By:  Combs                                            H.B. No. 2033
       73R6341 JMM-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the dismissal or suspension of certain juvenile court
    1-3  proceedings.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 53, Family Code, is amended by adding
    1-6  Section 53.041 to read as follows:
    1-7        Sec. 53.041.  DISMISSAL OF PETITION; SUSPENSION OF
    1-8  PROCEEDINGS.  (a)  The juvenile court may not dismiss a petition
    1-9  for a transfer under Section 54.02 of this code or an adjudication
   1-10  under Section 54.03 of this code except on the motion of the
   1-11  prosecuting attorney.
   1-12        (b)  The juvenile court, by written order, may suspend the
   1-13  proceedings in a case in which a petition under Section 54.02 or
   1-14  54.03 of this code has been pending for more than six months if the
   1-15  child who is the subject of the petition has not been taken into
   1-16  custody.  The suspension of proceedings under this subsection shall
   1-17  continue until the child is taken into custody.
   1-18        (c)  The suspension of proceedings under Subsection (b) of
   1-19  this section does not affect the validity of an arrest warrant or
   1-20  juvenile court warrant authorizing the child who is the subject of
   1-21  the proceedings to be taken into custody.  A warrant in a case
   1-22  suspended under Subsection (b) of this section remains in effect
   1-23  until the warrant is executed by a law enforcement officer or
   1-24  withdrawn by court order.
    2-1        SECTION 2.  This Act takes effect September 1, 1993.
    2-2        SECTION 3.  (a)  The change in law made by this Act applies
    2-3  only to a petition for an adjudication or transfer hearing relating
    2-4  to conduct that occurs on or after the effective date of this Act.
    2-5  Conduct violating a penal law of the state occurs on or after the
    2-6  effective date of this Act if every element of the violation occurs
    2-7  on or after that date.
    2-8        (b)  Conduct that occurs before the effective date of this
    2-9  Act is covered by the law in effect at the time the conduct
   2-10  occurred, and the former law is continued in effect for that
   2-11  purpose.
   2-12        SECTION 4.  The importance of this legislation and the
   2-13  crowded condition of the calendars in both houses create an
   2-14  emergency and an imperative public necessity that the
   2-15  constitutional rule requiring bills to be read on three several
   2-16  days in each house be suspended, and this rule is hereby suspended.