By: Martin H.B. No. 223 73R1719 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to authorizing a juvenile court to require certain persons 1-3 to post a cash bond when a child is placed on probation. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 54, Family Code, is amended by adding 1-6 Section 54.043 to read as follows: 1-7 Sec. 54.043. CASH BOND DURING PROBATION. (a) When a court 1-8 or jury has, under Section 54.04(d)(1)(A) of this code, placed a 1-9 child on probation in the child's own home or in the custody of a 1-10 relative or other fit person, the court may require that the 1-11 child's parents or the relative or other fit person under whose 1-12 supervision the child has been placed post a cash bond with the 1-13 court as provided by this section. 1-14 (b) The court shall require that the bond provide that the 1-15 child will not violate the terms of the child's probation. If the 1-16 child violates the child's probation, the bond is subject to 1-17 forfeiture under applicable law. 1-18 (c) The court may require that the bond is in an amount that 1-19 does not exceed: 1-20 (1) $1,000 for a child who has been adjudicated as 1-21 having engaged in delinquent conduct; or 1-22 (2) $500 for a child who has been adjudicated as 1-23 having engaged in conduct indicating a need for supervision. 1-24 (d) The court may transfer the bond for deposit with the 2-1 county treasurer or a responsible financial institution subject to 2-2 disposition by order of the court. 2-3 (e) On forfeiture of the bond, the proceeds shall be used to 2-4 pay for any damages arising as a result of the violation of the 2-5 child's probation. Any amount that remains shall be paid to the 2-6 Texas Youth Commission for its use in carrying out its purposes. 2-7 (f) If the child's probation ends without forfeiture of the 2-8 bond, the bond is void and the amount of the bond shall be returned 2-9 under the direction of the court to the person who deposited the 2-10 bond. 2-11 SECTION 2. This Act takes effect September 1, 1993, and 2-12 applies to an order of a juvenile court placing a child on 2-13 probation that takes effect on or after that date without regard 2-14 to whether the juvenile proceedings commenced before, on, or after 2-15 that date. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.