By:  Bivins                                           S.B. No. 1439
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the placement in a residential care facility of a
    1-2  juvenile offender who is a person with mental retardation.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 55.03, Family Code, is amended to read as
    1-5  follows:
    1-6        Sec. 55.03.  <MENTALLY RETARDED> CHILD WITH MENTAL
    1-7  RETARDATION.  (a)  If it appears to the juvenile court, on the
    1-8  suggestion of a party or on the court's own notice, that a child
    1-9  alleged or found to have engaged in delinquent conduct or conduct
   1-10  indicating a need for supervision may be mentally retarded, the
   1-11  court shall order a determination of mental retardation
   1-12  <comprehensive diagnosis and evaluation> of the child as prescribed
   1-13  in the Persons With Mental Retardation Act (Chapter 591, Health and
   1-14  Safety Code) <to be performed at a facility approved by the Texas
   1-15  Department of Mental Health and Mental Retardation>.  If the court
   1-16  finds that the results of such determination <comprehensive
   1-17  diagnosis and evaluation> indicate a significantly subaverage
   1-18  general intellectual function of 2.5 or more standard deviations
   1-19  below the age-group mean for the tests used existing concurrently
   1-20  with deficits in adaptive behavior of Levels I-IV, and the
   1-21  interdisciplinary team recommends placement as required by Subtitle
   1-22  D, Title 7, Health and Safety Code, and the Texas Department of
   1-23  Mental Health and Mental Retardation determines that residential
   1-24  care facility placement is appropriate and that space is available,
    2-1  the court may <shall> initiate proceedings to order commitment of
    2-2  the child to a residential care facility for the <care and>
    2-3  treatment of <mentally retarded> persons with mental retardation.
    2-4        (b)  Subtitle D, Title 7, Health and Safety Code, governs
    2-5  proceedings for commitment of a child meeting the criteria set
    2-6  forth in Subsection (a) of this section except that:
    2-7              (1)  the juvenile court shall conduct the proceedings
    2-8  whether or not the juvenile court is also a county court; and
    2-9              (2)  on receipt of the court's order entering the
   2-10  findings set forth in Subsection (a) of this section, together with
   2-11  those findings set forth in Subtitle D, Title 7, Health and Safety
   2-12  Code, as prerequisites for court commitments, the Texas Department
   2-13  of Mental Health and Mental Retardation or the appropriate
   2-14  community center shall thereupon admit the child to a residential
   2-15  care facility for persons with mental retardation <the mentally
   2-16  retarded>.
   2-17        (c)  If the juvenile court enters an order committing the
   2-18  child for care and treatment in a facility for <mentally retarded>
   2-19  persons with mental retardation, the child shall be cared for,
   2-20  treated, and released in conformity to Subtitle D, Title 7, Health
   2-21  and Safety Code, except:
   2-22              (1)  the juvenile court that ordered commitment of the
   2-23  child shall be notified at least 10 days prior to discharge of the
   2-24  child; and
   2-25              (2)  appeal from juvenile court proceedings under this
   2-26  section shall be to the court of civil appeals as in other
   2-27  proceedings under this title.
    3-1        (d)  If the juvenile court orders commitment of a child to a
    3-2  facility for the care and treatment of <mentally retarded> persons
    3-3  with mental retardation, the proceedings under this title then
    3-4  pending in juvenile court shall be stayed.
    3-5        (e)  If the child is discharged from the facility for the
    3-6  care and treatment of <mentally retarded> persons with mental
    3-7  retardation before reaching 18 years of age, the juvenile court
    3-8  may:
    3-9              (1)  dismiss the juvenile court proceedings with
   3-10  prejudice; or
   3-11              (2)  continue with proceedings under this title as
   3-12  though no order of commitment had been made.
   3-13        SECTION 2.  The importance of this legislation and the
   3-14  crowded condition of the calendars in both houses create an
   3-15  emergency and an imperative public necessity that the
   3-16  constitutional rule requiring bills to be read on three several
   3-17  days in each house be suspended, and this rule is hereby suspended,
   3-18  and that this Act take effect and be in force from and after its
   3-19  passage, and it is so enacted.