1-1  By:  Bivins                                           S.B. No. 1439
    1-2        (In the Senate - Filed April 27, 1993; April 28, 1993, read
    1-3  first time and referred to Committee on Health and Human Services;
    1-4  May 7, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 7, Nays 0; May 7, 1993,
    1-6  sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Zaffirini          x                               
   1-10        Ellis                                         x    
   1-11        Madla              x                               
   1-12        Moncrief           x                               
   1-13        Nelson             x                               
   1-14        Patterson          x                               
   1-15        Shelley                                       x    
   1-16        Truan              x                               
   1-17        Wentworth          x                               
   1-18  COMMITTEE SUBSTITUTE FOR S.B. No. 1439               By:  Wentworth
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the placement in a residential care facility of a
   1-22  juvenile offender who is a person with mental retardation.
   1-23        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-24        SECTION 1.  Section 55.03, Family Code, is amended to read as
   1-25  follows:
   1-26        Sec. 55.03.  <MENTALLY RETARDED> CHILD WITH MENTAL
   1-27  RETARDATION.  (a)  If it appears to the juvenile court, on the
   1-28  suggestion of a party or on the court's own notice, that a child
   1-29  alleged or found to have engaged in delinquent conduct or conduct
   1-30  indicating a need for supervision may be mentally retarded, the
   1-31  court shall order a determination of mental retardation
   1-32  <comprehensive diagnosis and evaluation> of the child as prescribed
   1-33  in the Persons With Mental Retardation Act (Chapter 591, Health and
   1-34  Safety Code) <to be performed at a facility approved by the Texas
   1-35  Department of Mental Health and Mental Retardation>.  If the court
   1-36  finds that the results of such determination <comprehensive
   1-37  diagnosis and evaluation> indicate a significantly subaverage
   1-38  general intellectual function of 2.5 or more standard deviations
   1-39  below the age-group mean for the tests used existing concurrently
   1-40  with deficits in adaptive behavior of Levels I-IV, and the
   1-41  interdisciplinary team recommends placement as required by Subtitle
   1-42  D, Title 7, Health and Safety Code, and the Texas Department of
   1-43  Mental Health and Mental Retardation determines that residential
   1-44  care facility placement is appropriate and that space is available,
   1-45  the court may <shall> initiate proceedings to order commitment of
   1-46  the child to a residential care facility for the <care and>
   1-47  treatment of <mentally retarded> persons with mental retardation.
   1-48        (b)  Subtitle D, Title 7, Health and Safety Code, governs
   1-49  proceedings for commitment of a child meeting the criteria set
   1-50  forth in Subsection (a) of this section except that:
   1-51              (1)  the juvenile court shall conduct the proceedings
   1-52  whether or not the juvenile court is also a county court; and
   1-53              (2)  on receipt of the court's order entering the
   1-54  findings set forth in Subsection (a) of this section, together with
   1-55  those findings set forth in Subtitle D, Title 7, Health and Safety
   1-56  Code, as prerequisites for court commitments, the Texas Department
   1-57  of Mental Health and Mental Retardation or the appropriate
   1-58  community center shall thereupon admit the child to a residential
   1-59  care facility for persons with mental retardation <the mentally
   1-60  retarded>.
   1-61        (c)  If the juvenile court enters an order committing the
   1-62  child for care and treatment in a facility for <mentally retarded>
   1-63  persons with mental retardation, the child shall be cared for,
   1-64  treated, and released in conformity to Subtitle D, Title 7, Health
   1-65  and Safety Code, except:
   1-66              (1)  the juvenile court that ordered commitment of the
   1-67  child shall be notified at least 10 days prior to discharge of the
   1-68  child; and
    2-1              (2)  appeal from juvenile court proceedings under this
    2-2  section shall be to the court of civil appeals as in other
    2-3  proceedings under this title.
    2-4        (d)  If the juvenile court orders commitment of a child to a
    2-5  facility for the care and treatment of <mentally retarded> persons
    2-6  with mental retardation, the proceedings under this title then
    2-7  pending in juvenile court shall be stayed.
    2-8        (e)  If the child is discharged from the facility for the
    2-9  care and treatment of <mentally retarded> persons with mental
   2-10  retardation before reaching 18 years of age, the juvenile court
   2-11  may:
   2-12              (1)  dismiss the juvenile court proceedings with
   2-13  prejudice; or
   2-14              (2)  continue with proceedings under this title as
   2-15  though no order of commitment had been made.
   2-16        SECTION 2.  The importance of this legislation and the
   2-17  crowded condition of the calendars in both houses create an
   2-18  emergency and an imperative public necessity that the
   2-19  constitutional rule requiring bills to be read on three several
   2-20  days in each house be suspended, and this rule is hereby suspended,
   2-21  and that this Act take effect and be in force from and after its
   2-22  passage, and it is so enacted.
   2-23                               * * * * *
   2-24                                                         Austin,
   2-25  Texas
   2-26                                                         May 7, 1993
   2-27  Hon. Bob Bullock
   2-28  President of the Senate
   2-29  Sir:
   2-30  We, your Committee on Health and Human Services to which was
   2-31  referred S.B. No. 1439, have had the same under consideration, and
   2-32  I am instructed to report it back to the Senate with the
   2-33  recommendation that it do not pass, but that the Committee
   2-34  Substitute adopted in lieu thereof do pass and be printed.
   2-35                                                         Moncrief,
   2-36  Acting Chair
   2-37                               * * * * *
   2-38                               WITNESSES
   2-39                                                  FOR   AGAINST  ON
   2-40  ___________________________________________________________________
   2-41  Name:  Jaylon Fincannon                                        x
   2-42  Representing:  TXMHMR
   2-43  City:  Austin
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