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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