By: De La Garza H.B. No. 291 73R1133 JMM-D 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 for discretionary transfer is 1-9 valid only if the court's final transfer order clearly disposes of 1-10 all offenses alleged in the petition by waiving the court's 1-11 jurisdiction over the offense and certifying it for transfer to an 1-12 appropriate court for criminal proceedings or by dismissing the 1-13 adjudication of the offense with prejudice. If the juvenile court 1-14 waives jurisdiction, it shall state specifically in the order its 1-15 reasons for waiver and certify its action, including the written 1-16 order and findings of the court, and shall transfer the child to 1-17 the appropriate court for criminal proceedings. On transfer of the 1-18 child for criminal proceedings, he shall be dealt with as an adult 1-19 and in accordance with the Code of Criminal Procedure. The 1-20 transfer of custody is an arrest. The court to which the child is 1-21 transferred shall determine if good cause exists for an examining 1-22 trial. If there is no good cause for an examining trial, the court 1-23 shall refer the case to the grand jury. If there is good cause for 1-24 an examining trial, the court shall conduct an examining trial and 2-1 may remand the child to the jurisdiction of the juvenile court. 2-2 SECTION 2. The change in law made by this Act applies only 2-3 to a petition for transfer of a case from a juvenile court to a 2-4 district or criminal court that is filed on or after the effective 2-5 date of this Act. A petition filed before the effective date of 2-6 this Act is covered by the law in effect at the time the petition 2-7 was filed and the former law is continued in effect for that 2-8 purpose. 2-9 SECTION 3. The importance of this legislation and the 2-10 crowded condition of the calendars in both houses create an 2-11 emergency and an imperative public necessity that the 2-12 constitutional rule requiring bills to be read on three several 2-13 days in each house be suspended, and this rule is hereby suspended, 2-14 and that this Act take effect and be in force from and after its 2-15 passage, and it is so enacted.