74(R) HB 327 Senate Committee Report

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.

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.

(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.

(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.

(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.

(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:

(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.

(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:

(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.

(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.

(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.

(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.

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.

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.

(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.

(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.

(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.