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.