BILL ANALYSIS



C.S.H.B. 3161
By: Davis
05-08-95
Committee Report (Substituted)


BACKGROUND

Judge Thomas Jones, Precinct 7 (Dallas), initiated in his court an
aggressive approach to truancy reduction and prevention. 
Approximately 15-30 cases are seen in court weekly.  The parents
and children appear in court and plead their cases before the
bench.  This model was tested during the past school year with some
reduction of truancy rates and an increase in test scores.  School
absences are reviewed, families are counseled, and possible family
problems are identified.  Families are offered community service in
lieu of cash recoupment.  These family intervention services
benefit the truant, as well as other family members.

PURPOSE

As proposed, C.S.H.B. 3161 will institute a teen court program
which will combat teen truancy at the early stages, provide family
counseling, and aid in combatting future delinquency.  It will also
introduce teenagers to the legal system, through active
participation in the teen court program.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 54.021(d), Family Code, to include in
existing provisions a provision for the child, the child's parents,
managing conservator, or guardian to attend counseling sessions.

SECTION 2.  Amends Chapter 54, Family Code, by adding Section
54.022 as follows:

     Sec. 54.022.  DEFERRAL OF PROSECUTION AND DISMISSAL OF CERTAIN
CASES
     ON COMPLETION OF TEEN COURT PILOT PROGRAM.  Institutes a teen
court      program for municipalities with populations of 465,000
or more.  Establishes procedures   for a teen court program. 
Participants in teen court will include a justice court     judge,
a peer group coordinator,prosecuting and defense attorney's,
bailiff, clerk, and      jury of peers all of which will be chosen
by the peer group coordinator.  The court    may require the child
who requests teen court to pay a fee not to exceed $20 to   help
cover the cost of administering this program.  Provides that this
section expires 
     September 1, 1999.

SECTION 3. This act continues in effect after January 1, 1996.  The
Texas Juvenile Probation Commission shall provide grants upon
request for a total of 100,000 each year of the fiscal biennium
from the funds appropriated to the commission.

SECTION 4.  Effective date:  September 1, 1995.

SECTION 5.  Emergency clause



COMPARISON OF ORIGINAL TO SUBSTITUTE

The original bill provided for the establishment of a state-wide
teen court program.  The substitute establishes teen court as a
pilot program in municipalities with populations of 465,000 or
more, as well as adding a provision for counselling sessions for
the truant child, parent, guardian, or conservator.  The substitute
also establishes the Texas juvenile Probation Commission as the
rulemaking authority and mandates that the commission provide
grants upon request in the amount of $100,000 to help fund the
program.  The substitute also adds a provision for the court to be
able to assess a fee not to exceed $20 to the child making the
request for teen court proceedings.

SUMMARY OF COMMITTEE ACTION

H.B. 3161 was considered in a public hearing on May 3, 1995.

The following persons testified in favor of the bill:
     Robby Collins, representing Texas School Alliance and Dallas
I.S.D.;
     Deborah A. Wilson, representing Teen Court, Precinct 7, Dallas
County;
     Weselene Wiley, representing herself;
     Jesse Lowery, representing Teen Court, Precinct 7, Dallas
County;
     Moniece Shead, representing Teen Court, Precinct 7, Dallas
County;
     Charles Ray King, Jr., representing Teen Court, Precinct 7,
Dallas County;
     Pam Campos, representing Teen Court, Precinct 7, Dallas
County.

The bill was left pending in committee.

In a formal meeting on May 6, 1995, the committee considered a
complete substitute for the bill.  Two amendments were offered to
the substitute which were adopted without objection.  The
substitute as amended was adopted without objection.  The chair
directed the staff to incorporate the amendments into the
substitute.  H.B. 3161 was reported favorably as substituted with
the recommendation that it do pass and be printed by a record vote
of 7 ayes, 0 nays, 0 pnv, and 2 absent.