73R6001 JMM-D
          By De La Garza, et al.                                 H.B. No. 291
          Substitute the following for H.B. No. 291:
          By Sadler                                          C.S.H.B. No. 291
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the waiver of jurisdiction of a juvenile court and
    1-3  transfer of certain children to district or criminal courts.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.02(h), Family Code, is amended to read
    1-6  as follows:
    1-7        (h)  The waiver of a juvenile court's jurisdiction for one or
    1-8  more offenses alleged in a petition or motion for discretionary
    1-9  transfer is valid only if the court's final transfer order clearly
   1-10  disposes of all offenses alleged in the petition or motion.  The
   1-11  court may dispose of an offense either by waiving the court's
   1-12  jurisdiction over the offense and certifying it for transfer to an
   1-13  appropriate court for criminal proceedings or by dismissing the
   1-14  offense with prejudice.  If the juvenile court waives jurisdiction,
   1-15  it shall state specifically in the order its reasons for waiver and
   1-16  certify its action, including the written order and findings of the
   1-17  court, and shall transfer the child to the appropriate court for
   1-18  criminal proceedings.  On transfer of the child for criminal
   1-19  proceedings, he shall be dealt with as an adult and in accordance
   1-20  with the Code of Criminal Procedure.  The transfer of custody is an
   1-21  arrest.  The court to which the child is transferred shall
   1-22  determine if good cause exists for an examining trial.  If there is
   1-23  no good cause for an examining trial, the court shall refer the
   1-24  case to the grand jury.  If there is good cause for an examining
    2-1  trial, the court shall conduct an examining trial and may remand
    2-2  the child to the jurisdiction of the juvenile court.
    2-3        SECTION 2.  The change in law made by this Act applies only
    2-4  to a petition for transfer of a case from a juvenile court to a
    2-5  district or criminal court that is filed on or after the effective
    2-6  date of this Act.  A petition filed before the effective date of
    2-7  this Act is covered by the law in effect at the time the petition
    2-8  was filed and the former law is continued in effect for that
    2-9  purpose.
   2-10        SECTION 3.  The importance of this legislation and the
   2-11  crowded condition of the calendars in both houses create an
   2-12  emergency and an imperative public necessity that the
   2-13  constitutional rule requiring bills to be read on three several
   2-14  days in each house be suspended, and this rule is hereby suspended,
   2-15  and that this Act take effect and be in force from and after its
   2-16  passage, and it is so enacted.