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.