BILL ANALYSIS

                                                     C.S.H.B. 327
                                             By: Goodman (Harris)
                                                 Criminal Justice
                                                          4-21-95
                            Senate Committee Report (Substituted)
BACKGROUND

In the 1960s, growing doubts about juvenile delinquency courts led
to a series of major U.S. Supreme Court decisions that
fundamentally changed the character of the juvenile justice system. 
In 1971, Morales v. Turman, a class action lawsuit, was filed. 
Investigations in this case revealed due process violations in the
adjudicatory stage and violations of the Eighth Amendment's
prohibition against cruel and unusual punishment in Texas Youth
Commission (TYC) institutions.  A trial was held in the summer of
1973 before the federal court of the Eastern District of Texas
resulting in the court issuing an Emergency Interim Relief Order
enjoining TYC from cruel and unusual punishment in violation of the
Eighth Amendment.  The reformatory schools, Mountain View and
Gatesville State Schools were ordered closed.  

During the time the case was being appealed, the legislature
authorized community-based care and expanded the number of halfway
house programs.  TYC began a fundamental change in its operations
and implemented a county juvenile probation subsidy program called
the Community Assistance Program.

In 1984, Morales v. Turman was settled by the state and approved by
the court containing conditions that are still in effect today
because the plaintiffs in the class action lawsuit included all
youths involuntarily committed to TYC both now and in the future. 
Violations of the Settlement Agreement can cause the case to be
reinstated on the federal court trial docket or brought before the
district court in Travis County.  In response to the 1973 Morales
litigation, the Texas Legislature passed S.B. 111, effective
September 1, 1973, an act adopting Title 3 of the Family Code which
is considered the "juvenile code" for Texas.

PURPOSE

As proposed, C.S.H.B. 327 substantively revises Title 3 of the
Family Code by, among other measures, establishing persons for whom
the juvenile court has jurisdiction; expanding the list of offenses
for which a child is not eligible for deferred adjudication;
setting forth provisions for habitual offenders; creating a
juvenile justice information system; setting forth guidelines for
progressive sanctions; amending determinate sentencing procedures;
and providing criminal and civil penalties.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to state governmental agencies that contract with the Texas
Juvenile Probation Commission for the improvement of probation
services under SECTION 60 (Section 141.0471(c), Human Resources
Code), the Department of Public Safety under SECTION 48 (Section
58.110, Title 3, Family Code), and the Texas Youth Commission in
SECTIONS 62 and 65 (Sections 61.101(a) and (c), and Section
141.0432(c), Human Resources Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends the heading to Title 3, Family Code, as follows:

                 TITLE 3.  JUVENILE JUSTICE CODE

SECTION 2. Amends Section 51.01, Family Code, to set forth the
purposes of this title.  Makes conforming and nonsubstantive
changes.

SECTION 3. Amends Section 51.02, Family Code, by amending
Subdivision (1) and adding Subdivisions (11)-(15), to redefine
"child" and define "status offender," "secure detention facility,"
"secure correctional facility," "nonoffender," and "aggravated
controlled substance felony."

SECTION 4. Amends Section 51.03(a)-(b), Family Code, to provide
that delinquent conduct is conduct that violates a reasonable and
lawful order of a municipal court or justice court under
circumstances that would constitute contempt of court, and that
conduct indicating a need for supervision is an act that violates
a school district's previously communicated written standards of
student conduct for which the child has been expelled under Section
21.3011, Education Code and conduct that violates a reasonable and
lawful order of a court entered under Section 264.305.

SECTION 5. Amends Chapter 51, Family Code, by adding Section
51.031, to provide that habitual felony conduct is conduct
violating a penal law of the grade of felony, other than a state
jail felony, if a child has at least two previous adjudications of
delinquent conduct of felony grade and the second previous
adjudication is for conduct occurring after the first became final.

SECTION 6. Amends Chapter 51, Family Code, by adding Sections
51.035 and 51.036, as follows:

     Sec. 51.035.  PERSONS FOR WHOM THE JUVENILE COURT HAS
     JURISDICTION:  AGE LIMITS.  (a) Grants a juvenile court
     jurisdiction over a person younger than 17 years of age; 17
     years of age or older and younger than 18 years of age who is
     alleged or found to have engaged in delinquent conduct
     indicating a need for supervision as a result of acts
     committed before becoming 17 years of age; 17 years of age or
     older and younger than 19 years of age who is committed to the
     Texas Youth Commission (TYC) and is eligible for transfer to
     the Texas Department of Criminal Justice (TDCJ); 18 years of
     age or older, who was 14 years of age or older and under 17
     years of age at the time of the alleged capital felony, or a
     felony of the first degree, for the sole purpose of transfer
     to a criminal court under Section 54.02(j), 55.022(f), or
     55.03(g); or 18 years of age or older if the person was
     between 15 and 17 years of age ate the time the person is
     alleged to have committed a second or third degree felony or
     a state jail felony, for the sole purpose of considering a
     transfer to a criminal court under Section 54.02(j),55.02(f),
     or 55.03(g).
     
            (b) Denies a juvenile court jurisdiction over a person
       younger than 10 years of age.
     Sec. 51.036.   PERSONS FOR WHOM THE JUVENILE COURT HAS
     JURISDICTION:  EXCEPTIONS.  (a) Denies a juvenile court
     jurisdiction over a person for whom a criminal court has
     original jurisdiction unless the criminal court waives its
     jurisdiction and transfers the child to the juvenile court
     under Section 51.08.
     
     (b) Denies a juvenile court jurisdiction over a person for
       whom the court has previously waived its exclusive original
       jurisdiction under Section 54.02 and transferred the person
       to a court for criminal proceedings.  Provides that the
       person, on transfer, is treated as an adult for all further
       criminal proceedings.  Requires the juvenile court to resume
       jurisdiction if the person transferred is remanded to the
       juvenile court, not indicted by the grand jury, found not
       guilty in the matter transferred, the matter is dismissed
       with prejudice, or the person is convicted of a lesser
       included offense classified as a misdemeanor.
       
       (c) Denies a juvenile court jurisdiction over a person for
       whom the juvenile court has waived jurisdiction or over a
       person who commits an offense for which jurisdiction has
       been waived under Section 54.021 during the effective period
       of the waiver.
       
       SECTION 7.   Amends Chapter 51, Family Code, by adding Sections
51.041 and 51.042, as follows:

     Sec. 51.041.  JURISDICTION AFTER APPEAL.     Requires the
     court to retain jurisdiction over a person for conduct engaged
     in by the person before becoming 17 years of age if, as a
     result of an appeal by the person under Chapter 56 of an order
     of the court, the order is reversed or modified and the case
     remanded to the court by the appellate court.
          
     Sec. 51.042.  OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
     CHILD.  Requires a child to raise an objection on the basis of
     age to the jurisdiction of the court at the first formal
     hearing.  Provides that a child who does not object, waives
     any right to object because of age to the jurisdiction of the
     court at a later hearing or on appeal.
     
     SECTION 8.     Amends Section 51.06, Family Code, as follows:

     Sec. 51.06.  VENUE.  (a)  Requires a proceeding under this
     title to be commenced in the county in which the alleged
     delinquent conduct or conduct indicating a need for
     supervision occurred.
     
     (b)  Requires an application for a writ of habeas corpus
       brought by or on behalf of a person, rather than a child,
       who has been committed to TYC to be brought in the county
       entering the commitment judgment.
     SECTION 9.     Amends Sections 51.08(b) and (c), Family Code, to make
conforming changes. 

SECTION 10.    Amends Section 51.09(b), Family Code, to provide
that a child's statement is admissible in evidence if, when the
child is in detention or custody, the statement shows that the
child has received a warning from a peace officer listed under
Article 2.12, Code of Criminal Procedure, rather than magistrate,
that, if the child is 14, rather than 15 years old, the child may
be tried as an adult and sentenced to TYC with a possible transfer
to the pardons and paroles division for from two to 40 years for a
capital felony of the first degree, 20 years for a felony of the
second degree, or 10 years for a felony of the third degree if the
child engaged in habitual felony conduct or for certain delinquent
conduct. 

SECTION 11.    Reenacts and amends Section 51.09(c), Family Code,
regarding the admissibility of a child's statement who was not
warned under Subsections (b)(1)(E) and (F), to make nonsubstantive
changes.

SECTION 12.    Amends Section 51.10(c), Family Code, to require the
court to order the retention of an attorney or appoint an attorney
according to Subsections (d) and (f).

SECTION 13.    Amends Section 51.12, Family Code, by amending
Subsections (a) and (c) and adding Subsections (f) and (g), as
follows:

     (a) Authorizes a child to be detained only in a juvenile
     processing office, a place of nonsecure custody, or a
     certified juvenile detention facility, all in compliance with
     sections of this Act.
     
     (c) Requires the judge of the juvenile court and the juvenile
     board in each county to personally inspect any public or
     private secure correctional facilities used for post-adjudication confinement that are located in the county and
     operated under authority of the juvenile board and to certify
     to the Texas Juvenile Probation Commission (TJPC) that they
     are suitable or unsuitable for detention of children, in
     accordance with minimum professional standards for the child
     detention in pre-adjudication or post-adjudication secure
     confinement or the standards promulgated by the American
     Correctional Association.
     
     (f) Requires a child detained in a building containing a place
     of secure confinement to be separated by sight and sound from
     detained adults.  Sets forth requirements for such separation.
     
     (g) Prohibits a child detained in a building that contains a
     place of secure confinement from having contact with security
     or direct-care staff who are in contact with detained adults.
     
     SECTION 14.    Amends Section 51.13, Family Code, by amending
Subsection (a) and adding Subsection (d), to set forth the grounds
for determining a final felony conviction.  Makes conforming
changes.

SECTION 15.    Amends Section 51.17, Family Code, as follows:

     Sec. 51.17.  PROCEDURE AND EVIDENCE.  (a) Provides that the
     Texas Rules of Civil Procedure govern proceedings under this
     title, except for the burden of proof to be borne by the state
     in adjudicating a child to be delinquent or in need of
     supervision under Section 54.03(f) or otherwise when in
     conflict with a provision of this title.
     
     (b) Provides that discovery in a proceeding under this title
       is governed by the Texas Rules of Criminal Procedure.
       
       (c) Provides that the Texas Rules of Criminal Evidence apply
       in a judicial proceeding under this title, except as
       otherwise provided by this title.
     SECTION 16.    Amends Section 52.01(a), Family Code, to include
conduct that violates a penal law of this state as probable cause
by which a child may be taken into custody by a law-enforcement
officer (officer).  Makes conforming and nonsubstantive changes.

SECTION 17.    Amends Chapter 52, Family Code, by adding Section
52.015, as follows:

     Sec. 52.015.  DIRECTIVE TO APPREHEND.  (a) Authorizes a
     juvenile court to issue a directive to apprehend a child if
     the court finds there is probable cause to take the child into
     custody on the request of a law-enforcement or probation
     officer.
     
     (b) Requires the law-enforcement or probation officer
       requesting the directive to take the child into custody upon
       issuance of a directive to apprehend.
       
       (c) Prohibits appeal of an order under this section.
       
SECTION 18.    Amends Section 52.025, Family Code, by amending
Subsection (a) and adding Subsection (e), as follows:

     (a) Prohibits a juvenile processing office from being used as
     a cell or holding facility for the detention of an adult.
     
     (e) Authorizes a child under certain conditions to be
     processed at any facility that is regularly used to process
     adult criminal offenders. 
     
     SECTION 19.    Amends Chapter 52, Family Code, by adding Section
52.027 and 52.028, as follows:

     Sec. 52.027.  CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
     OFFENSES, FOR OTHER FINEABLE ONLY OFFENSES, OR AS STATUS
     OFFENDER.  (a) Authorizes a child to be released to the
     parent, guardian, custodian, or other responsible adult, if
     the child is taken into custody for a traffic offense, for an
     offense other than public intoxication punishable by fine
     only, or as a status offender or nonoffender.
     
     (b) Authorizes a child under Subsection (a), except in
       certain circumstances, to be taken only to a place
       previously designated as an appropriate place of nonsecure
       custody of children.
       
       (c) Requires a place of nonsecure custody to be an unlocked,
       multipurpose area.
       
       (d) Sets forth the required procedures in a place of
       nonsecure custody.
       
       (e) Prohibits a child from being detained in a place of
       nonsecure custody for more than six hours.
       
       (f) Authorizes a child taken into custody to be presented or
       detained in a detention facility designated by the juvenile
       court in certain circumstances.
       
       (g) Authorizes an officer to issue a filed release citation
       in place of taking a child into custody.
       
       (h) Prohibits a municipal court from holding a child in
       contempt for intentionally refusing to obey a lawful order
       of a disposition after an adjudication of guilt of a traffic
       or other offense punishable by fine only.  Requires the
       court instead to refer the child to the appropriate juvenile
       court for delinquent conduct.
       
       (i) Defines "child."
     Sec. 52.028.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
     JUVENILE CURFEW ORDINANCE.  (a) Authorizes a person younger
     than 17 years of age taken into custody for violation of a
     juvenile curfew ordinance of a governmental entity to be taken
     to a place designated as a juvenile curfew processing office
     by the head of the law enforcement agency (agency) of the
     governmental entity.
     
     (b) Provides that the juvenile curfew processing office is
       not subject to the approval of the juvenile board having
       jurisdiction where the governmental entity is located.
SECTION 20.    Amends Sections 52.03(a) and (c), Family Code, as
follows:

     (a) Makes a conforming change.
     
     (c) Includes referral of the child and the child's parent,
     guardian, or custodian for services under Section 264.302
     among the authorized subjects a disposition authorized by this
     section may involve.
     
SECTION 21.    Amends Chapter 52, Family Code, by adding Section
52.031, as follows:

     Sec. 52.031.  FIRST OFFENDER PROGRAM.  (a)  Authorizes a
     juvenile board to establish a first offender program (program)
     under this section for the referral and disposition of
     children taken into custody for certain conduct.
     
     (b)  Requires each juvenile board in the county in which a
       program is established to designate an officer and an
       agency, which may be an agency to process a child under the
       program.
       
       (c)  Sets forth the conditions for which the disposition of
       a child under the program is prohibited.
       
       (d)  Sets forth the conditions to which an officer taking a
       child into custody may refer the child to the officer or
       agency designated under Subsection (b) for disposition under
       the program and not refer the child to juvenile court.
       
       (e)  Prohibits a child referred for disposition under the
       program from being detained in law enforcement custody.
       
       (f)  Requires the parent, guardian, or custodian of the
       child to receive notice that the child has been referred for
       disposition under the program.  Sets forth the required
       contents of the notice.
       
       (g)  Requires the child and the parent, guardian, or
       custodian, to consent to participation by the child in the
       program.
       
       (h)  Sets forth the authorized provisions of disposition
       under a program.
       
       (i)  Provides that the case of a child who successfully
       completes the program is closed and may not be referred to
       juvenile court, unless the child is taken into custody under
       circumstances described by Subsection (j)(3).
       
       (j)  Sets forth the conditions which require the case of a
       child referred for disposition under the program to be
       referred to juvenile court.
       
       (k)  Prohibits a statement made by a child to a person
       giving advice, supervision, or participating in the program
       from being used against the child in any proceeding under
       this title or any criminal proceeding.
       
       (l)  Requires the agency to report certain information to
       the juvenile board in December of each year.
SECTION 22.    Amends Section 53.01, Family Code, by amending
Subsections (a) and (b), and adding Subsections (d)-(f), as
follows:

     (a)-(b) Make conforming changes.
     
     (d) Requires the case, if it is determined that the person is
     a child, and regardless of a finding of probable cause, or
     lack thereof, there is an allegation that the child engaged in
     delinquent conduct of the grade of felony, or conduct
     constituting a misdemeanor offense involving violence to a
     person or the use or possession of a weapon, or a misdemeanor
     sexual offense, to be promptly forwarded to the office of the
     prosecuting attorney along with all previously accompanying
     documents and a summary of all prior referrals of the child to
     the juvenile court, probation department, or detention
     facility.
     
     (e) Requires a juvenile board, if it adopts an alternative
     referral plan, to register the plan with TJPC.
     
     (f) Prohibits a juvenile board from adopting an alternate
     referral plan that does not require the forwarding of the case
     to the prosecuting attorney if probable cause exists that the
     child's conduct violated Section 19.02 or 19.03, Penal Code.
     
SECTION 23.    Amends Chapter 53, Family Code, by adding Sections
53.012 and 53.013, as follows:

     Sec. 53.012.  REVIEW BY PROSECUTOR.  (a) Requires the
     prosecuting attorney to review the circumstances and
     allegations of a referral under Section 53.01 for legal
     sufficiency and desirability of prosecution.
     
       (b) Requires the prosecuting attorney who does not file a
       petition requesting the adjudication of a referred child to
       terminate all proceedings due to lack of probable cause,
       return the referral to the juvenile probation department for
       further proceedings or refer the juvenile to a community-based citizen intervention program approved by the juvenile
       court.
       
       (c) Requires the juvenile probation department to refer a
       child, who has been returned to the juvenile probation
       department and who fails to participate in a juvenile
       probation department program, to the prosecuting attorney
       for case review and to determine whether to file a petition.
     Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  Authorizes each
     juvenile board to adopt a progressive sanctions program
     according to the guidelines under Chapter 59.
     
       SECTION 24.  Amends Section 53.02, Family Code, by amending
Subsection (b) and adding Subsection (d), as follows:

     (b) Authorizes a child taken into custody to be detained prior
     to hearing on the petition if, among other items, the child
     may threaten the safety of the public if released. 
     
     (d) Requires the release of a child to an adult to be
     conditioned on the agreement of the adult to be subject to the
     juvenile court's jurisdiction.
     SECTION 25.    Amends Section 53.03, Family Code, as follows:

     Sec. 53.03.  DEFERRED ADJUDICATION.  (a)-(d) Make conforming
     and nonsubstantive changes.  
       (e) Authorizes a deferred prosecution to involve the child's
       participation in a substance abuse program if participation
       is applicable to the child's case and funding is available.
       
       (f) Authorizes a deferred prosecution to involve
       participation by the child in a community-based citizen
       intervention program approved by the juvenile court in
       addition to the requirements of Subsections (d) and (e).
       
       (g) Makes conforming changes.
       
       (h) Makes a child ineligible for deferred prosecution under
       this section if the child previously violated, with a
       felony-grade action, a penal law of this state.
       
       (i) Requires the probation officer or other person
       designated by the court supervising a deferred prosecution
       for a child to report to the prosecuting attorney and the
       juvenile court any violation by the child of the deferred
       prosecution.
       
     SECTION 26.    Amends Section 53.04(d), Family Code, to require a
petition for adjudication or transfer hearing of a child to state
the previous adjudications in which a child, who is alleged to have
engaged in habitual felony conduct, committed a felony-grade
violation of penal laws.

SECTION 27.    Amends the heading of Section 53.045, Family Code,
as follows:

     Sec. 53.045.  VIOLENT OR HABITUAL OFFENDERS.
     
SECTION 28.    Amends Sections 53.045(a), Family Code, to make
conforming changes.

SECTION 29.    Amends Section 53.05(b), Family Code, to require a
hearing to be set no later than 10 working days after the petition
was filed.

SECTION 30.    Amends Chapter 53, Family Code, by adding Section
53.08, as follows:

     Sec. 53.08.  WRIT OF ATTACHMENT.  (a) Authorizes the juvenile
     court to issue a writ of attachment for a person who violates
     an order entered under Section 53.06(c).
     
     (b) Provides that a writ of attachment is executed in the
       same manner as in a criminal proceeding under Chapter 24,
       Code of Criminal Procedure.
       
SECTION 31.    Amends Section 54.01, Family Code, by amending
Subsections (h) and (l) and adding Subsection (n), as follows:

            (h) Prohibits a detention order from extending for more than
       10 working days.  Prohibits a waiver of the initial
       detention hearing.  Makes conforming and nonsubstantive
       changes.
       
       (l) Requires the juvenile court judge to adopt, modify, or
       reject the referee's recommendations by the next working day
       after the day that the judge receives the recommendations.
       
       (n) Authorizes a court appointed attorney to request a de
       novo detention hearing on behalf of a child who was detained
       for lack of attorney representation.
SECTION 32.    Amends Chapter 54, Family Code, by adding Section
54.011, as follows:

     Sec. 54.011.  INTERACTIVE VIDEO RECORDING OF DETENTION
     HEARING.  (a) Authorizes a detention hearing under Section
     54.01, other than the first hearing, to be held using video
     equipment, if the child and child's attorney agree to the
     video hearing and the parties to the proceeding have the
     opportunity to cross-examine witnesses.
     
     (b) Prohibits a hearing to be held using video equipment
       unless the equipment provides a two-way communication of
       image or sound.
       
       (c) Requires a recording of the communications to be made. 
       Requires the recording to be preserved until a specific
       date.
       
       (d) Authorizes an attorney for the child to obtain a copy of
       the recording upon payment for reproduction of the copy.
       
SECTION 33.    Amends Sections 54.02(a), (d), (f), and (g)-(j),
Family Code, as follows:

            (a) Makes conforming changes.
       
       (d) Deletes the requirement that the juvenile court order
       and obtain a study, evaluation, and investigation of the
       circumstances of the child's alleged offense.
       
       (f) Deletes certain required considerations of the court in
       making a determination under Subsection (a).
       
       (g) Requires the juvenile court to either retain or transfer
       all offenses relating to a single transaction, if the
       petition alleges multiple offenses that constitute more than
       one criminal transaction.  Provides that a child cannot be
       prosecuted for an offense resulting from a criminal
       transaction for which the juvenile court retains
       jurisdiction.
       
       (h) Deletes language requiring good cause for an examining
       trial.  Makes conforming changes.
       
       (i) Provides that a waiver under this section constitutes a
       waiver of jurisdiction over the child.  Prohibits a criminal
       court from remanding the child to the jurisdiction of the
       juvenile court unless the juvenile court resumes
       jurisdiction under Section 51.036(b).  Deletes existing
       Subsection (i).
       
       (j) Authorizes a juvenile court to waive and transfer its
       exclusive jurisdiction to a district court if the person was
       between 14 and 17 years of age and is alleged to have
       committed a capital or first degree felony; between 15 and
       17 years of age and alleged to have committed a second or
       third degree or a state jail felony; or it was not
       practicable to proceed in juvenile court before the 18th
       birthday of the person for certain reasons.
       
SECTION 34.    Amends Section 54.021, Family Code, as follows:

     Sec. 54.021.  New heading: JUSTICE OR MUNICIPAL COURT: 
     TRUANCY.  (a) Authorizes a juvenile court to waive original
     jurisdiction and transfer a child to a municipal court.  Makes
     conforming changes.
     
       (b)-(d) Make conforming changes.  Deletes Subsection (e).
       
       (e)  Provides that an order under Subsection (d)(3) that
       requires the parent, managing conservator, or guardian of a
       person to attend a class for students at risk of dropping
       out of school is enforceable in the justice court by
       contempt.
       (f)-(h) Make conforming changes.
       
SECTION 35.    Amends Chapter 54, Family Code, by adding Section
54.022, as follows:

     Sec. 54.022.  JUSTICE OR MUNICIPAL COURT: CERTAIN
     MISDEMEANORS.  (a)  Provides that on a finding by a justice or
     municipal court that a child committed a misdemeanor offense
     punishable by fine only other than a traffic offense or public
     intoxication or committed a violation of a penal ordinance of
     a political subdivision other than a traffic offense, the
     court has jurisdiction to enter a certain order.
     
     (b) Provides that on a finding by a justice or municipal
       court that a child committed an offense described by
       Subsection (a) and that the child has previously been
       convicted of an offense described by Subsection (a), the
       court has jurisdiction to enter an order that includes one
       or more of certain provisions.
       
       (c) Authorizes the justice or municipal court to order the
       parents, managing conservator, or guardian of a child
       required to attend a program under Subsection (a) or (b) to
       pay an amount not greater than $100 to pay for the costs of
       the program.
       
       (d)  Authorizes a justice or municipal court to require a
       child, parents, managing conservator, or guardian required
       to attend a program, class, or function under this section
       to submit proof of attendance to the court.
       
       (e)  Requires a justice or municipal court to endorse on the
       summons issued to a parent, managing conservator, or a
       guardian to appear personally at the hearing with the child.
       
       (f)  Provides that an order under this section involving a
       child is enforceable under Section 51.03(a)(3) by referral
       to the juvenile court.
       
       (g)  Provides that any other order under this section is
       enforceable by the justice or municipal court by contempt.
SECTION 36.    Amends Sections 54.03(b) and (d), Family Code, as
follows:

            (b) Requires a juvenile court judge to provide a written or
       oral explanation of specific information and case
       proceedings.
       
       (d) Requires evidence to be in accordance with the Texas
       Rules of Criminal Evidence and Chapter 38, Code of Criminal
       Procedure.
SECTION 37.    Amends Section 54.04, Family Code, by amending
Subsections (a), (d)-(e), (g)-(h), and (k), and adding Subsection
(m), as follows:

            (a) Makes conforming changes.
       
       (d) Authorizes the court or jury, if the court or jury
       finding under Subsection (c) allows the court to make a
       disposition in the case, to sentence the child to TYC with
       a possible transfer to the pardons and paroles division for
       a term of certain length.  Requires any child committed to
       TYC to first be committed to a youth boot camp established
       under Section 61.101, Human Resources Code, for a period not
       to exceed eight weeks, unless the commission determines that
       the services and the level of security at the facility are
       inappropriate for the child.  Authorizes the child to be
       committed to the institutional division of the Texas
       Department of Criminal Justice.  Makes conforming changes.
       
       (e) and (g) Make conforming changes.
       
       (h) Requires the court, at the conclusion of the
       dispositional hearing, to inform the child of the procedures
       for the sealing of the child's records under Section 58.004. 
       Makes conforming changes.
       
       (k) Makes conforming changes.
       
       (m) Authorizes the court or jury to sentence a child
       adjudicated for habitual felony conduct to a term under
       Section (d)(3) and applicable to the conduct adjudicated in
       the pending case, if a petition is filed and approved by a
       grand jury alleging habitual felony conduct and the court or
       jury finds beyond a reasonable doubt the grand jury
       allegation true.
       
     SECTION 38.  Amends Section 54.041, Family Code, by amending
Subsections (b)-(e) and adding Subsection (g), as follows:

          (b) Authorizes the court to order the child or a conservator,
     guardian, or custodian to make restitution to the victim of
     the offense, if a child is found to have engaged in conduct
     indicating a need for supervision.  Provides that an order
     providing for restitution by the child or parent of the child
     to the victim of the offense not extend past the child's 19th,
     rather than 18th, birthday.
     
     (c) Deletes the provision authorizing a city, town, or county
     that establishes certain programs to purchase insurance.
     
     (d)-(f) Redesignate existing Subsections (c)-(e).
     
     (g) Authorizes a juvenile court to order a person who by
     willful act or omission contributed to, caused, or encouraged
     the child's delinquent conduct to pay to the juvenile court
     the cost of all legal proceedings, detention, and treatment
     for the child.
     
     SECTION 39.    Amends Sections 54.042(b), (d), and (e), Family
Code, as follows:

     (b) Requires an order under Subsection (a)(1) to specify a
     period of suspension or denial lasting until the child reaches
     the age of 19, rather than 17, or 365 days.
     
     (d) Authorizes a juvenile court in a disposition hearing to
     order the Department of Public Safety (DPS) to suspend a
     child's driver's license or permit or to deny the issuance of
     a license or permit to the child for a period not to exceed
     12, rather than six, months.
     
     (e) Makes conforming changes.
SECTION 40.    Amends Chapter 54, Family Code, by adding Sections
54.044 and 54.045, as follows:

     Sec. 54.044.  COMMUNITY SERVICE.  (a) Requires the court to
     require the child to work a specified number of hours at a
     court approved community service project unless the court
     determines the child meets certain conditions for exemption.
     
     (b) Authorizes the court to order the child's parent to
       perform community service with the child.
       
       (c) Requires the court to order that the child and parent to
       perform not more than 500 hours of community service under
       this section.
       
       (d) Authorizes a municipality or county, that establishes a
       program to assist children and parents in rendering
       community service, to purchase insurance protecting against
       claims brought by a person other than the child or parent
       for an action occurring while rendering community service. 
       Sets forth guidelines for liability.
       
       (e) Authorizes a court to submit to the juvenile probation
       department a list of court approved organizations or
       projects for community service.  Authorizes the juvenile
       probation department to make designations only from the
       court submitted list and to reassign or transfer a child to
       a different organization or project without court approval.
       
       (f) Entitles a person subject to an order under Subsection
       (a) or (b) to a hearing before the order is entered by the
       court.
       
       (g) Authorizes the enforcement, as provided by Section
       54.07, of an order under this section.
       
       Sec. 54.045.  ADMISSION OF UNADJUDICATED CONDUCT.  (a)
     Authorizes a child during a disposition hearing to admit to
     having engaged in delinquent conduct and request the court to
     take the admitted conduct into account.
     
     (b) Authorizes a court to take the admitted conduct into
       account if the prosecuting attorney agrees in writing.
       
       (c) Authorizes a court to take into account admitted conduct
       over which exclusive venue lies in another county if the
       court obtains written permission from the prosecuting
       attorney for that county.
       
       (d) Prohibits a child from being adjudicated by any court
       for having engaged in conduct taken into account, except
       that, if the conduct taken into account included conduct
       over which exclusive venue lies in another county and the
       written permission of the prosecuting attorney of that
       county was not obtained, the child may be adjudicated for
       that conduct, but the child's admission under this section
       may not be used against the child in the adjudication.
       
       SECTION 41.  Amends Section 54.05(f) and (h), Family Code, as
follows:

     (f) Authorizes a disposition based on a finding of delinquent
     conduct if the court finds by a preponderance of the evidence,
     rather than beyond a reasonable doubt, that the child violated
     a reasonable and lawful court order.  Authorizes a disposition
     based on a finding of habitual felony conduct to be modified
     to commit the child to TYC with a possible transfer to TDCJ
     for a term prescribed by Section 54.04(d)(3) of this code.
     
     (h) Makes a conforming change.
SECTION 42.    Amends Chapter 54, Family Code, by adding Section
54.055, to require the clerk of court that issued an order, not
later than the 60th day after the date the order is entered in the
case disposition under Section 54.04 or 54.05, to transmit to DPS
certain information relating to the case.

SECTION 43.    Amends Section 54.06, Family Code, by amending
Subsection (c) and adding Subsections (d)-(f), as follows:

     (c) Authorizes a court to use any means available to enforce
     a child support order under Title 2.
     
     (d) Makes conforming changes.
     
     (e) Requires the court to apply the child support guidelines
     to a child support order.  Requires the court to requires a
     child support order to include health insurance provisions.
     
     (f) Provides that an order under this section prevails over
     any previous child support order issued.
     
SECTION 44.    Amends Section 54.08, Family Code, as follows:

     Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a) Requires
     the court to open hearings to the public unless good cause
     exists to exclude the public.
     
     (b) Provides that a court may not prohibit a person who is
       a victim of a child's conduct from attending a hearing
       relating to the child's conduct unless the victim is to
       testify and the court determines the victim's testimony
       would be materially affected by hearing other testimony.
       
       SECTION 45.  Amends Section 54.11, Family Code, as follows:

     Sec. 54.11.  New heading: RELEASE OR TRANSFER HEARING.  (a)
     Requires the court to set the location and time for a hearing
     on release of a person upon receipt of a referral under
     Section 61.0785 or 61.0786, Human Resources Code, for transfer
     to the institutional division or pardons and paroles division
     of a person committed to TYC under Section 54.04(d)(3),
     54.04(m), or 54.05(f).  Makes nonsubstantive changes.
     
     (b) Makes no change.
       
       (c)-(g) Make conforming changes.
       
       (h) Requires the hearing for a person referred for transfer
       to be held not later than the 60th day after the court
       receives the referral.
       
       (i) Authorizes the court, on conclusion of a hearing
       pertaining to Section 61.079(a), Human Resources Code, to
       order the transfer of the person to the institutional
       division of TDCJ for completion of the person's sentence, or
       transfer to the pardons and paroles division for release on
       parole.
       
       (j) Authorizes the court, on conclusion of a hearing
       pertaining to Section 61.0785, Human Resources Code, to
       order the person's return to TYC or transfer to the
       institutional division of TDCJ.
       
       (k) Authorizes the court, on conclusion of a hearing
       pertaining to Section 61.0786, Human Resources Code, to
       order the person's return to TYC or transfer to the pardons
       and paroles division for release on parole.
       
       (l) Created from existing text.
       
       (m) Authorizes the court, on TYC recommendation, to defer a
       transfer under Subsection (i), (j), or (k) to allow a person
       to continue to participate in a treatment program with TYC. 
       Prohibits the deferral from extending beyond the person's
       19th birthday.
       
SECTION 46.    Amends Chapter 54, Family Code, by adding Section
54.12, as follows:

     Sec. 54.12.  YOUTH BOOT CAMP PROGRAMS.  Provides that a youth
     boot camp program is an intermediate sanction facility and may
     be used for certain purposes.
SECTION 47.    Amends Chapter 55, Family Code, as follows:

 CHAPTER 55.  New heading: PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS OR MENTAL RETARDATION
     Sec. 55.01.  PHYSICAL OR MENTAL EXAMINATION.  (a) Authorizes
     the juvenile court to order a child alleged by petition to
     have engaged in delinquent conduct or conduct indicating a
     need for supervision to be examined by appropriate experts.
     
     (b) Requires an examination in order to determine whether a
       child is mentally retarded to include a determination of
       mental retardation and an interdisciplinary team
       recommendation under Chapter 593, Health and Safety Code,
       and to be conducted at a facility approved or operated by
       the Texas Department of Mental Health and Mental Retardation
       (TXMHMR) or at a community center established under Chapter
       534, Health and Safety Code.
       
       Sec. 55.02.  New heading: CHILD WITH MENTAL ILLNESS.  (a)
     Requires the court to initiate proceedings to order temporary
     or extended mental health services under Chapter 574C, Health
     and Safety Code, for a child alleged to have engaged in
     delinquent conduct or conduct indicating a need for
     supervision, if it is alleged, on motion by a party or the
     court, that the child is mentally ill, or if a child is found
     or alleged to be unfit to proceed as a result of mental
     illness under Section 55.04, or is found not responsible for
     the child's conduct as a result of mental illness under
     Section 55.05.  Makes conforming changes.
     
     (b) Provides that Title 7C, Health and Safety Code, governs
       proceedings for court-ordered mental health services, rather
       than temporary hospitalization.
       
       (c) Provides that a juvenile court order for mental health
       services of a child automatically expires on the 120th day
       after the date the child becomes 18 years of age.  Requires
       the administrator of a mental health facility to notify, in
       writing, the juvenile court that ordered mental health
       services of the intent to discharge the child.  Deletes text
       relating to an appeal from juvenile court proceedings. 
       Makes conforming changes.
       
       (d) and (e) Make conforming changes.
       
       Sec. 55.03.  New heading: CHILD WITH MENTAL RETARDATION.  (a)
     Requires the court, if a child is found or alleged to be unfit
     to proceed as a result of mental retardation under Section
     55.04 or is found not responsible for the child's conduct as
     a result of mental retardation under Section 55.05,  to order
     a determination of mental retardation and an interdisciplinary
     team recommendation.  Requires the court, if the results of
     the determination indicate subaverage general intellectual
     function existing concurrently with significantly related
     deficits in adaptive behavior, to initiate proceedings to
     order the commitment of the child to a residential care
     facility.  Makes conforming changes.
     
     (b) Authorizes a child to be committed to a residential care
       facility if the child meets certain requirements.
       
       (c) Provides that Title 7D, Health and Safety Code, governs
       proceedings for commitment of a child under this section. 
       Makes conforming changes.
       
       (d) Redesignates existing Subsection (c).  Requires the
       administrator of the residential care facility, if a
       juvenile court orders commitment to a residential care
       facility, to notify the juvenile court of the intent to
       discharge the child from the facility or to furlough the
       child to an alternative placement at least 20 days prior to
       the date of the discharge or furlough.  Makes conforming
       changes.
       
       (e) Redesignates existing Subsection (d).  Makes conforming
       changes.
       
       (f) Redesignates existing Subsection (e).  Authorizes a
       juvenile court, if the child committed to a facility is
       discharged or furloughed from the facility under Subsection
       (d) and Title 7D, Health and Safety Code, before reaching 18
       years of age, to take certain action.
       
       (g) Requires the juvenile court to transfer all pending
       proceedings from the juvenile court to a criminal court upon
       the child's 18th birthday if the child committed to a
       residential care facility is not discharged or furloughed
       from the facility before reaching 18 years of age.  Requires
       the juvenile court to send notification of the transfer to
       the residential care facility.  Requires the criminal court
       to institute proceedings under Article 46.02, Code of
       Criminal Procedure, within 90 days of the transfer.
       
       Sec. 55.04.  New heading: UNFITNESS TO PROCEED.  (a) Makes
     conforming changes.
     
     (b) Requires the court, if it is alleged on motion by a
       party or the court that a child may be unfit to proceed as
       a result of mental illness or mental retardation, rather
       than disease or defect, to order appropriate examinations
       under Section 55.01.  Requires the information obtained from
       the examinations to include expert opinion as to whether the
       child is unfit to proceed as a result of mental illness or
       mental retardation.
       
       (c)-(d) Make conforming changes.
       
       (e) Makes no change.
       
       (f) Requires the court, if the court or jury determines that
       the child is unfit to proceed as a result of mental illness
       or mental retardation, to initiate proceedings under
       Sections 55.02 or 55.03 of this chapter.
       
       (g) and (h) Make conforming and nonsubstantive changes.
       
       Sec. 55.05.  New heading: LACK OF RESPONSIBILITY FOR CONDUCT. 
     (a) Provides that a child alleged by petition to have engaged
     in delinquent conduct is not responsible for the conduct under
     certain conditions.  Makes conforming and nonsubstantive
     changes.
     
     (b) Requires the court, if on motion of a party or the court
       it is alleged that a child may not be responsible as a
       result of mental illness or mental retardation for the
       child's conduct, to order appropriate examinations under
       Section 55.01.  Requires the information obtained from the
       examinations to include expert opinion as to whether the
       child is not responsible for the child's conduct as a result
       of mental illness or mental retardation.  Makes conforming
       changes.
       
       (c) Makes a conforming change.
       
       (d) Requires lack of responsibility for conduct as a result
       of mental illness or mental retardation to be proved by a
       preponderance of the evidence.
       
       (e) Makes a conforming change.
       
       (f) Requires the court, if the court or jury finds that the
       child is not responsible for the child's conduct as a result
       of mental illness or mental retardation, to initiate
       proceedings under Section 55.02 or 55.03 of this chapter.
       
       (g) Prohibits a child found not responsible for the child's
       conduct as a result of mental illness or mental retardation
       from being subject to proceedings under this title with
       respect to such conduct, other than proceedings under
       Section 55.02 or 55.03 of this chapter.  Deletes existing
       Subsection (h) regarding a child declared not responsible
       for the child's conduct because of mental disease or defect.
SECTION 48.    Amends Section 56.01, Family Code, by amending
Subsections (c) and (i) and adding Subsections (k)-(m), as follows:

     (c) Authorizes a prosecuting attorney to take an appeal in
     certain instances.  Makes conforming changes.
     
     (i) Authorizes an appellate court to remand an order that it
     reverses or modifies for further proceedings by the juvenile
     court.
     
     (k) Requires the appellate court to dismiss an appeal on the
     state's motion by affidavit if the appellant has escaped from
     custody pending the appeal and has not voluntarily returned to
     the state's custody within 10 days of the date of escape. 
     Prohibits the court from dismissing an appeal or reinstating
     an appeal that has been dismissed on the filing of an
     affidavit showing that the appellant voluntarily returned to
     custody within 10 days of the date of escape.
     
     (l) Authorizes a court to order the child, child's parent, or
     other responsible party to pay the child's costs of appeal
     unless the court determines the person to be ordered to pay
     the costs is indigent.
     
     (m) Requires the court to consider the assets and income of
     the child and responsible persons for purposes of determining
     indigency.
     
SECTION 49.    Amends Section 57.001(3), Family Code, to redefine
"victim."

SECTION 50.    Amends Section 57.002, Family Code, to entitle a
victim, guardian, or relative to the right to be informed of
appellate proceedings; deferred prosecution and case appeal;
participation in the parole process; and any other right under
Article 56.02, Code of Criminal Procedure.

SECTION 51.    Amends Chapter 57, Family Code, by adding Section
57.008, as follows:

          Sec. 57.008.  COURT ORDER FOR PROTECTION FROM JUVENILES.  (a)
     Authorizes a court to issue a protective order against a child
     to protect a victim against further harm by the child.
     
     (b) Authorizes a court to prohibit the child from doing
       specified acts or require the child to do specified acts
       necessary to prevent further harm to the victim by the
       child.
       
       SECTION 52.  Amends Title 3, Family Code, by adding Chapters 58
and 59, as follows:

             CHAPTER 58.  RECORDS; CENTRAL DEPOSITORY

                      SUBCHAPTER A.  RECORDS
     
     Sec. 58.001.  COLLECTION OF RECORDS OF CHILDREN.  Requires law
     enforcement and juvenile justice personnel to collect
     information described by Section 58.102 as a part of the
     juvenile justice information system created under Subchapter
     B.  Provides that the information is available as provided by
     Subchapter B.
     
     Sec. 58.002.  PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN. 
     Authorizes the photographing and fingerprinting only of a
     child referred to the juvenile court for conduct that
     constitutes a felony or misdemeanor punishable by jail
     confinement.
     
     Sec. 58.003.  INVESTIGATION.  (a) Authorizes an officer, upon
     reasonable cause, to fingerprint a child without regard to age
     or nature of conduct for the purpose of an immediate
     comparison with a latent fingerprint found during the
     investigation of criminal conduct.  Requires that the
     fingerprint card and other copies to be destroyed immediately
     if the comparison is negative.  Requires the fingerprint card
     and other copies to be delivered to the court for disposition
     if comparison is positive.
     
     (b) Authorizes an officer to photograph the face of a child
       if the officer believes the photograph will assist in the
       investigation of conduct violating a penal law.  Requires
       destruction of photograph and negative if the child is not
       identified as a possible offender.  Requires delivery of the
       photograph and negative to the court if the child is
       identified. 
       
       (c) Requires the agency with custody of the fingerprint or
       photograph to proceed with destruction without judicial
       order.  Requires the juvenile court, on a motion or
       application, to order the destruction. 
       
       Sec. 58.004.  COMPILATION OF INFORMATION PERTAINING TO
     CRIMINAL COMBINATION.  (a)  Authorizes a local criminal
     justice agency to compile information into a local system for
     the purpose of investigating or prosecuting the criminal
     activities of a combination.
     
     (b)  Authorizes criminal information relating to a child
       associated with a combination to be locally compiled and
       released under this section regardless of the age of the
       child.
       
       (c)  Authorizes the information to be compiled in any useful
       manner.
       
       (d)  Defines "combination" and "local criminal justice
       agency."
     Sec. 58.005.  SEALING OF RECORDS.  (a) Requires the court to
     order the sealing of the records in a case if the court finds
     that certain conditions apply.
     
     (b) Authorizes a court to order the sealing of records
       concerning a person adjudicated as having engaged in
       delinquent conduct that violated a penal law of the felony
       grade, if certain conditions apply.
       
       (c) Prohibits a court from ordering the sealing of the
       records of a person adjudicated as having engaged in
       delinquent conduct that violated a penal law or habitual
       felony conduct.
       
       (d) Sets forth certain persons to whom reasonable notice of
       the hearing is to be given.
       
       (e) Requires the court to send a copy of the sealing order
       to each agency or official named in the order.
       
       (f) Sets forth required procedures on entry of the order. 
        
       (g) Authorizes inspection of the sealed records to be
       permitted by juvenile court order on the petition of the
       person who is the subject of the records and only by those
       persons named in an order.
       
       (h) Requires the child to be given a written explanation of
       the child's rights.
       
       (i) Provides that a person whose records have been sealed
       under this section is not required to disclose in any
       proceeding or application for employment, information, or
       licensing purposes nor can any statement be held against the
       person in any criminal or civil proceeding.
       
       (j) Authorizes a prosecuting attorney, on application to the
       juvenile court, to reopen files and records at any time.
       
       (k) Authorizes a court to order the destruction of records
       that have been sealed on the motion of a person in whose
       name records are kept or on the court's motion if the
       records relate to conduct that did not violate a felony-grade penal law, the person is at least 23 years of age, and
       the person has not been convicted of a felony.
       
       Sec. 58.006.  CONFIDENTIALITY OF RECORDS.  Authorizes the
     disclosure of information obtained for certain diagnosis,
     examination, evaluation, or treatment purposes to certain
     persons.
     
     Sec. 58.007.  PHYSICAL RECORDS OR FILES.  (a) Makes this
     section applicable only to the inspection and maintenance of
     a physical record or file concerning a child, and provides
     that this section does not affect the collections,
     dissemination, or maintenance of information under Subchapter
     B.  Provides that this section does not apply to a record or
     file relating to a child that is required or authorized to be
     maintained under the laws regulating the operation of motor
     vehicles in this state.
     
     (b) Limits to certain entities the inspection of the records
       and files of a juvenile court, a clerk of court, or a
       prosecuting attorney relating to a child who is a party to
       a proceeding under this chapter.
       
       (c) Requires law enforcement records and files concerning a
       child to be kept separate from adult files and records, and
       to be maintained on a local basis only and not sent to a
       central state or federal depository, except as provided by
       Subsection (d).
       
       (d) Authorizes the law enforcement files and records of a
       person transferred from TYC to the institutional division or
       the pardons and paroles division to be transferred to a
       central state or federal depository for adult records on or
       after the date of transfer.
       
       (e) Authorizes law enforcement records and files concerning
       a child to be inspected by a juvenile justice agency.
       
        SUBCHAPTER B.  JUVENILE JUSTICE INFORMATION SYSTEM

     Sec. 58.101.  DEFINITIONS.  Defines "criminal justice agency,"
     "department," "disposition," "incident number," "juvenile
     justice agency," "juvenile offender," "state identification
     number," and "uniform incident fingerprint card."
     
     Sec. 58.102.  JUVENILE JUSTICE INFORMATION SYSTEM.  (a) Makes
     DPS responsible for recording data and maintaining a database
     for a computerized juvenile justice information system to
     serve as the record creation point for the juvenile justice
     information system (information system) maintained by the
     state and as the control terminal for entry of records into
     the federal records system maintained by the Federal Bureau of
     Investigation.
     
     (b) Requires DPS to develop and maintain the information
       system in cooperation with TYC, TJPC, and the Criminal
       Justice Policy Council.
       
       (c) Prohibits DPS from collecting or retaining information
       relating to a juvenile if this chapter prohibits or
       restricts the collection or retention of the information.
       
       (d) Requires the database to contain the information
       required by this subchapter.
       
       (e) Requires DPS to designate the offense codes and the
       state identification number for each juvenile whose name
       appears in the juvenile justice system.
       
       Sec. 58.103.  PURPOSE OF SYSTEM.  Declares that the purpose of
     the information system is to provide certain agencies with
     accurate and accessible information, provide efficient
     conversion of juvenile records to adult records, improve the
     quality of data used to conduct certain impact analyses, and
     improve the ability of interested parties to analyze the
     functioning of the juvenile justice system.
     
     Sec. 58.104.  TYPES OF INFORMATION COLLECTED.  (a) Requires
     the information system to consist of information relating to
     delinquent conduct committed by a juvenile offender that, if
     the conduct had been committed by an adult, would constitute
     a criminal offense punishable by a fine only.
     
     (b) Requires DPS to include certain information for each
       juvenile offender taken into custody, detained, or referred
       under this title for delinquent conduct.
       
       (c) Authorizes DPS to designate codes relating to
       information under Subsection (b).
       
       (d) Requires DPS to designate a state identification number
       for each juvenile offender.
       
       (e) Provides that this subchapter does not apply to a
       disposition that represents an administrative status notice
       of an agency under Section 58.102(b).
       
       (f) Subjects to sealing under Section 58.004 the records
       maintained by DPS in the depository.  Requires DPS to
       maintain an index for the identification of persons whose
       records have been sealed under Section 58.004 and the court
       that has custody of those records.
       
       Sec. 58.105.  DUTIES OF JUVENILE BOARD.  Requires each
     juvenile board to make provisions relating to the compilation
     and maintenance of certain records and information, the
     transmittal of all records and information under this
     subchapter to DPS, and access by DPS to the records and
     information.
     
     Sec. 58.106.  CONFIDENTIALITY.  Makes confidential, except as
     provided by Subsection (b), the information contained in the
     information system, and prohibits its dissemination except
     under certain conditions.
     
     (b) Provides that Subsection (a) does not apply to a
       document maintained by a juvenile justice agency that is the
       source of information collected by DPS.
       
       Sec. 58.107.  COMPATIBILITY OF DATA.  (a) Requires data
     supplied to the information system to be compatible with the
     system and to contain both incident numbers and state
     identification numbers.
     
     (b) Requires information submitted under this chapter to
       contain the offender's name.
       
       Sec. 58.108.  DUTIES OF AGENCIES AND COURTS.  (a) Requires a
     juvenile justice agency and a clerk of a juvenile court to
     compile and maintain records needed for reporting data
     required by DPS, transmit to DPS data required by DPS, give
     DPS and its accredited agents access to the agency or court
     for a specific purpose, and cooperate with DPS to enable DPS
     to perform its duties under this chapter.
     
     (b) Requires a juvenile justice agency and clerk of a court
       to retain documents described by this section.
       
       (c) Prohibits an official of an agency or a court from
       intentionally concealing or destroying any record with
       intent to violate this section.
       
       Sec. 58.109.  UNIFORM INCIDENT FINGERPRINT CARD.  (a)
     Authorizes DPS to provide for the use of a uniform incident
     fingerprint card (card) in the maintenance of the information
     system.
     
     (b) Requires DPS to design, print, and distribute cards to
       each agency and juvenile intake agency.
       
       (c) Sets forth requirements for the cards.
       
       (d) Requires DPS to develop the capability to receive by
       electronic means from a agency the information, to appear in
       a certain form, on the card.
       
       Sec. 58.110.  REPORTING.  (a) Requires DPS, by rule, to
     develop reporting procedures that ensure that the juvenile
     offender processing data is reported from the time the
     offender is initially taken into custody, detained, or
     referred until the time the offender is released from the
     jurisdiction of the juvenile justice system.
     
     (b) Requires the agency that initiates the entry of an
       offender into the information system for a specific incident
       to prepare a card and initiate the reporting process for
       each incident reportable under this subchapter.
       
       (c) Requires the clerk of court exercising jurisdiction over
       a juvenile offender's case to report the disposition to DPS.
       
       (d) Authorizes the reporting agencies, in each county, to
       make alternative arrangements for reporting the required
       information, subject to certain approval.
       
       (e) Requires information required by this chapter to be
       reported to DPS promptly.  Sets forth dates by which the
       information is required to be reported.
       
       Sec. 58.111.  LOCAL DATA ADVISORY BOARDS.  Authorizes the
     commissioners court of each county to create a local data
     advisory board to perform the same duties relating to the
     information system as the duties performed by a local data
     advisory board in relation to the criminal history record
     system under Article 69.09, Code of Criminal Procedure.
     
     Sec. 58.112.  WARRANTS.  Requires DPS to maintain, in a
     computerized database that is accessible by the same entities
     that may access the information system, information relating
     to a warrant of arrest or a directive to apprehend under
     Section 52.015 for any child, without regard to whether the
     child has been taken into custody.
     
       CHAPTER 59.  PROGRESSIVE SANCTIONS GUIDELINES
       
       Sec. 59.01.  PURPOSES.  Establishes the purposes of the
     progressive sanctions guidelines as ensuring that juvenile
     offenders face uniform and consistent consequences and
     punishments conforming to relevant factors, balancing public
     protection and rehabilitation while holding offenders
     accountable, permitting flexibility in the decisions made as
     allowed by law, considering the offender's circumstances, and
     improving juvenile justice and planning and resource
     allocation though consistent reporting of disposition
     decisions.
     
     Sec. 59.02.  SANCTION LEVEL ONE.  Authorizes the juvenile
     court or the probation department to require counseling for
     the child, inform the child of the progressive sanctions,
     inform the parents or guardians of their responsibility to
     impose reasonable restrictions to prevent the conduct from
     recurring, provide information or other assistance in securing
     needed social services, require the child to participate in a
     program for services; refer the child to community-based
     citizen intervention program; and release the child to the
     parents or guardians.  Sets forth guidelines for discharge of
     the child from probation department custody.
     
     Sec. 59.03.  SANCTION LEVEL TWO.  Authorizes the juvenile
     court or probation department to place the child on court-ordered or informal probation, require the child to make
     restitution to the victim or perform community service
     restitution, require the parents or guardians to identify
     restrictions and requirements for the child, provide required
     information, and impose additional conditions of probation. 
     Sets forth guidelines for discharge of the child from juvenile
     court or probation department custody.
     
     Sec. 59.04.  SANCTION LEVEL THREE.  Authorizes the juvenile
     court to place the child on probation, require the child to
     make restitution, impose specific restrictions and
     requirements on the child, require a probation officer to
     monitor the child, require the child and the parents or
     guardians to participate in certain programs or services, and
     impose additional conditions of probation.  Sets forth
     guidelines for discharge of the child from juvenile court
     custody.
     
     Sec. 59.05.  SANCTION LEVEL FOUR.  Authorizes the juvenile
     court to require the child to participate in an intensive
     program, place the child on probation, impose highly
     structured restrictions and requirements, require a probation
     officer to monitor the child, require the child and the
     parents or guardians to participate in certain programs, and
     impose additional sanctions.  Sets forth guidelines for
     discharge of the child from juvenile court custody.
     
     Sec. 59.06.  SANCTION LEVEL FIVE.  Authorizes the juvenile
     court to require the child to participate in a highly
     structured residential program, place the child on probation,
     impose restrictions and regulations, require a probation
     officer to monitor the child, require the child and the
     parents or guardians to participate in certain programs, and
     impose additional sanctions.  Sets forth guidelines for
     discharge of the child from juvenile court custody.
     
     Sec. 59.07.  SANCTION LEVEL SIX.  Authorizes the juvenile
     court to commit the child to custody of TYC, require the child
     and the parents or guardians to participate in certain
     programs or services, and impose additional sanctions. 
     Requires TYC to impose restrictions and regulations on the
     child, require a parole officer to monitor the child, and
     impose any other parole conditions.  Sets forth guidelines for
     discharge of the child from TYC custody.
     
     Sec. 59.08.  SANCTION LEVEL ASSIGNMENT.  Sets forth guidelines
     for juvenile court and probation department assignment of a
     child to appropriate sanction levels.
     
     Sec. 59.09.  JUVENILE BOARD.  Authorizes a juvenile board to
     provide programs and services to implement progressive
     sanctions guidelines for sanction levels one through five. 
     Requires the juvenile board to report to TJPC on referrals,
     probation violations, commitments to TYC, reasons for
     assignments, and deviations from the guidelines.
     
     Sec. 59.10.  REPORTS BY TEXAS JUVENILE PROBATION COMMISSION,
     TEXAS YOUTH COMMISSION, AND CRIMINAL JUSTICE POLICY COUNCIL. 
     (a) Requires TYC to report at least quarterly on the actions
     under the progressive sanction guidelines.
     
     (b) Requires TJPC and TYC to compile the information under
       this section and Section 59.09 and submit a joint report at
       least annually to the governor, both legislative houses, and
       the Criminal Justice Policy Council (council).
       
       (c) Requires the council to analyze the information under
       Subsection (b) and submit the council's finding and
       recommendations at least annually to the governor and both
       legislative houses.
     SECTION 53.    Amends Chapter 264D, Family Code as follows:

           SUBCHAPTER D. SERVICES TO AT-RISK YOUTH
     
     Sec. 264.301.  New heading: SERVICES FOR AT-RISK YOUTH.  (a)
     Requires the Texas Department of Protective and Regulatory
     Services (DPRS) to operate a program to provide services for
     children including mentoring and advocacy training.
     
     Sec. 264.302.  EARLY YOUTH INTERVENTION SERVICES.  (a)  Sets
     forth the children to which this section applies.
     
     (b) Requires DPRS to operate a program under this section to
       provide services for children in at-risk situations and for
       the families of those children.
       
       (c) Prohibits DPRS to provide services under this section to
       a child who has at any time been referred to juvenile court
       for engaging in conduct that violates a penal law of this
       state of the grade felony other than a state jail felony.
       
       (d) Authorizes DPRS to provide services under this section
       to a child who engages in conduct for which the child may be
       found by a court to be an at-risk child, without regard to
       whether the conduct violates a penal law of this state of
       the grade of felony other than a state jail felony, if the
       child was younger than 10 years of age at the time the child
       engaged in the conduct.
       
       (e) Requires DPRS to provide services for a child and the
       child's family if the child is referred to the DPRS as an
       at-risk child by certain entities.
       
       (f)  Sets forth the authorized services under this section.
       
     Sec. 264.303.  COMMENCEMENT OF CIVIL ACTION FOR DETERMINATION
     OF AT-RISK CHILDREN.  (a)  Authorizes DPRS to file a civil
     action to request any district court or county court, other
     than a juvenile court, to determine that a child is an at-risk
     child.  Authorizes a person with whom DPRS contracts to
     provide services under Section 264.302 to file an action under
     this section if DPRS has approved the filing.
     
     (b)  Sets forth the persons to which notice of the action
       must be provided.
       
       (c)  Authorizes a person served with notice of the action to
       file a written answer.  Requires any action to be filed
       before the hearing on the action begins.
       
     Sec. 264.304.  HEARING; DETERMINATION OF AT-RISK CHILD.  (a) 
     Requires the court to set a date and time for the hearing not
     later than 30 days after the date the action is filed.
     
     (b)  Provides that the court is the trier of fact at the
       hearing.
       
       (c)  Requires the court to determine that the child is an
       at-risk child if the court finds that the child has engaged
       in certain conduct.
       
       (d)  Prohibits the court from determining that a child is an
       at-risk child if the court finds that the child has engaged
       in conduct violating the penal laws of this state of the
       grade of felony other than a state jail felony.
       
     Sec. 264.305.  COURT ORDER FOR SERVICES.  (a)  Authorizes the
     court to order the child, the child's parent, managing
     conservator, or guardian or any other member of the child's
     household to participate in services provided by DPRS under
     Section 264.302 and contained in a plan approved by the court.
     
     (b)  Authorizes the court to order an at-risk child to
       participate in services involving emergency short-term
       residential care only if the court finds that the child
       engaged in certain conduct.
       
       (c)  Provides that an order rendered by a court under this
       section expires not later than six months after the date the
       order was rendered.
       
     Sec. 264.306.  SANCTIONS.  (a)  Provides that a child who
     violates a court order engages in conduct indicating a need
     for supervision and DPRS shall refer the child to an
     appropriate juvenile authority for proceedings under Title 3
     for that conduct.
     
     (b)  Provides that a parent, managing conservator, guardian,
       or other member of the child's household who violates a
       court order is subject to contempt of court.  Authorizes the
       court to impose a community service requirement.
SECTION 54.    Amends Chapter 61C, Human Resources Code, by adding
Section 61.047, to require TYC to provide education in violence
prevention and conflict resolution.

SECTION 55.    Amends Section 61.077, Human Resources Code, as
follows:

     Sec. 61.077.  MENTALLY ILL OR RETARDED CHILD.  (a) Makes
     conforming changes.
     
     (b) Requires TYC to accept a mentally retarded child.
       
SECTION 56.    Amends Chapter 61E, Human Resources Code, by adding
Sections 61.0785 and 61.0786, as follows:

     Sec. 61.0785.  EARLY REFERRAL OF VIOLENT OR HABITUAL OFFENDERS
     FOR TRANSFER.  Authorizes TYC, after a child sentenced to TYC
     with a determinate sentence with possible transfer to certain
     divisions of TDCJ becomes 16 years of age but before becoming
     18 years of age, to refer the child to the juvenile court,
     which entered the order of commitment, for transfer approval
     to the institutional division of TDCJ if the child has not
     made sufficient progress or the child does not conform to
     TYC's requirements.
     
     Sec. 61.0786.  REFERRAL OF VIOLENT OR HABITUAL OFFENDER FOR
     PAROLE.  (a) Authorizes TYC, after a child sentenced with
     possible transfer to TDCJ completes two years of the sentence,
     to refer the child to the juvenile court, which entered the
     order of commitment, for transfer approval to the pardons and
     paroles division if the child is not older than 16 years and
     six months of age and will have completed the sentence before
     becoming 18 years of age.
     
     (b) Authorizes TYC to refer a child to the juvenile court
       for a subsequent transfer hearing under Section 54.11,
       Family Code, not earlier than a certain date.
       
       (c) Requires TYC to refer a child to the juvenile court for
       subsequent transfer hearing on a certain date.
       
       SECTION 57.  Amends Section 61.079, Human Resources Code, as
follows:

     Sec. 61.079.  New heading: REFERRAL OF VIOLENT OR HABITUAL
     OFFENDERS FOR TRANSFER.  (a) Requires TYC, not earlier than,
     rather than during, the sixth month before the month a
     committed person becomes 18 years old or later than the
     person's 19th birthday, to refer the person to the juvenile
     court for approval of transfer to the institutional division
     or pardons and paroles division if the person will not have
     completed the sentence before becoming 19, rather than 18,
     years of age.  Makes nonsubstantive changes.
     
     (b) Requires TYC cooperation on transfer, rather than
       release, of a person.
       
       SECTION 58.  Amends Section 61.081, Human Resources Code, by
amending Subsection (f) and adding Subsection (h), as follows:

     (f) Deletes the provision requiring juvenile court approval
     for release of a child under this subsection.
     
     (h) Prohibits TYC from releasing under supervision a person
     who is at least 18 years of age.
     
     SECTION 59.    Amends Chapter 61F, Human Resources Code, by adding
Section 61.0812, as follows:

     Sec. 61.0812.  TREATMENT FOR SUBSTANCE ABUSE.  Prohibits TYC
     from releasing a child under supervision or paroling a child
     if the child has a substance abuse problem and has not
     completed a treatment program for the problem.
     
SECTION 60.    Amends Section 61.084, Human Resources Code, as
follows:

     (a)-(d) Make conforming changes.
     
     (e) Authorizes TYC to transfer a person committed to TYC
     without a determinate sentence and at least 17 years of age to
     the custody of the pardons and paroles division, with certain
     exceptions.
     
SECTION 61.    Amends Chapter 61G, Human Resources Code, by adding
Section 61.0911, as follows:

     Sec. 61.0911.  COORDINATED STRATEGIC PLAN.  Requires TYC
     biennially to develop with TJPC a coordinated strategic plan
     under Section 141.0471.
     
     SECTION 62.    Amends Chapter 61, Human Resources Code, by adding
Subchapter H, as follows:

              SUBCHAPTER H. YOUTH BOOT CAMP PROGRAMS

     Sec. 61.101.  YOUTH BOOT CAMP PROGRAMS.  (a)  Authorizes TYC
     to establish a youth boot camp (camp) program to which
     children may be committed as a condition of probation and may
     employ necessary personnel to operate the youth boot camps.
     
     (b)  Authorizes TYC, in conjunction with TJPC, to develop a
       program of correctional training and activities in which a
       child committed to a camp as an intermediate sanction under
       Section 54.12(a)(1), Family Code, is required to
       participate, and TYC shall conduct programs in order to
       educate the child as to the conditions under which children
       committed to TYC and to the institutional division live.
       
       (1)  Sets forth the conditions in which TYC may refuse to
         accept a child to be placed in an intermediate sanction
         facility.
         
         (2)  Requires the commission to consider the extent the
         county from which the child is to be placed has exceeded
         targeted levels for annual commitments to the TYC without
         relying on placement in an intermediate care facility in
         determining whether space is available.
         
         (3)  Authorizes TYC, upon making certain determinations,
         to return to the juvenile court a child on probation in an
         intermediate facility at any time.
         
         (4)  Provides that the placement of a child in an
         intermediate sanction facility is not a commitment to the
         commission, and the child may not be transferred by TYC,
         or be a resident of, any other type of TYC facility other
         than a medical facility.
         
       (c)  Requires TYC, in consultation with TJPC, to develop
       guidelines for a program of physical and correctional
       training and military-style discipline for children
       committed to camps to be operated by local probation
       departments for violating the conditions of parole as
       determined under Section 61.084 of this code under Section
       54.12(a)(2), Family Code.
       
       (d)  Requires TYC to develop a program of physical and
       correctional training and military-style discipline for
       children committed to camp facilities under Section
       54.12(a)(3), Family Code.
       
       (e)  Requires TYC to adopt rules of conduct for children
       participating in the program under this section.
       
     Sec. 61.102.  CONTRACTS WITH PRIVATE VENDORS.  Authorizes TYC
     to contract with a private vendor for the financing,
     construction, operation, maintenance, or management of a camp. 
     Prohibits TYC from awarding a contract under this section
     unless TYC requests proposals and receives a proposal that
     meets or exceeds, in addition to requirements specified in the
     request for proposals, the requirements specified in Section
     61.103.
     
     Sec. 61.103.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
     PRIVATE VENDORS.  (a)  Requires any contract entered into by
     TYC with a private vendor for any aspect of a camp to comply
     with certain requirements.
     
     (b)  Prohibits a private vendor operating under a contract
       authorized by this subchapter from claiming sovereign
       immunity in a suit arising from the services performed under
       the contract by the private vendor.  Provides that this
       subsection does not deprive the private vendor or TYC of any
       law limiting exposure to liability, setting a limit on
       damages, or establishing a defense to liability.
       
SECTION 63.    Amends Chapter 61, Human Resources Code, by adding
Subchapter I, as follows:

              SUBCHAPTER I.  INDUSTRIES PROGRAM
     
     Sec. 61.121.  PURPOSE; IMPLEMENTATION.  Sets forth the purpose
     of the TYC industries program. 
     
     Sec. 61.122.  ADVISORY COMMITTEE.  (a)  Creates the commission
     industries advisory committee.  Sets forth the membership of
     the committee.
     
     (b)  Sets forth the terms of the committee members.
       
       (c)  Requires TYC to endeavor to include representatives of
       industries appropriate for hiring children committed to TYC.
       
     Sec. 61.123.  PAY AND DISTRIBUTION OF PAY.  Requires TYC to
     apportion wages earned by a child working under the industries
     program in amounts determined at the discretion of TYC in a
     specified priority.
     
     Sec. 61.124.   INDUSTRIES FUND.  (a)  Creates a TYC industries
     program fund in the state treasury.
     
     (b)  Requires proceeds from the operation of the program to
       be deposited in the fund.
       
       (c)  Authorizes money from the fund to only be appropriated
       for use by TYC for the administration of this subchapter.
       
       (d)  Provides that Sections 403.094 and 403.095, Government
       Code, do not apply to the fund.
       
     Sec. 61.125.  CONTRACTS.  Authorizes TYC to enter into
     necessary contracts related to the program.
     
     Sec. 61.126.  DONATIONS.  Authorizes the program to be
     financed through contributions donated for this purpose by
     private businesses contracting with TYC.
     
     Sec. 61.127.  GRANTS.  (a)  Authorizes the industries office
     to accept a grant of the vocational rehabilitation of
     children.
     
     (b)  Requires TYC to maintain a record of the receipt and
       disbursement of a grant and to annually report to the
       lieutenant governor and the speaker of the house of
       representatives on the administration of grant funds.
       
     Sec. 61.128.  LEASE OF LAND. Authorizes TYC to lease land to
     a private business to expand and develop the industries
     program.  Sets forth the guidelines of a lease.
     
     Sec. 61.129.  CERTIFICATION FOR FRANCHISE CREDIT.  Requires
     TYC to prepare and issue a certification that a corporation
     requires for the franchise tax credit for wages paid as
     provided by Chapter 171M, Tax Code.
     
     Sec. 61.130.  OPTIONAL AD VALOREM TAX ABATEMENT.  (a) 
     Authorizes a business contracting with the industries office
     to enter into an ad valorem tax abatement agreement under
     Chapters 312B and 312C, Tax Code, with the governing body of
     the municipality and county in which the business is located.
     
     (b) Sets forth the parameters of the reinvestment zone under
       this chapter.
       
SECTION 64.    Amends Chapter 141C, Human Resources Code, by adding
Section 141.0431, as follows:

     Sec. 141.0431.  VIOLENCE PREVENTION AND CONFLICT RESOLUTION
     TRAINING.  Requires TJPC to provide training to juvenile
     probation departments and juvenile boards in violence
     prevention and conflict resolution programs, and encourage the
     inclusion of such a program as a condition of probation.
     
     SECTION 65.    Amends Chapter 141C, Human Resources Code, by adding
Sections 141.0432-141.0434, as follows:

     Sec. 141.0432.  YOUTH BOOT CAMP PROGRAMS.  (a)  Requires TYC
     to work with local juvenile boards and local juvenile
     probation departments to establish policies and guidelines for
     camp programs for children.
     
     (b)  Authorizes TYC, local juvenile boards, and local
       juvenile probation departments to work together to develop
       a program of physical and correctional training and
       military-style discipline for children committed to camp for
       violating the conditions of probation as determined under
       Section 54.04(d)(1), Family Code, under Section 54.12(a)(2),
       Family Code.
       
       (c)  Requires TYC, local juvenile boards, and local juvenile
       probation departments to adopt rules of conduct for children
       participating in the program under this section.
       
       (d)  Authorizes local juvenile boards and local juvenile
       probation departments to enter into agreements with each
       other to jointly establish regional camps.
       
       (e)  Authorizes local juvenile probation departments to
       contract with TYC to provide services to persons who violate
       conditions of parole as determined under Section 61.075.
       
     Sec. 141.0433.  CONTRACTS WITH PRIVATE VENDORS.  Authorizes
     TYC to contract with a private vendor for the financing,
     construction, operation, maintenance, or management of a camp. 
     Prohibits TYC from awarding a contract under this subsection
     unless TYC requests proposals and receives a proposal that
     meets or exceeds, in addition to requirements specified in the
     requirements specified in Section 141.0434.
     
     Sec. 141.0434.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
     PRIVATE VENDORS.  (a)  Requires any contract entered into by
     TYC with a private vendor for any aspect of a camp to comply
     with certain requirements.
     
     (b)  Prohibits a private vendor operating under a contract
       authorized by this subchapter from claiming sovereign
       immunity in a suit arising from the services performed under
       the contract by the private vendor.  Provides that this
       subsection does not deprive the private vendor or TYC of the
       benefit of any law limiting exposure to liability, setting
       a limit on damages, or establishing a defense to liability.
SECTION 66.    Amends Chapter 141C, Human Resources Code, by adding
Section 141.0471, as follows:

     Sec. 141.0471.  COORDINATED STRATEGIC PLAN FOR JUVENILE
     JUSTICE SYSTEM.  Requires TJPC and TYC to develop biennially
     a coordinated strategic plan to guide the plans developed by
     each agency.  Sets forth requirements for the plan. 
     Authorizes each agency, by rule, to adopt the plan by a
     certain date.
     
     SECTION 67.    Amends Section 141.042, Human Resources Code, as
follows:

     Sec. 141.042.  New heading: RULES GOVERNING JUVENILE BOARDS,
     PROBATION DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND
     FACILITIES.  (a) and (b) Make a conforming change.
     
     (c) Requires TJPC, at least annually, to determine whether
       each juvenile detention facility complies with TJPC's
       minimum standards.
     (d) Requires TJPC to develop for voluntary use by juvenile
       probation departments a standard tool for initially
       assessing children under the jurisdiction of probation
       departments.  Requires the tool to facilitate assessment of
       a child's mental health, family background, and level of
       education, and assist juvenile probation departments in
       determining when a child under their jurisdiction needs
       comprehensive evaluation.
       
       (e) Requires TJPC to monitor compliance with certain
       alternative referral programs.
       
       SECTION 68.  Amends Section 141.085(a), Human Resources Code, by
requiring TJPC to refuse, reduce, or suspend payment of state aid
to a county that fails to comply with the minimum standards for
juvenile detention and other locally operated detention facilities
under Section 141.042.

SECTION 69.    Amends Chapter 141E, Human Resources Code, by adding
Section 141.086, as follows:

     Sec. 141.086.  FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
     FACILITIES.  (a) Authorizes TJPC to provide state aid to a
     county to acquire, construct, and equip post-adjudication
     residential or day-treatment centers from money appropriated
     for those purposes.  Authorizes the facilities to be used for
     children who are placed on probation by a juvenile court under
     Section 54.04, Family Code, as an alternative to commitment to
     the facilities of the TJPC.
     
     (b) Requires state funds provided to counties under
       Subsection (a) to be matched by local funds equal to at
       least one-fourth of the state funds.
       
       (c) Requires the TJPC to contract with TDCJ for construction
       management services.
       
       (d)  Requires TDCJ to issue a comprehensive report that
       states in detail the proposed cost of the project on
       completion of the review of project plans and
       specifications.  Sets forth the required use of the report.
       
       (e) Prohibits the TJPC from awarding money for a capital
       construction project for a facility under this section
       unless certain criteria are met. Requires TJPC to receive
       from each county a written commitment that the county will
       agree with the other counties to an interlocal contract to
       operate the facility in accordance with the conditions of
       award.
       
       (f) Requires a county receiving aid under this section to
       adhere to commission standards for construction and
       operation of a post-adjudication secure residential
       facility.
       
       (g) Sets forth the amounts which may be appropriated for a
       facility constructed under this section.
       
       (h) Provides that it is the intent of the legislature to
       appropriate the full amount of money authorized under
       Subsection (g)(2).
       
       (i) Requires a facility constructed under this section to be
       operated entirely by the county using the facility.
       
       (j) Requires TJPC to conduct an annual audit of the
       operating costs for a fiscal a fiscal year of a facility
       constructed under this section for each fiscal year through
       fiscal year 1999.  Requires TJPC to submit a report on the
       results of the audit to the LBB and the governor later than
       the 60th day after the last day of the fiscal year covered
       by the audit.
       
       (k) Defines "operating costs."
SECTION 70.    Amends Section 152.0007, Human Resources Code, as
follows:

     (a) Created from existing text.
     
     (b) Requires the juvenile board to consult with the advisory
     council before exercising a duty under this section.
     
     (c) Requires the juvenile board to establish guidelines for
     the initial assessment of a child by the juvenile probation
     department.  Sets forth requirements for the guidelines.
     
     SECTION 71.    Amends Section 152.0010, Human Resources Code, by
amending Subsection (a) and adding Subsection (d), as follows:

     (a) Sets forth the composition of the advisory councils
     appointed by each juvenile board.
     
     (d) Prohibits a prosecuting attorney appointed to a juvenile
     board under Subchapter D from serving on the advisory council.
     
SECTION 72.    Amends Chapter 152A, Human Resources Code, by adding
Section 152.0011, as follows:

     Sec. 152.0011.  LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH PRIVATE
     VENDORS.  (a)-(b)  Make conforming changes.
     
     (c) Requires a camp to offer a program that complies with
       the requirements of the camps set forth in Section 141.0432.
       
       (d) Requires the board to terminate the child's
       participation in the program and request the sentencing
       court to reassume custody of the child if a juvenile board
       or its designee determines that a child is not complying
       with the rules of conduct promulgated by the TJPC or is
       medically or psychologically unsuitable for the program.
SECTION 73.    Amends Chapter 152B, Human Resources Code, by adding
Section 152.00325, as follows:

     Sec. 152.00325.  PROSECUTING ATTORNEY MEMBER OF JUVENILE
     BOARD.  (a) Requires the members of each juvenile board to
     appoint to the board a prosecuting attorney for the county the
     juvenile board serves.
     
     (b) Requires the prosecuting attorney, if a county served by
       the board has only one prosecuting attorney, to serve on the
       board.  Requires the members of the board, if the county
       served has more than one prosecuting attorney, to select an
       attorney to serve a two-year term that expires January 31 of
       each even-numbered year.
       
       (c) Requires the members of the board, if the board serves
       more than one county, to appoint to the board a prosecuting
       attorney from each county.
       
       (d) Exempts a prosecuting attorney serving on the board from
       entitlement to compensation for service on the board except
       as permitted by this subsection.  Authorizes the
       commissioners court to reasonably compensate the prosecuting
       attorney for additional duties relating to service on the
       board in any amount not to exceed the compensation paid to
       any other member of the board for service on the board.
SECTION 74.    Amends Section 8.07, Penal Code, to prohibit a
person from being prosecuted for or convicted of any offense
committed before the person reached 17 years of age unless the
juvenile court waives or has previously waived jurisdiction and
certifies the individual for criminal prosecution.  Provides that
no person may be punished by death for an offense committed while
the person was younger than 16 years.  Deletes existing
Subdivisions (b)(1)-(5) and Subsection (c).

     SECTION 75.    Amends Section 12.42, Penal Code, by adding
Subsection (f), to set forth what constitutes a final felony
conviction.
     
SECTION 76.    Amends Chapter 4, Code of Criminal Procedure, by
adding Article 4.18, as follows:

     Art. 4.18.  TRANSFER OF JURISDICTION FROM JUVENILE COURT

     (a) Requires a claim against a district court's or criminal
     district court's jurisdiction over a person transferred to it
     by a juvenile court because jurisdiction is exclusively in the
     juvenile court and the juvenile court could not waive
     jurisdiction to be made by written motion in bar of
     prosecution filed with the court in which the criminal charges
     are filed.
     
     (b) Requires the motion to be filed and presented to the
     presiding judge of the court under certain conditions.
     
     (c) Requires the presiding judge to conduct a hearing without
     a jury and rule on the motion, unless the motion is not
     contested.  Provides that the party making the motion has the
     burden of establishing by a preponderance of the evidence
     those facts necessary for the motion to prevail.
     
     (d) Prohibits a person from contesting the jurisdiction of the
     court on the ground that the juvenile court has exclusive
     jurisdiction if the person does not file a motion within the
     time requirements of this article or the presiding judge finds
     under Subsection (c) that a motion made under this article
     does not prevail.
     
     (e) Authorizes an appellate court to review a trial court's
     determination under this article only after a conviction in
     the trial court.
     
     (f) Requires a court that finds that it lacks jurisdiction
     over a case because exclusive jurisdiction is in the juvenile
     court to transfer the case to the juvenile court under Section
     51.08, Family Code.
     
     SECTION 77.    Amends Section 3(a), Article 37.07, Code of Criminal
Procedure, to authorize evidence to be offered based on a violation
of a felony or misdemeanor punishable by confinement in jail. 
Deletes Subdivisions (1) and (2).

SECTION 78.    Amends Chapter 217, Labor Code, as follows:

              CHAPTER 217. JUVENILE OFFENDER PROGRAM

     Sec. 217.001. DEFINITIONS.  Defines "department" and
     "institutional division."  Deletes existing Subdivision (3).
     
     Sec. 217.002. New heading: JUVENILE OFFENDER PROGRAM. 
     Provides that the juvenile offender program, rather than
     project for reintegration of offenders, is a statewide
     employment referral program designed to reintegrate into the
     labor force persons formerly confined in the institutional
     divisions and persons committed to the TYC.
     
     Sec. 217.003.  ADMINISTRATION.  Makes conforming changes.
     
     Sec. 217.004.  MEMORANDUM OF UNDERSTANDING--ADOPTION.  Makes
     conforming and nonsubstantive changes.
     
     Sec. 217.005.  MEMORANDUM OF UNDERSTANDING--CONTENTS.  (a)-(b) 
     Make conforming changes.
     
     (c)  Requires the memorandum of understanding between TYC
       and TJPC to establish the roles of the institutional and
       community services division in the TYC and the role of the
       TJPC in the same manner the roles of the TDCJ and TJPC are
       established under Subsections (a) and (b).
       
       Sec. 217.006.  New heading: PROGRAM DIRECTOR.  Makes
     conforming changes.
SECTION 79.    Amends Section 20, Article 42.18, Code of Criminal
Procedure, to provide that the provisions of this article not in
conflict with Section 29 of this article apply to parole of a
person from TYC under that section.  Makes conforming changes.

SECTION 80.    Amends Article 42.18, Code of Criminal Procedure, by
adding Section 29, as follows:

     Sec. 29.  TRANSFER PAROLE.  (a) Requires TYC to submit to the
     board of pardons and paroles all required information relating
     to the person no later than the 90th day before the date TYC
     transfers a person to the custody of the pardons and paroles
     division. 
     (b) Requires a parole panel to review the person's records
       and authorizes the panel to interview the person before the
       person's release on parole.  Authorizes a panel to impose
       reasonable conditions of parole on the person that the panel
       may impose on an adult prisoner.
       
       (c) Requires the panel to furnish the person with a contract
       describing the conditions and rules of parole and requires
       the person to accept and sign the contract as a precondition
       to release on parole.
       
       (d) Requires the person, while on parole, to comply with the
       conditions of parole ordered by a panel under this section.
       
       (e) Provides that the period of parole for a person released
       on parole is the maximum term for which the person was
       sentenced less calendar time actually served at TYC.
       
       (f) Authorizes the panel to require the person to serve the
       remaining portion of the person's sentence in the
       institutional division, if a parole panel revokes the
       person's parole.  Prohibits the panel from recommitting the
       person to TYC.
       
       (g) Prohibits a parole panel, if it revokes parole of a
       person transferred to the pardons and paroles division, from
       requiring the person to serve the remaining portion of the
       sentence in the institutional division.  Requires the panel
       to recommit the person to TYC.
       
       (h) Requires the remaining portion of the sentence to be
       calculated without credit for the time from release to
       revocation.
       
       (i) Prohibits a panel from assessing a parole supervision
       fee on a person transferred to the pardons and paroles
       division under Section 54.11(k), Family Code.
       
       (j) Deems a person released from TYC on parole under this
       section to have been convicted of the offense for which the
       person has been adjudicated.
       
       (k) Requires TYC to provide to parole officers instruction
       relating to TYC's juvenile programs.  Requires TYC and the
       pardons and paroles division to enter into a memorandum of
       understanding relating to the administration of this
       subsection.
       
     SECTION 81.    Amends Chapter 44, Code of Criminal Procedure, by
adding Article 44.47, as follows:

     Art. 44.47.  APPEAL OF TRANSFER FROM JUVENILE COURT.  (a)
     Authorizes a defendant to appeal a juvenile court order
     certifying the defendant to stand trial as an adult and
     transferring the defendant to a criminal court.
     
     (b) Authorizes a defendant to appeal a transfer under
       Subsection (a) only in conjunction with the appeal of a
       conviction of the offense for which the defendant was
       transferred to criminal court.
       
       (c) Makes an appeal under this section a criminal matter
       governed by this code and the Texas Rules of Appellate
       Procedure applying to a criminal case.
       
SECTION 82.    Amends Section 2, Article 46.06, Code of Criminal
Procedure, by adding Subsection (c), to require the court within 90
days of the transfer of a pending juvenile proceeding under Section
55.02(f) or 55.03(g), Family Code, to institute new proceedings
under this chapter.

SECTION 83.    Amends Sections 21.3011(a)-(c) and (g), Education
Code, to redefine "expulsion" and require the board or its designee
to deliver to the officer of the juvenile court by the second
working day after the date of an expulsion hearing a copy of the
order and any other information required.  Makes conforming
changes.

SECTION 84.    Amends Section 21.002, Government Code, by amending
Subsection (a) and adding Subsection (h), as follows:

     (a) Makes a conforming change. 
     
     (h) Prohibits a justice or municipal court from punishing by
     contempt a person who engages in conduct that violates a court
     order if the conduct of the person is delinquent conduct. 
     Requires the justice or municipal court to refer the person to
     the juvenile court for engaging in the delinquent conduct.
     
     SECTION 85.    Amends Section 413.009, Government Code, to
authorize the council to perform any function under Subsection (a)
to promote an effective and cohesive juvenile justice system, and
to annually review the effectiveness of TYC programs to
rehabilitate and reestablish in society children committed to TYC.

SECTION 86.    Amends Chapter 413, Government Code, by adding
Section 413.022, as follows:

     Sec. 413.022.  EVALUATION OF THE YOUTH BOOT CAMP PROGRAMS. 
     (a)  Requires the policy council to evaluate annually the
     effectiveness of the youth boot camp programs.
     
     (b)  Requires the policy council to prepare and file a
       report with the presiding officers of both houses of the
       legislature, TJPC, TYC, and the attorney general containing
       the council's findings and recommendations under Subsection
       (a).
       
SECTION 87.    Amends Section 659.062(a), Government Code, to make
a conforming change.

SECTION 88.    (a) Amends Chapter 659E, Government Code, to conform
to Section 1, Chapter 85, Acts of the 73rd Legislature, Regular
Session, 1993, by adding Section 659.063, as follows:

            Sec. 659.063.  HAZARDOUS DUTY PAY: TEXAS YOUTH COMMISSION
       EMPLOYEES.  (a)  Authorizes the employee of the TYC who has
       routine direct contact with youth placed in a residential
       facility of the TYC or with youth released under the
       commission's supervision to receive hazardous duty pay in an
       amount that does not exceed the amount authorized by Section
       659.062(a).
     (b)  Sets forth the parameters of hazardous duty pay.
         
         (c)  Provides that the receipt of a payment under this
         section by an employee does not qualify the employee for
         retirement benefits from the law enforcement and custodial
         officer supplemental retirement fund.
     (b) Repealer: Section 1, Chapter 85, Acts of the 73rd
     Legislature, Regular Session, 1993.
     
SECTION 89.    Amends Chapter 341Z, Local Government Code, by
adding Section 341.904, as follows:

     Sec. 341.904.  JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
     MUNICIPALITY.  Authorizes the governing body of a general-law
     municipality to adopt a curfew ordinance to regulate the
     movements or actions of persons under 17 years of age.  Sets
     forth duties of authority.
     
     SECTION 90.    Amends Chapter 351Z, Local Government Code, by
adding Section 351.903, as follows:

     Sec. 351.903.  JUVENILE CURFEW ORDER IN A COUNTY.  Authorizes
     a commissioners court of a county by order to adopt a curfew
     applying to the unincorporated area of the county to regulate
     the movements or actions of persons under 17 years of age. 
     Makes conforming changes.
     
     SECTION 91.    Amends Chapter 171, Tax Code, by adding Subchapter
M, as follows:

        SUBCHAPTER M. TAX CREDIT FOR WAGES PAID TO CERTAIN
           CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION

     Sec. 171.681.  DEFINITIONS. Defines "commission" and "eligible
     child."
     
     Sec. 171.682.  CREDIT.  Provides that a corporation that meets
     the eligibility requirements under this subchapter is entitled
     to a credit in the amount allowed by this subchapter against
     the tax imposed under this chapter.
     
     Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.  Sets
     forth the amount of credit for wages paid by a corporation to
     an eligible child.
     
     Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
     ELIGIBLE CHILD.  Sets forth the amount of credit for wages
     paid by a corporation to an employee who was first employed by
     the corporation when the employee was an eligible child.
     
     Sec. 171.685.  LIMITATION.  Prohibits the total credits
     claimed under this subchapter for a privilege period from
     exceeding 50 percent of the amount of net franchise tax due
     for the privilege period after any other applicable tax
     credits.
     
     Sec. 171.686.  APPLICATION FOR CREDIT.  (a) Requires a
     corporation to apply for a credit under this subchapter on or
     with the tax report for the period for which the credit is
     claimed.
     
     (b)  Requires the comptroller to promulgate a form for the
       application for the credit.  Requires a corporation to use
       this form in applying for the credit.
       
     Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED. 
     Authorizes a corporation to claim a credit under this
     subchapter for wages paid during an accounting period only
     against the tax owed for the corresponding privilege period.
     
SECTION 92.    Amends Article 4413(503), V.T.C.S., by adding
Section 16, as follows: 

     Sec. 16.  COMMUNITY YOUTH DEVELOPMENT GRANTS.  Requires the
     DPRS to award community youth development grants to identify
     communities by incidence of crime.  Provides that these grants
     are for the purpose of assisting communities in alleviating
     family and community conditions that lead to juvenile crime. 
     Requires DPRS to give priority in awarding grants under this
     section to areas of the state in which there is a high
     incidence of crime committed by children.
SECTION 93.    (a)  Repealer:  Sections 51.14, 51.15, 51.16, and
53.045(e), Family Code (Files and Records; Fingerprints and
Photographs; Sealing of Files and Records; Referral to Grand Jury).

     (b) Repealer: Section 264.204, Family Code, as added by H.B.
     655, Acts of the 74th Legislature, Regular Session, 1995 (
SECTION 94.    Requires a juvenile board, not later than January
31, 1996, to replace advisory council members whose terms expire on
January 31, 1996, with new members in accordance with Section
152.0010, Human Resources Code.

SECTION 95.    Requires TYC and the pardons and paroles division,
not later than April 31, 1996, to enter into a memorandum of
understanding in accordance with Section 29(k), Article 42.18, Code
of Criminal Procedure.

SECTION 96.    Authorizes a corporation to claim the credit under
Chapter 171M, Tax Code, only for any wages paid or incurred on or
after the effective date of this Act and only on a franchise tax
report due under Chapter 171, Tax Code, on or after January 1,
1996.

SECTION 97.    (a) Requires TJPC to promulgate rules to ensure that
certain funds not be used by local juvenile probation departments
to supplant local contributions for juvenile justice and
corrections programs.

     (b) Requires TJPC to review the financial records of juvenile
     probation departments for evidence of supplantation and, on a
     finding of supplantation, to reduce the next scheduled grant
     to the department by the amount supplanted.
     
     (c) Provides that supplantation includes a finding by TJPC
     that a juvenile probation department's per employee average
     compensation and benefit package has increased without a
     corresponding increase in total local funding.
     
     (d)  Provides that a juvenile board is eligible to receive
     basic and diversion services funding only if the board
     demonstrates to the satisfaction of the TJPC that the amount
     of local or county money budgeted for juvenile services for
     the county fiscal year, excluding construction and capital
     outlay expenses, equals or is greater than the amount spent
     for those services in the 1994 county fiscal year.
     
     SECTION 98.    Makes application of Title 3, Family Code,
prospective.

SECTION 99.    (a) Effective date: January 1, 1996.

     (b)-(d) Make application of this Act prospective.
     
     (e)  Makes application of Section 54.02, Family Code, of this
     Act prospective.
          
SECTION 100.   Provides that a designation by a municipality of a
juvenile curfew processing office for the detention of a person who
is alleged to have violated a curfew ordinance made before the
effective date of this Act validated if the processing office
otherwise meets the requirements of Section 52.028, Family Code, as
added by this Act.

SECTION 101.   Emergency clause.