H.B. No. 327
    1-1                                AN ACT
    1-2  relating to the juvenile justice system, including the adjudication
    1-3  and disposition of children; providing for civil and criminal
    1-4  penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  The heading to Title 3, Family Code, is amended
    1-7  to read as follows:
    1-8         TITLE 3.  JUVENILE JUSTICE CODE  <DELINQUENT CHILDREN
    1-9                 AND CHILDREN IN NEED OF SUPERVISION>
   1-10        SECTION 2.  Section 51.01, Family Code, is amended to read as
   1-11  follows:
   1-12        Sec. 51.01.  Purpose and Interpretation.  This title shall be
   1-13  construed to effectuate the following public purposes:
   1-14              (1)  to provide for the protection of the public and
   1-15  public safety;
   1-16              (2)  consistent with the protection of the public and
   1-17  public safety:
   1-18                    (A)  to promote the concept of punishment for
   1-19  criminal acts;
   1-20                    (B)  to remove, where appropriate, the taint of
   1-21  criminality from children committing certain unlawful acts; and
   1-22                    (C)  to provide treatment, training, and
   1-23  rehabilitation that emphasizes the accountability and
   1-24  responsibility of both the parent and the child for the child's
    2-1  conduct;
    2-2              (3)  to provide for the care, the protection, and the
    2-3  wholesome moral, mental, and physical development of children
    2-4  coming within its provisions;
    2-5              (4) <(2)>  to protect the welfare of the community and
    2-6  to control the commission of unlawful acts by children;
    2-7              (5) <(3)  consistent with the protection of the public
    2-8  interest, to remove from children committing unlawful acts the
    2-9  taint of criminality and the consequences of criminal behavior and
   2-10  to substitute a program of treatment, training, and rehabilitation;>
   2-11              <(4)>  to achieve the foregoing purposes in a family
   2-12  environment whenever possible, separating the child from the
   2-13  child's <his> parents only when necessary for the child's <his>
   2-14  welfare or in the interest of public safety and when a child is
   2-15  removed from the child's <his> family, to give the child <him> the
   2-16  care that should be provided by parents; and
   2-17              (6) <(5)>  to provide a simple judicial procedure
   2-18  through which the provisions of this title are executed and
   2-19  enforced and in which the parties are assured a fair hearing and
   2-20  their constitutional and other legal rights recognized and
   2-21  enforced.
   2-22        SECTION 3.  Section 51.02, Family Code, is amended to read as
   2-23  follows:
   2-24        Sec. 51.02.  DEFINITIONS.  In this title:
   2-25              (1)  "Aggravated controlled substance felony" means an
   2-26  offense under Subchapter D, Chapter 481, Health and Safety Code,
   2-27  that is punishable by:
    3-1                    (A)  a minimum term of confinement that is longer
    3-2  than the minimum term of confinement for a felony of the first
    3-3  degree; or
    3-4                    (B)  a maximum fine that is greater than the
    3-5  maximum fine for a felony of the first degree.
    3-6              (2) <(1)>  "Child" means a person who is:
    3-7                    (A)  ten years of age or older and under 17 years
    3-8  of age; or
    3-9                    (B)  seventeen years of age or older and under 18
   3-10  years of age who is alleged or found to have engaged in delinquent
   3-11  conduct or conduct indicating a need for supervision as a result of
   3-12  acts committed before becoming 17 years of age.
   3-13              (3) <(4)>  "Custodian" means the adult with whom the
   3-14  child resides.
   3-15              (4) <(3)>  "Guardian" means the person who, under court
   3-16  order, is the guardian of the person of the child or the public or
   3-17  private agency with whom the child has been placed by a court.
   3-18              (5) <(6)>  "Judge" or "juvenile court judge" means the
   3-19  judge of a juvenile court.
   3-20              (6) <(5)>  "Juvenile court" means a court designated
   3-21  under Section 51.04 of this code to exercise jurisdiction over
   3-22  proceedings under this title.
   3-23              (7) <(8)>  "Law-enforcement officer" means a peace
   3-24  officer as defined by Article 2.12, <Texas> Code of Criminal
   3-25  Procedure.
   3-26              (8)  "Nonoffender" means a child who:
   3-27                    (A)  is subject to jurisdiction of a court under
    4-1  abuse, dependency, or neglect statutes under Title 5 for reasons
    4-2  other than legally prohibited conduct of the child; or
    4-3                    (B)  has been taken into custody and is being
    4-4  held solely for deportation out of the United States.
    4-5              (9) <(2)>  "Parent" means the mother, the father
    4-6  whether or not the child is legitimate, or an adoptive parent, but
    4-7  does not include a parent whose parental rights have been
    4-8  terminated.
    4-9              (10)  "Party" means the state, a child who is the
   4-10  subject of proceedings under this subtitle, or the child's parent,
   4-11  spouse, guardian, or guardian ad litem.
   4-12              (11) <(7)>  "Prosecuting attorney" means the county
   4-13  attorney, district attorney, or other attorney who regularly serves
   4-14  in a prosecutory capacity in a juvenile court.
   4-15              (12)  "Referral to juvenile court" means the referral
   4-16  of a child or a child's case to the office or official, including
   4-17  an intake officer or probation officer, designated by the juvenile
   4-18  court to process children within the juvenile justice system.
   4-19              (13)  "Secure correctional facility" means any public
   4-20  or private residential facility, including an alcohol or other drug
   4-21  treatment facility, that:
   4-22                    (A)  includes construction fixtures designed to
   4-23  physically restrict the movements and activities of juveniles or
   4-24  other individuals held in lawful custody in the facility; and
   4-25                    (B)  is used for the placement of any juvenile
   4-26  who has been adjudicated as having committed an offense, any
   4-27  nonoffender, or any other individual convicted of a criminal
    5-1  offense.
    5-2              (14)  "Secure detention facility" means any public or
    5-3  private residential facility that:
    5-4                    (A)  includes construction fixtures designed to
    5-5  physically restrict the movements and activities of juveniles or
    5-6  other individuals held in lawful custody in the facility; and
    5-7                    (B)  is used for the temporary placement of any
    5-8  juvenile who is accused of having committed an offense, any
    5-9  nonoffender, or any other individual accused of having committed a
   5-10  criminal offense.
   5-11              (15)  "Status offender" means a child who is accused,
   5-12  adjudicated, or convicted for conduct that would not, under state
   5-13  law, be a crime if committed by an adult, including:
   5-14                    (A)  truancy under Section 51.03(b)(2);
   5-15                    (B)  running away from home under Section
   5-16  51.03(b)(3);
   5-17                    (C)  a fineable only offense under Section
   5-18  51.03(b)(1) transferred to the juvenile court under Section
   5-19  51.08(b), but only if the conduct constituting the offense would
   5-20  not have been criminal if engaged in by an adult;
   5-21                    (D)  failure to attend school under Section
   5-22  4.251, Education Code;
   5-23                    (E)  a violation of standards of student conduct
   5-24  as described by Section 51.03(b)(6);
   5-25                    (F)  a violation of a juvenile curfew ordinance
   5-26  or order;
   5-27                    (G)  a violation of a provision of the Alcoholic
    6-1  Beverage Code applicable to minors only; or
    6-2                    (H)  a violation of any other fineable only
    6-3  offense under Section 8.07(a)(4) or (5), Penal Code, but only if
    6-4  the conduct constituting the offense would not have been criminal
    6-5  if engaged in by an adult.
    6-6              (16) <(9)>  "Traffic offense" means:
    6-7                    (A)  a violation of a penal statute cognizable
    6-8  under Chapter 302, Acts of the 55th Legislature, Regular Session,
    6-9  1957, as amended (Article 6701l-4 <802e>, Vernon's Texas Civil
   6-10  Statutes <Penal Code>); or
   6-11                    (B)  a violation of a motor vehicle traffic
   6-12  ordinance of an incorporated city or town in this state.
   6-13              (17)  "Valid court order" means a court order entered
   6-14  under Section 54.04 concerning a child adjudicated to have engaged
   6-15  in conduct indicating a need for supervision as a status offender.
   6-16        SECTION 4.  Sections 51.03(a) and (b), Family Code, are
   6-17  amended to read as follows:
   6-18        (a)  Delinquent conduct is:
   6-19              (1)  conduct, other than a traffic offense, that
   6-20  violates a penal law of this state or of the United States
   6-21  punishable by imprisonment or by confinement in jail;
   6-22              (2)  conduct that violates a reasonable and lawful
   6-23  order of a juvenile court entered under Section 54.04 or 54.05 of
   6-24  this code, except an order prohibiting the following conduct:
   6-25                    (A)  a violation of the penal laws of this state
   6-26  of the grade of misdemeanor that is punishable by fine only or a
   6-27  violation of the penal ordinances of any political subdivision of
    7-1  this state;
    7-2                    (B)  the unexcused voluntary absence of a child
    7-3  from school; or
    7-4                    (C)  the voluntary absence of a child from his
    7-5  home without the consent of his parent or guardian for a
    7-6  substantial length of time or without intent to return; <or>
    7-7              (3)  conduct that violates a lawful order of a
    7-8  municipal court or justice court under circumstances that would
    7-9  constitute contempt of that court; or
   7-10              (4)  conduct that violates the laws of this state
   7-11  prohibiting driving while intoxicated or under the influence of
   7-12  intoxicating liquor (third or subsequent offense) or driving while
   7-13  under the influence of any narcotic drug or of any other drug to
   7-14  the degree that renders the child incapable of safely driving a
   7-15  vehicle (third or subsequent offense).
   7-16        (b)  Conduct indicating a need for supervision is:
   7-17              (1)  subject to Subsection (f) of this section,
   7-18  conduct, other than a traffic offense, that violates:
   7-19                    (A)  the penal laws of this state of the grade of
   7-20  misdemeanor that are punishable by fine only; or
   7-21                    (B)  the penal ordinances of any political
   7-22  subdivision of this state;
   7-23              (2)  the unexcused voluntary absence of a child on 10
   7-24  or more days or parts of days within a six-month period or three or
   7-25  more days or parts of days within a four-week period from school
   7-26  without the consent of his parents;
   7-27              (3)  the voluntary absence of a child from his home
    8-1  without the consent of his parent or guardian for a substantial
    8-2  length of time or without intent to return;
    8-3              (4)  conduct which violates the laws of this state
    8-4  prohibiting driving while intoxicated or under the influence of
    8-5  intoxicating liquor (first or second offense) or driving while
    8-6  under the influence of any narcotic drug or of any other drug to a
    8-7  degree which renders him incapable of safely driving a vehicle
    8-8  (first or second offense); <or>
    8-9              (5)  conduct prohibited by city ordinance or by state
   8-10  law involving the inhalation of the fumes or vapors of paint and
   8-11  other protective coatings or glue and other adhesives and the
   8-12  volatile chemicals itemized in Section 484.002, Health and Safety
   8-13  Code;
   8-14              (6)  an act that violates a school district's
   8-15  previously communicated written standards of student conduct for
   8-16  which the child has been expelled under Section 21.3011, Education
   8-17  Code; or
   8-18              (7)  conduct that violates a reasonable and lawful
   8-19  order of a court entered under Section 264.305.
   8-20        SECTION 5.  Chapter 51, Family Code, is amended by adding
   8-21  Section 51.031 to read as follows:
   8-22        Sec. 51.031.  HABITUAL FELONY CONDUCT.  Habitual felony
   8-23  conduct is conduct violating a penal law of the grade of felony,
   8-24  other than a state jail felony, if:
   8-25              (1)  the child who engaged in the conduct has at least
   8-26  two previous adjudications as having engaged in delinquent conduct
   8-27  violating a penal law of the grade of felony; and
    9-1              (2)  the second previous adjudication is for conduct
    9-2  that occurred after the date the first previous adjudication became
    9-3  final.
    9-4        SECTION 6.  Chapter 51, Family Code, is amended by adding
    9-5  Sections 51.041 and 51.042 to read as follows:
    9-6        Sec. 51.041.  JURISDICTION AFTER APPEAL.  The court retains
    9-7  jurisdiction over a person, without regard to the age of the
    9-8  person, for conduct engaged in by the person before becoming 17
    9-9  years of age if, as a result of an appeal by the person under
   9-10  Chapter 56 of an order of the court, the order is reversed or
   9-11  modified and the case remanded to the court by the appellate court.
   9-12        Sec. 51.042.  OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
   9-13  CHILD.  (a)  A child who objects to the jurisdiction of the court
   9-14  over the child because of the age of the child must raise the
   9-15  objection at the adjudication hearing or discretionary transfer
   9-16  hearing, if any.
   9-17        (b)  A child who does not object as provided by Subsection
   9-18  (a) waives any right to object to the jurisdiction of the court
   9-19  because of the age of the child at a later hearing or on appeal.
   9-20        SECTION 7.  Section 51.06(b), Family Code, is amended to read
   9-21  as follows:
   9-22        (b)  An application for a writ of habeas corpus brought by or
   9-23  on behalf of a person <child> who has been committed to an
   9-24  institution under the jurisdiction of the Texas Youth Commission
   9-25  and which attacks the validity of the judgment of commitment shall
   9-26  be brought in the county in which the court that entered the
   9-27  judgment of commitment is located.
   10-1        SECTION 8.  Section 51.09(b), Family Code, as amended by
   10-2  Chapters 429 and 593, Acts of the 72nd Legislature, Regular
   10-3  Session, 1991, is conformed to Chapter 557, Acts of the 72nd
   10-4  Legislature, Regular Session, 1991, and amended to read as follows:
   10-5        (b)  Notwithstanding any of the provisions of Subsection (a)
   10-6  of this section, the statement of a child is admissible in evidence
   10-7  in any future proceeding concerning the matter about which the
   10-8  statement was given if:
   10-9              (1)  when the child is in a detention facility or other
  10-10  place of confinement or in the custody of an officer, the statement
  10-11  is made in writing and the statement shows that the child has at
  10-12  some time prior to the making thereof received from a magistrate a
  10-13  warning that:
  10-14                    (A)  the child may remain silent and not make any
  10-15  statement at all and that any statement that the child makes may be
  10-16  used in evidence against the child;
  10-17                    (B)  the child has the right to have an attorney
  10-18  present to advise the child either prior to any questioning or
  10-19  during the questioning;
  10-20                    (C)  if the child is unable to employ an
  10-21  attorney, the child has the right to have an attorney appointed to
  10-22  counsel with the child prior to or during any interviews with peace
  10-23  officers or attorneys representing the state;
  10-24                    (D)  the child has the right to terminate the
  10-25  interview at any time;
  10-26                    (E)  if the child is 14 <15> years of age or
  10-27  older at the time of the violation of a penal law of the grade of
   11-1  capital felony, aggravated controlled substance felony, or felony
   11-2  of the first degree, or is 15 years of age or older at the time of
   11-3  the violation of a penal law of the grade of felony of the second
   11-4  or third degree or a state jail felony, the juvenile court may
   11-5  waive its jurisdiction and the child may be tried as an adult,
   11-6  except that if the child has previously been transferred to a
   11-7  district court or criminal district court for criminal proceedings
   11-8  and has violated a penal law of the grade of felony, the juvenile
   11-9  court is required to waive its jurisdiction and the child can be
  11-10  tried as an adult;
  11-11                    (F)  the child may be sentenced to commitment in
  11-12  the Texas Youth Commission with a possible transfer to the
  11-13  institutional division or the pardons and paroles division of the
  11-14  Texas Department of Criminal Justice for a maximum term of <not to
  11-15  exceed> 40 years for a capital felony, felony of the first degree,
  11-16  or aggravated controlled substance felony, 20 years for a felony of
  11-17  the second degree, or 10 years for a felony of the third degree if
  11-18  the child is found to have engaged in habitual felony conduct by
  11-19  violating a penal law of the grade of felony, other than a state
  11-20  jail felony, if the child has at least two previous adjudications
  11-21  as having engaged in delinquent conduct violating a penal law of
  11-22  the grade of felony and the second previous adjudication is for
  11-23  conduct that occurred after the date the first previous
  11-24  adjudication became final, alleged in a petition approved by a
  11-25  grand jury, or if the child is found to have engaged in delinquent
  11-26  conduct, alleged in a petition approved by a grand jury, that
  11-27  included:
   12-1                          (i)  murder;
   12-2                          (ii)  capital murder;
   12-3                          (iii)  aggravated kidnapping;
   12-4                          (iv)  sexual assault or aggravated sexual
   12-5  assault;
   12-6                          (v)  aggravated robbery;
   12-7                          (vi)  aggravated assault <deadly assault on
   12-8  a law enforcement officer, corrections officer, court participant,
   12-9  or probation personnel>; <or>
  12-10                          (vii)  injury to a child, elderly
  12-11  individual, or disabled individual that is punishable as a felony,
  12-12  other than a state jail felony, under Section 22.04, Penal Code;
  12-13                          (viii)  deadly conduct defined by Section
  12-14  22.05(b), Penal Code (discharging firearm at persons or certain
  12-15  objects);
  12-16                          (ix)  an offense that is a felony of the
  12-17  first degree or an aggravated controlled substance felony under
  12-18  Subchapter D, Chapter 481, Health and Safety Code (certain offenses
  12-19  involving controlled substances);
  12-20                          (x)  criminal solicitation;
  12-21                          (xi)  indecency with a child that is
  12-22  punishable under Section 21.11(a)(1), Penal Code;
  12-23                          (xii)  criminal solicitation of a minor
  12-24  (Section 15.031, Penal Code); or
  12-25                          (xiii)  criminal attempt to commit any of
  12-26  the offenses listed in Section 3g(a)(1), Article 42.12, Code of
  12-27  Criminal Procedure, which include murder, capital murder, indecency
   13-1  with a child, aggravated kidnapping, aggravated sexual assault, and
   13-2  aggravated robbery <(vi)  attempted capital murder>; and
   13-3                    (G)  the statement must be signed in the presence
   13-4  of a magistrate by the child with no law enforcement officer or
   13-5  prosecuting attorney present, except that a magistrate may require
   13-6  a bailiff or a law enforcement officer if a bailiff is not
   13-7  available to be present if the magistrate determines that the
   13-8  presence of the bailiff or law enforcement officer is necessary for
   13-9  the personal safety of the magistrate or other court personnel,
  13-10  provided that the bailiff or law enforcement officer may not carry
  13-11  a weapon in the presence of the child.  The magistrate must be
  13-12  fully convinced that the child understands the nature and contents
  13-13  of the statement and that the child is signing the same
  13-14  voluntarily.  If such a statement is taken, the magistrate shall
  13-15  sign a written statement verifying the foregoing requisites have
  13-16  been met.
  13-17        The child must knowingly, intelligently, and voluntarily
  13-18  waive these rights prior to and during the making of the statement
  13-19  and sign the statement in the presence of a magistrate who must
  13-20  certify that he has examined the child independent of any law
  13-21  enforcement officer or prosecuting attorney, except as required to
  13-22  ensure the personal safety of the magistrate or other court
  13-23  personnel, and has determined that the child understands the nature
  13-24  and contents of the statement and has knowingly, intelligently, and
  13-25  voluntarily waived these rights.
  13-26              (2)  it be made orally and the child makes a statement
  13-27  of facts or circumstances that are found to be true, which conduct
   14-1  tends to establish his guilt, such as the finding of secreted or
   14-2  stolen property, or the instrument with which he states the offense
   14-3  was committed.
   14-4              (3)  the statement was res gestae of the delinquent
   14-5  conduct or the conduct indicating a need for supervision or of the
   14-6  arrest.
   14-7        SECTION 9.  Section 51.09(c), Family Code, as amended by
   14-8  Chapters 429 and 557, Acts of the 72nd Legislature, Regular
   14-9  Session, 1991, is reenacted and amended to read as follows:
  14-10        (c)  A warning under Subsection (b)(1)(E) or <Subsection>
  14-11  (b)(1)(F) <of this section> is required only when applicable to the
  14-12  facts of the case.  A failure to warn a child under Subsection
  14-13  (b)(1)(E) <of this section> does not render a statement made by the
  14-14  child inadmissible unless the child is transferred to a <criminal>
  14-15  district court under Section 54.02 <of this code>.  A failure to
  14-16  warn a child under Subsection (b)(1)(F) <of this section> does not
  14-17  render a statement made by the child inadmissible unless the state
  14-18  proceeds against the child on a petition approved by a grand jury
  14-19  under Section 53.045 <of this code>.
  14-20        SECTION 10.  Chapter 51, Family Code, is amended by adding
  14-21  Sections 51.115 and 51.116 to read as follows:
  14-22        Sec. 51.115.  ATTENDANCE AT HEARING:  PARENT OR OTHER
  14-23  GUARDIAN.  (a)  Each parent of a child, each managing and
  14-24  possessory conservator of a child, each court-appointed custodian
  14-25  of a child, and a guardian of the person of the child shall attend
  14-26  each hearing affecting the child held under:
  14-27              (1)  Section 54.02 (waiver of jurisdiction and
   15-1  discretionary transfer to criminal court);
   15-2              (2)  Section 54.03 (adjudication hearing);
   15-3              (3)  Section 54.04 (disposition hearing);
   15-4              (4)  Section 54.05 (hearing to modify disposition); and
   15-5              (5)  Section 54.11 (release or transfer hearing).
   15-6        (b)  Subsection (a) does not apply to:
   15-7              (1)  a person for whom, for good cause shown, the court
   15-8  waives attendance;
   15-9              (2)  a person who is not a resident of this state; or
  15-10              (3)  a parent of a child for whom a managing
  15-11  conservator has been appointed and the parent is not a conservator
  15-12  of the child.
  15-13        (c)  A person required under this section to attend a hearing
  15-14  is entitled to reasonable written or oral notice that includes a
  15-15  statement of the place, date, and time of the hearing and that the
  15-16  attendance of the person is required.  The notice may be included
  15-17  with or attached to any other notice required by this chapter to be
  15-18  given the person.  Separate notice is not required for a
  15-19  disposition hearing that convenes on the adjournment of an
  15-20  adjudication hearing.  If a person required under this section
  15-21  fails to attend a hearing, the juvenile court may proceed with the
  15-22  hearing.
  15-23        (d)  A person who is required by Subsection (a) to attend a
  15-24  hearing, who receives the notice of the hearing, and who fails to
  15-25  attend the hearing may be punished by the court for contempt by a
  15-26  fine of not less than $100 and not more than $1,000.  In addition
  15-27  to or in lieu of contempt, the court may order the person to
   16-1  receive counseling or to attend an educational course on the duties
   16-2  and responsibilities of parents and skills and techniques in
   16-3  raising children.
   16-4        Sec. 51.116.  RIGHT TO REEMPLOYMENT.  (a)  An employer may
   16-5  not terminate the employment of a permanent employee because the
   16-6  employee is required under Section 51.115 to attend a hearing.
   16-7        (b)  An employee whose employment is terminated in violation
   16-8  of this section is entitled to return to the same employment that
   16-9  the employee held when notified of the hearing if the employee, as
  16-10  soon as practical after the hearing, gives the employer actual
  16-11  notice that the employee intends to return.
  16-12        (c)  A person who is injured because of a violation of this
  16-13  section is entitled to reinstatement to the person's former
  16-14  position and to damages, but the damages may not exceed an amount
  16-15  equal to six months' compensation at the rate at which the person
  16-16  was compensated when required to attend the hearing.
  16-17        (d)  The injured person is also entitled to reasonable
  16-18  attorney's fees in an amount approved by the court.
  16-19        (e)  It is a defense to an action brought under this section
  16-20  that the employer's circumstances changed while the employee
  16-21  attended the hearing so that reemployment was impossible or
  16-22  unreasonable.  To establish a defense under this subsection, an
  16-23  employer must prove that the termination of employment was because
  16-24  of circumstances other than the employee's attendance at the
  16-25  hearing.
  16-26        SECTION 11.  Section 51.10(c), Family Code, is amended to
  16-27  read as follows:
   17-1        (c)  If the child was not represented by an attorney at the
   17-2  detention hearing required by Section 54.01 of this code and a
   17-3  determination was made to detain the child, the child shall
   17-4  immediately be entitled to representation by an attorney.  The
   17-5  court shall <may> order the retention of an attorney according to
   17-6  Subsection (d) <Section 51.10(d) of this code> or appoint an
   17-7  attorney according to Subsection (f) <Section 51.10(f) of this
   17-8  code>.
   17-9        SECTION 12.  Section 51.12, Family Code, is amended by
  17-10  amending Subsections (a) and (c) and adding Subsections (f), (g),
  17-11  and (h) to read as follows:
  17-12        (a)  Except as provided by Subsection (h) <after transfer to
  17-13  criminal court for prosecution under Section 54.02 of this code>, a
  17-14  child may <shall not> be detained only in a:
  17-15              (1)  juvenile processing office in compliance with
  17-16  Section 52.025;
  17-17              (2)  place of nonsecure custody in compliance with
  17-18  Section 52.027; or
  17-19              (3)  certified juvenile detention facility that
  17-20  complies with the requirements of Subsection (f) <in or committed
  17-21  to a compartment of a jail or lockup in which adults arrested for,
  17-22  charged with, or convicted of crime are detained or committed, nor
  17-23  be permitted contact with such persons>.
  17-24        (c)  In each county, the judge of the juvenile court and the
  17-25  members of the juvenile board shall personally inspect the
  17-26  detention facilities and any public or private secure correctional
  17-27  facilities used for post-adjudication confinement that are located
   18-1  in the county and operated under authority of the juvenile board at
   18-2  least annually and shall certify in writing to the authorities
   18-3  responsible for operating and giving financial support to the
   18-4  facilities and to the Texas Juvenile Probation Commission that they
   18-5  are suitable or unsuitable for the detention of children in
   18-6  accordance with:
   18-7              (1)  the requirements of Subsections <Subsection> (a),
   18-8  (f), and (g) <of this section>; and
   18-9              (2)  minimum <the requirements of Subchapter A, Chapter
  18-10  351, Local Government Code, if the detention facility is a county
  18-11  jail; and>
  18-12              <(3)  recognized> professional standards for the
  18-13  detention of children in pre-adjudication or post-adjudication
  18-14  secure confinement <deemed appropriate by the board, which may
  18-15  include minimum standards> promulgated by the Texas Juvenile
  18-16  Probation Commission or, at the election of the juvenile board, the
  18-17  current standards promulgated by the American Correctional
  18-18  Association<.  The juvenile board shall annually provide to the
  18-19  Texas Juvenile Probation Commission a copy of the standards used
  18-20  under this section>.
  18-21        (f)  A child detained in a building that contains a jail,
  18-22  lockup, or other place of secure confinement, including an alcohol
  18-23  or other drug treatment facility, shall be separated by sight and
  18-24  sound from adults detained in the same building.  Children and
  18-25  adults are separated by sight and sound only if they are unable to
  18-26  see each other and conversation between them is not possible.  The
  18-27  separation must extend to all areas of the facility, including
   19-1  sally ports and passageways, and those areas used for admission,
   19-2  counseling, sleeping, toileting, showering, dining, recreational,
   19-3  educational, or vocational activities, and health care.  The
   19-4  separation may be accomplished through architectural design.
   19-5        (g)  Except for a child detained in a juvenile processing
   19-6  office or a place of nonsecure custody, a child detained in a
   19-7  building that contains a jail or lockup may not have any contact
   19-8  with:
   19-9              (1)  part-time or full-time security staff, including
  19-10  management, who have contact with adults detained in the same
  19-11  building; or
  19-12              (2)  direct-care staff who have contact with adults
  19-13  detained in the same building.
  19-14        (h)  This section does not apply to a person:
  19-15              (1)  after transfer to criminal court for prosecution
  19-16  under Section 54.02; or
  19-17              (2)  who is at least 18 years of age and who has been
  19-18  taken into custody after having:
  19-19                    (A)  escaped from a juvenile facility; or
  19-20                    (B)  violated a condition of probation or of
  19-21  release under supervision of the Texas Youth Commission.
  19-22        SECTION 13.  Section 51.13, Family Code, is amended by
  19-23  amending Subsection (a) and adding Subsection (d) to read as
  19-24  follows:
  19-25        (a)  Except as provided by Subsection (d), an <An> order of
  19-26  adjudication or disposition in a proceeding under this title is not
  19-27  a conviction of crime, and does not impose any civil disability
   20-1  ordinarily resulting from a conviction or operate to disqualify the
   20-2  child in any civil service application or appointment.
   20-3        (d)  An adjudication under Section 54.03 that a child engaged
   20-4  in conduct that constitutes a felony offense resulting in
   20-5  commitment to the Texas Youth Commission under Section 54.04(d)(2),
   20-6  (d)(3), or (m) or 54.05(f) is a final felony conviction only for
   20-7  the purposes of Sections 12.42(a)-(c) and (e), Penal Code.
   20-8        SECTION 14.  Section 51.17, Family Code, is amended to read
   20-9  as follows:
  20-10        Sec. 51.17.  PROCEDURE AND EVIDENCE.  (a)  Except for the
  20-11  burden of proof to be borne by the state in adjudicating a child to
  20-12  be delinquent or in need of supervision under Section 54.03(f) or
  20-13  otherwise when in conflict with a provision of this title, the
  20-14  Texas Rules of Civil Procedure govern proceedings under this title.
  20-15  <Particular reference is made to the burden of proof to be borne by
  20-16  the state in adjudicating a child to be delinquent or in need of
  20-17  supervision (Section 54.03(f)).>
  20-18        (b)  Discovery in a proceeding under this title is governed
  20-19  by the Code of Criminal Procedure and by case decisions in criminal
  20-20  cases.
  20-21        (c)  Except as otherwise provided by this title, the Texas
  20-22  Rules of Criminal Evidence and Chapter 38, Code of Criminal
  20-23  Procedure, apply in a judicial proceeding under this title.
  20-24        SECTION 15.  Section 52.01(a), Family Code, is amended to
  20-25  read as follows:
  20-26        (a)  A child may be taken into custody:
  20-27              (1)  pursuant to an order of the juvenile court under
   21-1  the provisions of this subtitle;
   21-2              (2)  pursuant to the laws of arrest;
   21-3              (3)  by a law-enforcement officer, including a school
   21-4  district peace officer commissioned under Section 21.483, Education
   21-5  Code, if there is probable cause <are reasonable grounds> to
   21-6  believe that the child has engaged in:
   21-7                    (A)  conduct that violates a penal law of this
   21-8  state or a penal ordinance of any political subdivision of this
   21-9  state; or
  21-10                    (B)  delinquent conduct or conduct indicating a
  21-11  need for supervision; <or>
  21-12              (4)  by a probation officer if there is probable cause
  21-13  <are reasonable grounds> to believe that the child has violated a
  21-14  condition of probation imposed by the juvenile court; or
  21-15              (5)  pursuant to a directive to apprehend issued as
  21-16  provided by Section 52.015.
  21-17        SECTION 16.  Chapter 52, Family Code, is amended by adding
  21-18  Section 52.015 to read as follows:
  21-19        Sec. 52.015.  DIRECTIVE TO APPREHEND.  (a)  On the request of
  21-20  a law-enforcement or probation officer, a juvenile court may issue
  21-21  a directive to apprehend a child if the court finds there is
  21-22  probable cause to take the child into custody under the provisions
  21-23  of this title.
  21-24        (b)  On the issuance of a directive to apprehend, any
  21-25  law-enforcement or probation officer shall take the child into
  21-26  custody.
  21-27        (c)  An order under this section is not subject to appeal.
   22-1        SECTION 17.  Chapter 52, Family Code, is amended by adding
   22-2  Sections 52.027 and 52.028 to read as follows:
   22-3        Sec. 52.027.  CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
   22-4  OFFENSES, OTHER FINEABLE ONLY OFFENSES, OR AS A STATUS OFFENDER.
   22-5  (a)  A child may be released to the child's parent, guardian,
   22-6  custodian, or other responsible adult as provided in Section
   22-7  52.02(a)(1) if the child is taken into custody:
   22-8              (1)  for a traffic offense;
   22-9              (2)  for an offense other than public intoxication
  22-10  punishable by fine only; or
  22-11              (3)  as a status offender or nonoffender.
  22-12        (b)  A child described by Subsection (a) must be taken only
  22-13  to a place previously designated by the head of the law enforcement
  22-14  agency with custody of the child as an appropriate place of
  22-15  nonsecure custody for children unless the child:
  22-16              (1)  is released under Section 52.02(a)(1);
  22-17              (2)  is taken before a municipal court or justice
  22-18  court; or
  22-19              (3)  for truancy or running away, is taken to a
  22-20  juvenile detention facility.
  22-21        (c)  A place of nonsecure custody for children must be an
  22-22  unlocked, multipurpose area.  A lobby, office, or interrogation
  22-23  room is suitable if the area is not designated, set aside, or used
  22-24  as a secure detention area and is not part of a secure detention
  22-25  area.  A place of nonsecure custody may be a juvenile processing
  22-26  office designated under Section 52.025 if the area is not locked
  22-27  when it is used as a place of nonsecure custody.
   23-1        (d)  The following procedures shall be followed in a place of
   23-2  nonsecure custody for children:
   23-3              (1)  a child may not be secured physically to a cuffing
   23-4  rail, chair, desk, or other stationary object;
   23-5              (2)  the child may be held in the nonsecure facility
   23-6  only long enough to accomplish the purpose of identification,
   23-7  investigation, processing, release to parents, or the arranging of
   23-8  transportation to the appropriate juvenile court, juvenile
   23-9  detention facility, municipal court, or justice court;
  23-10              (3)  residential use of the area is prohibited; and
  23-11              (4)  the child shall be under continuous visual
  23-12  supervision by a law enforcement officer or facility staff person
  23-13  during the time the child is in nonsecure custody.
  23-14        (e)  Notwithstanding any other provision of this section, a
  23-15  child may not, under any circumstances, be detained in a place of
  23-16  nonsecure custody for more than six hours.
  23-17        (f)  A child taken into custody for a traffic offense or an
  23-18  offense, other than public intoxication, punishable by fine only
  23-19  may be presented or detained in a detention facility designated by
  23-20  the juvenile court under Section 52.02(a)(3) only if:
  23-21              (1)  the child's non-traffic case is transferred to the
  23-22  juvenile court by a municipal court or justice court under Section
  23-23  51.08(b); or
  23-24              (2)  the child is referred to the juvenile court by a
  23-25  municipal court or justice court for contempt of court under
  23-26  Subsection (h).
  23-27        (g)  A law enforcement officer may issue a field release
   24-1  citation, as provided by Article 14.06, Code of Criminal Procedure,
   24-2  in place of taking a child into custody for a traffic offense or an
   24-3  offense, other than public intoxication, punishable by fine only.
   24-4        (h)  A municipal court or justice court may not hold a child
   24-5  in contempt for intentionally refusing to obey a lawful order of
   24-6  disposition after an adjudication of guilt of a traffic offense or
   24-7  other offense punishable by fine only.  The municipal court or
   24-8  justice court shall instead refer the child to the appropriate
   24-9  juvenile court for delinquent conduct for contempt of the municipal
  24-10  court or justice court order.
  24-11        (i)  In this section, "child" means a person who is at least
  24-12  10 years of age and younger than 18 years of age and who:
  24-13              (1)  is charged with or convicted of a traffic offense
  24-14  or an offense, other than public intoxication, punishable by fine
  24-15  only as a result of an act committed before becoming 17 years of
  24-16  age;
  24-17              (2)  is a status offender and was taken into custody as
  24-18  a status offender for conduct engaged in before becoming 17 years
  24-19  of age; or
  24-20              (3)  is a nonoffender and became a nonoffender before
  24-21  becoming 17 years of age.
  24-22        Sec. 52.028.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
  24-23  JUVENILE CURFEW ORDINANCE OR ORDER.  (a)  A peace officer taking
  24-24  into custody a person under 17 years of age for violation of a
  24-25  juvenile curfew ordinance of a municipality or order of the
  24-26  commissioners court of a county shall, without unnecessary delay:
  24-27              (1)  release the person to the person's parent,
   25-1  guardian, or custodian;
   25-2              (2)  take the person before a municipal or justice
   25-3  court to answer the charge; or
   25-4              (3)  take the person to a place designated as a
   25-5  juvenile curfew processing office by the head of the law
   25-6  enforcement agency having custody of the person.
   25-7        (b)  A juvenile curfew processing office must observe the
   25-8  following procedures:
   25-9              (1)  the office must be an unlocked, multipurpose area
  25-10  that is not designated, set aside, or used as a secure detention
  25-11  area or part of a secure detention area;
  25-12              (2)  the person may not be secured physically to a
  25-13  cuffing rail, chair, desk, or stationary object;
  25-14              (3)  the person may not be held longer than necessary
  25-15  to accomplish the purposes of identification, investigation,
  25-16  processing, release to parents, guardians, or custodians, and
  25-17  arrangement of transportation to school or court;
  25-18              (4)  a juvenile curfew processing office may not be
  25-19  designated or intended for residential purposes;
  25-20              (5)  the person must be under continuous visual
  25-21  supervision by a peace officer or other person during the time the
  25-22  person is in the juvenile curfew processing office; and
  25-23              (6)  a person may not be held in a juvenile curfew
  25-24  processing office for more than six hours.
  25-25        (c)  A place designated under this section as a juvenile
  25-26  curfew processing office is not subject to the approval of the
  25-27  juvenile board having jurisdiction where the governmental entity is
   26-1  located.
   26-2        SECTION 18.  Sections 52.03(a) and (c), Family Code, are
   26-3  amended to read as follows:
   26-4        (a)  A law-enforcement officer authorized by this title to
   26-5  take a child into custody may dispose of the case of a child taken
   26-6  into custody without referral to juvenile court, if:
   26-7              (1)  guidelines for such disposition have been issued
   26-8  by the law-enforcement agency in which the officer works;
   26-9              (2)  the guidelines have been approved by the juvenile
  26-10  board <court> of the county in which the disposition is made;
  26-11              (3)  the disposition is authorized by the guidelines;
  26-12  and
  26-13              (4)  the officer makes a written report of his
  26-14  disposition to the law-enforcement agency, identifying the child
  26-15  and specifying the grounds for believing that the taking into
  26-16  custody was authorized.
  26-17        (c)  A disposition authorized by this section may involve:
  26-18              (1)  referral of the child to an agency other than the
  26-19  juvenile court; <or>
  26-20              (2)  a brief conference with the child and his parent,
  26-21  guardian, or custodian; or
  26-22              (3)  referral of the child and the child's parent,
  26-23  guardian, or custodian for services under Section 264.302.
  26-24        SECTION 19.  Chapter 52, Family Code, is amended by adding
  26-25  Section 52.031 to read as follows:
  26-26        Sec. 52.031.  FIRST OFFENDER PROGRAM.  (a)  A juvenile board
  26-27  may establish a first offender program under this section for the
   27-1  referral and disposition of children taken into custody for:
   27-2              (1)  conduct indicating a need for supervision; or
   27-3              (2)  delinquent conduct other than conduct that
   27-4  constitutes:
   27-5                    (A)  a felony of the first, second, or third
   27-6  degree, an aggravated controlled substance felony, or a capital
   27-7  felony; or
   27-8                    (B)  a state jail felony or misdemeanor involving
   27-9  violence to a person or the use or possession of a firearm, illegal
  27-10  knife, or club, as those terms are defined by Section 46.01, Penal
  27-11  Code, or a prohibited weapon, as described by Section 46.05, Penal
  27-12  Code.
  27-13        (b)  Each juvenile board in the county in which a first
  27-14  offender program is established shall designate one or more law
  27-15  enforcement officers and agencies, which may be law enforcement
  27-16  agencies, to process a child under the first offender program.
  27-17        (c)  The disposition of a child under the first offender
  27-18  program may not take place until:
  27-19              (1)  guidelines for the disposition have been issued by
  27-20  the agency designated under Subsection (b); and
  27-21              (2)  the juvenile board has approved the guidelines.
  27-22        (d)  A law enforcement officer taking a child into custody
  27-23  may refer the child to the law enforcement officer or agency
  27-24  designated under Subsection (b) for disposition under the first
  27-25  offender program and not refer the child to juvenile court only if:
  27-26              (1)  the child has not previously been adjudicated as
  27-27  having engaged in delinquent conduct;
   28-1              (2)  the referral complies with guidelines for
   28-2  disposition under Subsection (c); and
   28-3              (3)  the officer reports in writing the referral to the
   28-4  agency, identifying the child and specifying the grounds for taking
   28-5  the child into custody.
   28-6        (e)  A child referred for disposition under the first
   28-7  offender program may not be detained in law enforcement custody.
   28-8        (f)  The parent, guardian, or other custodian of the child
   28-9  must receive notice that the child has been referred for
  28-10  disposition under the first offender program.  The notice must:
  28-11              (1)  state the grounds for taking the child into
  28-12  custody;
  28-13              (2)  identify the law enforcement officer or agency to
  28-14  which the child was referred;
  28-15              (3)  briefly describe the nature of the program; and
  28-16              (4)  state that the child's failure to complete the
  28-17  program will result in the child being referred to the juvenile
  28-18  court.
  28-19        (g)  The child and the parent, guardian, or other custodian
  28-20  of the child must consent to participation by the child in the
  28-21  first offender program.
  28-22        (h)  Disposition under a first offender program may include:
  28-23              (1)  voluntary restitution by the child or the parent,
  28-24  guardian, or other custodian of the child to the victim of the
  28-25  conduct of the child;
  28-26              (2)  voluntary community service restitution by the
  28-27  child;
   29-1              (3)  educational, vocational training, counseling, or
   29-2  other rehabilitative services; and
   29-3              (4)  periodic reporting by the child to the law
   29-4  enforcement officer or agency to which the child has been referred.
   29-5        (i)  The case of a child who successfully completes the first
   29-6  offender program is closed and may not be referred to juvenile
   29-7  court, unless the child is taken into custody under circumstances
   29-8  described by Subsection (j)(3).
   29-9        (j)  The case of a child referred for disposition under the
  29-10  first offender program shall be referred to juvenile court if:
  29-11              (1)  the child fails to complete the program;
  29-12              (2)  the child or the parent, guardian, or other
  29-13  custodian of the child terminates the child's participation in the
  29-14  program before the child completes it; or
  29-15              (3)  the child completes the program but is taken into
  29-16  custody under Section 52.01 before the 90th day after the date the
  29-17  child completes the program for conduct other than the conduct for
  29-18  which the child was referred to the first offender program.
  29-19        (k)  A statement made by a child to a person giving advice or
  29-20  supervision or participating in the first offender program may not
  29-21  be used against the child in any proceeding under this title or any
  29-22  criminal proceeding.
  29-23        (l)  The law enforcement agency must report to the juvenile
  29-24  board in December of each year the following:
  29-25              (1)  the last known address of the child, including the
  29-26  census tract;
  29-27              (2)  the gender and ethnicity of the child referred to
   30-1  the program; and
   30-2              (3)  the offense committed by the child.
   30-3        SECTION 20.  Chapter 52, Family Code, is amended by adding
   30-4  Section 52.041 to read as follows:
   30-5        Sec. 52.041.  REFERRAL OF CHILD TO JUVENILE COURT AFTER
   30-6  EXPULSION.  (a)  A school district that expels a child shall refer
   30-7  the child to juvenile court in the county in which the child
   30-8  resides.
   30-9        (b)  The board of the school district or a person designated
  30-10  by the board shall deliver a copy of the order expelling the
  30-11  student and any other information required by Section 52.04 on or
  30-12  before the second working day after the date of the expulsion
  30-13  hearing to the authorized officer of the juvenile court.
  30-14        SECTION 21.  Section 53.01, Family Code, is amended by
  30-15  amending Subsections (a) and (b) and adding Subsections (d)-(f) to
  30-16  read as follows:
  30-17        (a)  On referral of a person believed to be a child or on
  30-18  referral of the person's <a child's> case to the office or official
  30-19  designated by the juvenile court, the intake officer, probation
  30-20  officer, or other person authorized by the court shall conduct a
  30-21  preliminary investigation to determine whether:
  30-22              (1)  the person referred to juvenile court is a child
  30-23  within the meaning of this title; and
  30-24              (2)  there is probable cause to believe the person
  30-25  <child> engaged in delinquent conduct or conduct indicating a need
  30-26  for supervision<; and>
  30-27              <(3)  further proceedings in the case are in the
   31-1  interest of the child or the public>.
   31-2        (b)  If it is determined that the person is not a child<,> or
   31-3  there is no probable cause, <or further proceedings are not
   31-4  warranted,> the person <child> shall immediately be released <and
   31-5  proceedings terminated>.
   31-6        (d)  Unless the juvenile board approves a written procedure
   31-7  proposed by the office of prosecuting attorney and chief juvenile
   31-8  probation officer which provides otherwise, if it is determined
   31-9  that the person is a child and, regardless of a finding of probable
  31-10  cause, or a lack thereof, there is an allegation that the child
  31-11  engaged in delinquent conduct of the grade of felony, or conduct
  31-12  constituting a misdemeanor offense involving violence to a person
  31-13  or the use or possession of a firearm, illegal knife, or club, as
  31-14  those terms are defined by Section 46.01, Penal Code, or prohibited
  31-15  weapon, as described by Section 46.05, Penal Code, the case shall
  31-16  be promptly forwarded to the office of the prosecuting attorney,
  31-17  accompanied by:
  31-18              (1)  all documents that accompanied the current
  31-19  referral; and
  31-20              (2)  a summary of all prior referrals of the child to
  31-21  the juvenile court, juvenile probation department, or juvenile
  31-22  detention facility.
  31-23        (e)  If a juvenile board adopts an alternative referral plan
  31-24  under Subsection (d), the board shall register the plan with the
  31-25  Texas Juvenile Probation Commission.
  31-26        (f)  A juvenile board may not adopt an alternate referral
  31-27  plan that does not require the forwarding of a child's case to the
   32-1  prosecuting attorney as provided by Subsection (d) if probable
   32-2  cause exists to believe that the child engaged in delinquent
   32-3  conduct that violates Section 19.03, Penal Code (capital murder),
   32-4  or Section 19.02, Penal Code (murder).
   32-5        SECTION 22.  Chapter 53, Family Code, is amended by adding
   32-6  Sections 53.012 and 53.013 to read as follows:
   32-7        Sec. 53.012.  REVIEW BY PROSECUTOR.  (a)  The prosecuting
   32-8  attorney shall promptly review the circumstances and allegations of
   32-9  a referral made under Section 53.01 for legal sufficiency and the
  32-10  desirability of prosecution and may file a petition without regard
  32-11  to whether probable cause was found under Section 53.01.
  32-12        (b)  If the prosecuting attorney does not file a petition
  32-13  requesting the adjudication of the child referred to the
  32-14  prosecuting attorney, the prosecuting attorney shall:
  32-15              (1)  terminate all proceedings, if the reason is for
  32-16  lack of probable cause; or
  32-17              (2)  return the referral to the juvenile probation
  32-18  department for further proceedings.
  32-19        (c)  The juvenile probation department shall promptly refer a
  32-20  child who has been returned to the department under Subsection
  32-21  (b)(2) and who fails or refuses to participate in a program of the
  32-22  department to the prosecuting attorney for review of the child's
  32-23  case and determination of whether to file a petition.
  32-24        Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  Each juvenile
  32-25  board may adopt a progressive sanctions program using the
  32-26  guidelines for progressive sanctions in Chapter 59.
  32-27        SECTION 23.  Section 53.02, Family Code, is amended by
   33-1  amending Subsection (b) and adding Subsection (d) to read as
   33-2  follows:
   33-3        (b)  A child taken into custody may be detained prior to
   33-4  hearing on the petition only if:
   33-5              (1)  he is likely to abscond or be removed from the
   33-6  jurisdiction of the court;
   33-7              (2)  suitable supervision, care, or protection for him
   33-8  is not being provided by a parent, guardian, custodian, or other
   33-9  person;
  33-10              (3)  he has no parent, guardian, custodian, or other
  33-11  person able to return him to the court when required;
  33-12              (4)  he <is accused of committing a felony offense and>
  33-13  may be dangerous to himself or he may threaten the safety of the
  33-14  public <others> if released; or
  33-15              (5)  he has previously been found to be a delinquent
  33-16  child or has previously been convicted of a penal offense
  33-17  punishable by a term in jail or prison and is likely to commit an
  33-18  offense if released.
  33-19        (d)  A release of a child to an adult under Subsection (a)
  33-20  must be conditioned on the agreement of the adult to be subject to
  33-21  the jurisdiction of the juvenile court and to an order of contempt
  33-22  by the court if the adult, after notification, is unable to produce
  33-23  the child at later proceedings.
  33-24        SECTION 24.  Section 53.03, Family Code, is amended to read
  33-25  as follows:
  33-26        Sec. 53.03.  DEFERRED PROSECUTION <INTAKE CONFERENCE AND
  33-27  ADJUSTMENT>.  (a)  Subject to Subsection (e), if <If> the
   34-1  preliminary investigation required by Section 53.01 of this code
   34-2  results in a determination that further proceedings in the case are
   34-3  authorized <and warranted>, the probation officer or other
   34-4  designated officer of the court, subject to the direction of the
   34-5  juvenile court, may advise the parties for a reasonable period of
   34-6  time not to exceed six months concerning deferred prosecution <an
   34-7  informal adjustment> and <voluntary> rehabilitation of a child if:
   34-8              (1)  deferred prosecution <advice without a court
   34-9  hearing> would be in the interest of the public and the child;
  34-10              (2)  the child and his parent, guardian, or custodian
  34-11  consent with knowledge that consent is not obligatory; and
  34-12              (3)  the child and his parent, guardian, or custodian
  34-13  are informed that they may terminate the deferred prosecution
  34-14  <adjustment process> at any point and petition the court for a
  34-15  court hearing in the case.
  34-16        (b)  Except as otherwise permitted by this title, the child
  34-17  may not be detained during or as a result of the deferred
  34-18  prosecution <adjustment> process.
  34-19        (c)  An incriminating statement made by a participant to the
  34-20  person giving advice and in the discussions or conferences incident
  34-21  thereto may not be used against the declarant in any court hearing.
  34-22        (d)  <An informal adjustment authorized by this section may
  34-23  involve:>
  34-24              <(1)  voluntary restitution by the child or his parent
  34-25  to the victim of an offense; or>
  34-26              <(2)  voluntary community service restitution by the
  34-27  child.>
   35-1        <(e)>  The court may adopt a fee schedule for deferred
   35-2  prosecution <informal adjustment> services and rules for the waiver
   35-3  of a fee for financial hardship in accordance with guidelines that
   35-4  the Texas Juvenile Probation Commission shall provide.  The maximum
   35-5  fee is $15 a month.  If the court adopts a schedule and rules for
   35-6  waiver, the probation officer or other designated officer of the
   35-7  court shall collect the fee authorized by the schedule from the
   35-8  parent, guardian, or custodian of a child for whom a deferred
   35-9  prosecution <an informal adjustment> is authorized under this
  35-10  section or waive the fee in accordance with the rules adopted by
  35-11  the court.  The officer shall deposit the fees received under this
  35-12  section in the county treasury to the credit of a special fund that
  35-13  may be used only for juvenile probation or community-based juvenile
  35-14  corrections services or facilities in which a juvenile may be
  35-15  required to live while under court supervision.  If the court does
  35-16  not adopt a schedule and rules for waiver, a fee for deferred
  35-17  prosecution <informal adjustment> services may not be imposed.
  35-18        (e)  A prosecuting attorney may defer prosecution for any
  35-19  child.  A probation officer or other designated officer of the
  35-20  court:
  35-21              (1)  may not defer prosecution for a child for a case
  35-22  that is required to be forwarded to the prosecuting attorney under
  35-23  Section 53.01(d); and
  35-24              (2)  may defer prosecution for a child who has
  35-25  previously been adjudicated for conduct that constitutes a felony
  35-26  only if the prosecuting attorney consents in writing.
  35-27        (f)  The probation officer or other officer designated by the
   36-1  court supervising a program of deferred prosecution for a child
   36-2  under this section shall report to the juvenile court any violation
   36-3  by the child of the program.
   36-4        SECTION 25.  Section 53.04(d), Family Code, is amended to
   36-5  read as follows:
   36-6        (d)  The petition must state:
   36-7              (1)  with reasonable particularity the time, place, and
   36-8  manner of the acts alleged and the penal law or standard of conduct
   36-9  allegedly violated by the acts;
  36-10              (2)  the name, age, and residence address, if known, of
  36-11  the child who is the subject of the petition;
  36-12              (3)  the names and residence addresses, if known, of
  36-13  the parent, guardian, or custodian of the child and of the child's
  36-14  spouse, if any; <and>
  36-15              (4)  if the child's parent, guardian, or custodian does
  36-16  not reside or cannot be found in the state, or if their places of
  36-17  residence are unknown, the name and residence address of any known
  36-18  adult relative residing in the county or, if there is none, the
  36-19  name and residence address of the known adult relative residing
  36-20  nearest to the location of the court; and
  36-21              (5)  if the child is alleged to have engaged in
  36-22  habitual felony conduct, the previous adjudications in which the
  36-23  child was found to have engaged in conduct violating penal laws of
  36-24  the grade of felony.
  36-25        SECTION 26.  The heading of Section 53.045, Family Code, is
  36-26  amended to read as follows:
  36-27        Sec. 53.045.  VIOLENT OR HABITUAL OFFENDERS <REFERRAL TO
   37-1  GRAND JURY>.
   37-2        SECTION 27.  Sections 53.045(a) and (e), Family Code, are
   37-3  amended to read as follows:
   37-4        (a)  Except as provided by Subsection (e) of this section,
   37-5  the prosecuting attorney may refer the petition to the grand jury
   37-6  of the county in which the court in which the petition is filed
   37-7  presides if the petition alleges that the child engaged in
   37-8  delinquent conduct that constitutes habitual felony conduct as
   37-9  described by Section 51.031 or that included the violation of any
  37-10  of the following provisions <of the Penal Code>:
  37-11              (1)  Section 19.02, Penal Code (murder);
  37-12              (2)  Section 19.03, Penal Code (capital murder);
  37-13              (3)  Section 20.04, Penal Code (aggravated kidnapping);
  37-14              (4)  Section 22.011, Penal Code (sexual assault) or
  37-15  Section 22.021, Penal Code (aggravated sexual assault);
  37-16              (5)  Section 22.02, Penal Code (aggravated assault)
  37-17  <22.03 (deadly assault on a law-enforcement officer, corrections
  37-18  officer, or court participant)>; <or>
  37-19              (6)  Section 29.03, Penal Code (aggravated robbery);
  37-20              (7)  Section 22.04, Penal Code (injury to a child,
  37-21  elderly individual, or disabled individual), if the offense is
  37-22  punishable as a felony, other than a state jail felony;
  37-23              (8)  Section 22.05(b), Penal Code (felony deadly
  37-24  conduct involving discharging a firearm);
  37-25              (9)  Subchapter D, Chapter 481, Health and Safety Code,
  37-26  if the conduct constitutes a felony of the first degree or an
  37-27  aggravated controlled substance felony (certain offenses involving
   38-1  controlled substances);
   38-2              (10)  Section 15.03, Penal Code (criminal
   38-3  solicitation);
   38-4              (11)  Section 21.11(a)(1), Penal Code (indecency with a
   38-5  child);
   38-6              (12)  Section 15.031, Penal Code (criminal solicitation
   38-7  of a minor); or
   38-8              (13)  Section 15.01, Penal Code (criminal attempt), if
   38-9  the offense attempted was an offense under Section 19.02, Penal
  38-10  Code (murder) or Section 19.03, Penal Code (capital murder), or an
  38-11  offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal
  38-12  Procedure.
  38-13        (e)  The prosecuting attorney may not refer a petition that
  38-14  alleges the child engaged in conduct that violated Section
  38-15  22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and (2)(B),
  38-16  Penal Code, unless the child is more than three <two> years older
  38-17  than the victim of the conduct.
  38-18        SECTION 28.  Section 53.05(b), Family Code, is amended to
  38-19  read as follows:
  38-20        (b)  The time set for the hearing shall not be later than 10
  38-21  working days after the day the petition was filed if:
  38-22              (1)  the child is in detention; or
  38-23              (2)  the child will be taken into custody under Section
  38-24  53.06(d) of this code.
  38-25        SECTION 29.  Section 53.06(c), Family Code, is amended to
  38-26  read as follows:
  38-27        (c)  The court may endorse on the summons an order <directing
   39-1  the parent, guardian, or custodian of the child to appear
   39-2  personally at the hearing and> directing the person having the
   39-3  physical custody or control of the child to bring the child to the
   39-4  hearing.  A person who violates an order entered under this
   39-5  subsection may be proceeded against under Section 53.08 or 54.07 of
   39-6  this code.
   39-7        SECTION 30.  Chapter 53, Family Code, is amended by adding
   39-8  Section 53.08 to read as follows:
   39-9        Sec. 53.08.  WRIT OF ATTACHMENT.  (a)  The juvenile court may
  39-10  issue a writ of attachment for a person who violates an order
  39-11  entered under Section 53.06(c).
  39-12        (b)  A writ of attachment issued under this section is
  39-13  executed in the same manner as in a criminal proceeding as provided
  39-14  by Chapter 24, Code of Criminal Procedure.
  39-15        SECTION 31.  Section 54.01, Family Code, is amended by
  39-16  amending Subsections (h) and (l) and adding Subsections (n) and (o)
  39-17  to read as follows:
  39-18        (h)  A detention order extends to the conclusion of the
  39-19  disposition hearing, if there is one, but in no event for more than
  39-20  10 working days.  Further detention orders may be made following
  39-21  subsequent detention hearings.  The initial detention hearing may
  39-22  not be waived but subsequent <Subsequent> detention hearings may be
  39-23  waived in accordance with the requirements of Section 51.09 of this
  39-24  code.  Each subsequent<, but each> detention order shall extend for
  39-25  no more than 10 working days.
  39-26        (l)  The juvenile board or, if there is none, the juvenile
  39-27  court, may appoint a referee to conduct the detention hearing.  The
   40-1  referee shall be an attorney licensed to practice law in this
   40-2  state.  Such payment or additional payment as may be warranted for
   40-3  referee services shall be provided from county funds.  Before
   40-4  commencing the detention hearing, the referee shall inform the
   40-5  parties who have appeared that they are entitled to have the
   40-6  hearing before the juvenile court judge or a substitute judge
   40-7  authorized by Section 51.04(f) of this code.  If a party objects to
   40-8  the referee conducting the detention hearing, an authorized judge
   40-9  shall conduct the hearing within 24 hours.  At the conclusion of
  40-10  the hearing, the referee shall transmit written findings and
  40-11  recommendations to the juvenile court judge or substitute judge.
  40-12  The juvenile court judge or substitute judge shall adopt, modify,
  40-13  or reject the referee's recommendations not later than the next
  40-14  working day after the day that the judge receives the
  40-15  recommendations <within 24 hours>.  Failure to act within that time
  40-16  results in release of the child by operation of law.  A
  40-17  recommendation that the child be released operates to secure his
  40-18  immediate release, subject to the power of the juvenile court judge
  40-19  or substitute judge to reject or modify that recommendation.  The
  40-20  effect of an order detaining a child shall be computed from the
  40-21  time of the hearing before the referee.
  40-22        (n)  An attorney appointed by the court under Section
  40-23  51.10(c) because a determination was made under this section to
  40-24  detain a child who was not represented by an attorney may request
  40-25  on behalf of the child and is entitled to a de novo detention
  40-26  hearing under this section.  The attorney must make the request not
  40-27  later than the 10th working day after the date the attorney is
   41-1  appointed.  The hearing must take place not later than the second
   41-2  working day after the date the attorney filed a formal request with
   41-3  the court for a hearing.
   41-4        (o)  The court or referee shall find whether there is
   41-5  probable cause to believe that a child taken into custody without
   41-6  an arrest warrant or a directive to apprehend has engaged in
   41-7  delinquent conduct or conduct indicating a need for supervision.
   41-8  The court or referee must make the finding within 48 hours,
   41-9  including weekends and holidays, of the time the child was taken
  41-10  into custody.  The court or referee may make the finding on any
  41-11  reasonably reliable information without regard to admissibility of
  41-12  that information under the Texas Rules of Criminal Evidence.  A
  41-13  finding of probable cause is required to detain a child after the
  41-14  48th hour after the time the child was taken into custody.  If a
  41-15  court or referee finds probable cause, additional findings of
  41-16  probable cause are not required in the same cause to authorize
  41-17  further detention.
  41-18        SECTION 32.  Chapter 54, Family Code, is amended by adding
  41-19  Section 54.011 to read as follows:
  41-20        Sec. 54.011.  DETENTION HEARINGS FOR STATUS OFFENDERS AND
  41-21  NONOFFENDERS.  (a)  The detention hearing for a status offender or
  41-22  nonoffender who has not been released administratively under
  41-23  Section 53.02 shall be held before the 24th hour after the time the
  41-24  child arrived at the designated detention facility, excluding hours
  41-25  of a weekend or a holiday.  Except as otherwise provided by this
  41-26  section, the judge or referee conducting the detention hearing
  41-27  shall release the status offender or nonoffender from secure
   42-1  detention.
   42-2        (b)  The judge or referee may order a child in detention
   42-3  accused of the violation of a valid court order as defined by
   42-4  Section 51.02 detained not longer than 72 hours after the time the
   42-5  detention order was entered, excluding weekends and holidays, if:
   42-6              (1)  the judge or referee finds at the detention
   42-7  hearing that there is probable cause to believe the child violated
   42-8  the valid court order; and
   42-9              (2)  the detention of the child is justified under
  42-10  Section 54.01(e)(1), (2), or (3).
  42-11        (c)  Except as provided by Subsection (d), a detention order
  42-12  entered under Subsection (b) may be extended for one additional
  42-13  72-hour period, excluding weekends and holidays, only on a finding
  42-14  of good cause by the juvenile court.
  42-15        (d)  A detention order for a child under this section may be
  42-16  extended on the demand of the child's attorney only to allow the
  42-17  time that is necessary to comply with the requirements of Section
  42-18  51.10(h), entitling the attorney to 10 days to prepare for an
  42-19  adjudication hearing.
  42-20        (e)  A status offender may be detained for a necessary
  42-21  period, not to exceed five days, to enable the child's return to
  42-22  the child's home in another state under Chapter 60.
  42-23        SECTION 33.  Chapter 54, Family Code, is amended by adding
  42-24  Section 54.012 to read as follows:
  42-25        Sec. 54.012.  INTERACTIVE VIDEO RECORDING OF DETENTION
  42-26  HEARING.  (a)  A detention hearing under Section 54.01, other than
  42-27  the first detention hearing, may be held using interactive video
   43-1  equipment if:
   43-2              (1)  the child and the child's attorney agree to the
   43-3  video hearing; and
   43-4              (2)  the parties to the proceeding have the opportunity
   43-5  to cross-examine witnesses.
   43-6        (b)  A detention hearing may not be held using video
   43-7  equipment unless the video equipment for the hearing provides for a
   43-8  two-way communication of image and sound among the child, the
   43-9  court, and other parties at the hearing.
  43-10        (c)  A recording of the communications shall be made.  The
  43-11  recording shall be preserved until the earlier of:
  43-12              (1)  the 91st day after the date on which the recording
  43-13  is made if the child is alleged to have engaged in conduct
  43-14  constituting a misdemeanor;
  43-15              (2)  the 120th day after the date on which the
  43-16  recording is made if the child is alleged to have engaged in
  43-17  conduct constituting a felony; or
  43-18              (3)  the date on which the adjudication hearing ends.
  43-19        (d)  An attorney for the child may obtain a copy of the
  43-20  recording on payment of the reasonable costs of reproducing the
  43-21  copy.
  43-22        SECTION 34.  Section 54.02, Family Code, is amended by
  43-23  amending Subsections (a), (f), (g), (h), (i), and (j) and adding
  43-24  Subsections (m) and (n) to read as follows:
  43-25        (a)  The juvenile court may waive its exclusive original
  43-26  jurisdiction and transfer a child to the appropriate district court
  43-27  or criminal district court for criminal proceedings if:
   44-1              (1)  the child is alleged to have violated a penal law
   44-2  of the grade of felony;
   44-3              (2)  the child was:
   44-4                    (A)  14 <15> years of age or older at the time he
   44-5  is alleged to have committed the offense, if the offense is a
   44-6  capital felony, an aggravated controlled substance felony,  or a
   44-7  felony of the first degree, and no adjudication hearing has been
   44-8  conducted concerning that offense; or
   44-9                    (B)  15 years of age or older at the time the
  44-10  child is alleged to have committed the offense, if the offense is a
  44-11  felony of the second or third degree or a state jail felony, and no
  44-12  adjudication hearing has been conducted concerning that offense;
  44-13  and
  44-14              (3)  after a full investigation and a hearing, the
  44-15  juvenile court determines that there is probable cause to believe
  44-16  that the child before the court committed the offense alleged and
  44-17  that because of the seriousness of the offense alleged or the
  44-18  background of the child the welfare of the community requires
  44-19  criminal proceedings.
  44-20        (f)  In making the determination required by Subsection (a)
  44-21  of this section, the court shall consider, among other matters:
  44-22              (1)  whether the alleged offense was against person or
  44-23  property, with greater weight in favor of transfer given to
  44-24  offenses against the person;
  44-25              (2)  <whether the alleged offense was committed in an
  44-26  aggressive and premeditated manner;>
  44-27              <(3)  whether there is evidence on which a grand jury
   45-1  may be expected to return an indictment;>
   45-2              <(4)>  the sophistication and maturity of the child;
   45-3              (3) <(5)>  the record and previous history of the
   45-4  child; and
   45-5              (4) <(6)>  the prospects of adequate protection of the
   45-6  public and the likelihood of the rehabilitation of the child by use
   45-7  of procedures, services, and facilities currently available to the
   45-8  juvenile court.
   45-9        (g)  If the petition alleges multiple offenses that
  45-10  constitute more than one criminal transaction, the juvenile court
  45-11  shall either retain or transfer all offenses relating to a single
  45-12  transaction.  A  <juvenile court retains jurisdiction, the> child
  45-13  is not subject to criminal prosecution at any time for any offense
  45-14  arising out of a criminal transaction for which the juvenile court
  45-15  retains jurisdiction <alleged in the petition or for any offense
  45-16  within the knowledge of the juvenile court judge as evidenced by
  45-17  anything in the record of the proceedings>.
  45-18        (h)  If the juvenile court waives jurisdiction, it shall
  45-19  state specifically in the order its reasons for waiver and certify
  45-20  its action, including the written order and findings of the court,
  45-21  and shall transfer the person <child> to the appropriate court for
  45-22  criminal proceedings.  On transfer of the person <child> for
  45-23  criminal proceedings, the person <he> shall be dealt with as an
  45-24  adult and in accordance with the Code of Criminal Procedure.  The
  45-25  transfer of custody is an arrest.  <The court to which the child is
  45-26  transferred shall determine if good cause exists for an examining
  45-27  trial.  If there is no good cause for an examining trial, the court
   46-1  shall refer the case to the grand jury.  If there is good cause for
   46-2  an examining trial, the court shall conduct an examining trial and
   46-3  may remand the child to the jurisdiction of the juvenile court.>
   46-4        (i)  A waiver under this section is a waiver of jurisdiction
   46-5  over the child and the criminal court may not remand the child to
   46-6  the jurisdiction of the juvenile court.  <If the child's case is
   46-7  brought to the attention of the grand jury and the grand jury does
   46-8  not indict for the offense charged in the complaint forwarded by
   46-9  the juvenile court, the district court or criminal district court
  46-10  shall certify the grand jury's failure to indict to the juvenile
  46-11  court.  On receipt of the certification, the juvenile court may
  46-12  resume jurisdiction of the case.>
  46-13        (j)  The juvenile court may waive its exclusive original
  46-14  jurisdiction and transfer a person to the appropriate district
  46-15  court or criminal district court for criminal proceedings if:
  46-16              (1)  the person is 18 years of age or older;
  46-17              (2)  the person was:
  46-18                    (A)  14 <15> years of age or older and under 17
  46-19  years of age at the time he is alleged to have committed a capital
  46-20  felony, an aggravated controlled substance felony,  or a felony of
  46-21  the first degree; or
  46-22                    (B)  15 years of age or older and under 17 years
  46-23  of age at the time the person is alleged to have committed a felony
  46-24  of the second or third degree or a state jail felony;
  46-25              (3)  no adjudication concerning the alleged offense has
  46-26  been made or no adjudication hearing concerning the offense has
  46-27  been conducted;
   47-1              (4)  the juvenile court finds from a preponderance of
   47-2  the evidence that:
   47-3                    (A)  for a reason beyond the control of the state
   47-4  it was not practicable to proceed in juvenile court before the 18th
   47-5  birthday of the person; or
   47-6                    (B)  after due diligence of the state it was not
   47-7  practicable to proceed in juvenile court before the 18th birthday
   47-8  of the person because:
   47-9                          (i) <(A)>  the state did not have probable
  47-10  cause to proceed in juvenile court and new evidence has been found
  47-11  since the 18th birthday of the person; <or>
  47-12                          (ii) <(B)>  the person could not be found;
  47-13  or
  47-14                          (iii)  a previous transfer order was
  47-15  reversed by an appellate court or set aside by a district court;
  47-16  and
  47-17              (5)  the juvenile court determines that there is
  47-18  probable cause to believe that the child before the court committed
  47-19  the offense alleged.
  47-20        (m)  Notwithstanding any other provision of this section, the
  47-21  juvenile court shall waive its exclusive original jurisdiction and
  47-22  transfer a child to the appropriate district court or criminal
  47-23  court for criminal proceedings if:
  47-24              (1)  the child has previously been transferred to a
  47-25  district court or criminal district court for criminal proceedings
  47-26  under this section, unless:
  47-27                    (A)  the child was not indicted in the matter
   48-1  transferred by the grand jury;
   48-2                    (B)  the child was found not guilty in the matter
   48-3  transferred;
   48-4                    (C)  the matter transferred was dismissed with
   48-5  prejudice; or
   48-6                    (D)  the child was convicted in the matter
   48-7  transferred, the conviction was reversed on appeal, and the appeal
   48-8  is final; and
   48-9              (2)  the child is alleged to have violated a penal law
  48-10  of the grade of felony.
  48-11        (n)  A mandatory transfer under Subsection (m) may be made
  48-12  without conducting the study required in discretionary transfer
  48-13  proceedings by Subsection (d).  The requirements of Subsection (b)
  48-14  that the summons state that the purpose of the hearing is to
  48-15  consider discretionary transfer to criminal court does not apply to
  48-16  a transfer proceeding under Subsection (m).  In a proceeding under
  48-17  Subsection (m), it is sufficient that the summons provide fair
  48-18  notice that the purpose of the hearing is to consider mandatory
  48-19  transfer to criminal court.
  48-20        SECTION 35.  Section 54.021, Family Code, is amended to read
  48-21  as follows:
  48-22        Sec. 54.021.  JUSTICE OR MUNICIPAL COURT:  TRUANCY.  (a)  The
  48-23  juvenile court may waive its exclusive original jurisdiction and
  48-24  transfer a child to an appropriate justice or municipal court, with
  48-25  the permission of the justice or municipal court, for disposition
  48-26  in the manner provided by Subsection (b) of this section if the
  48-27  child is alleged to have engaged in conduct described in Section
   49-1  51.03(b)(2) of this code.  A waiver of jurisdiction under this
   49-2  subsection may be for an individual case or for all cases in which
   49-3  a child is alleged to have engaged in conduct described in Section
   49-4  51.03(b)(2) of this code.  The waiver of a juvenile court's
   49-5  exclusive original jurisdiction for all cases in which a child is
   49-6  alleged to have engaged in conduct described in Section 51.03(b)(2)
   49-7  of this code is effective for a period of one year.
   49-8        (b)  A justice or municipal court may exercise jurisdiction
   49-9  over a person <child> alleged to have engaged in conduct indicating
  49-10  a need for supervision by engaging in conduct described in Section
  49-11  51.03(b)(2) in a case where the juvenile court has waived its
  49-12  original jurisdiction under this section.  A justice or municipal
  49-13  court may exercise jurisdiction under this section without regard
  49-14  to whether the justice of the peace or municipal judge for the
  49-15  court is a licensed attorney or the hearing for a case is before a
  49-16  jury consisting of six persons.
  49-17        (c)  On a finding that a person <child> has engaged in
  49-18  conduct described by Section 51.03(b)(2), the justice or municipal
  49-19  court shall enter an order appropriate to the nature of the
  49-20  conduct.
  49-21        (d)  On a finding by the justice or municipal court that the
  49-22  person <child> has engaged in truant conduct and that the conduct
  49-23  is of a recurrent nature, the court has jurisdiction to <may> enter
  49-24  an order that includes one or more of the following provisions
  49-25  requiring that:
  49-26              (1)  the person <child> attend a preparatory class for
  49-27  the high school equivalency examination provided under Section
   50-1  11.35, Education Code, if the court determines that the person
   50-2  <child> is too old to do well in a formal classroom environment;
   50-3              (2)  the person <child> attend a special program that
   50-4  the court determines to be in the best interests of the person
   50-5  <child>, including an alcohol and drug abuse program;
   50-6              (3)  the person <child> and the person's <child's>
   50-7  parents, managing conservator, or guardian attend a class for
   50-8  students at risk of dropping out of school designed for both the
   50-9  person <child> and the person's <child's> parents, managing
  50-10  conservator, or guardian;
  50-11              (4)  the person <child> complete reasonable community
  50-12  service requirements;
  50-13              (5)  the person's <child's> driver's license be
  50-14  suspended in the manner provided by Section 54.042 of this code;
  50-15              (6)  the person <child> attend school without unexcused
  50-16  absences; or
  50-17              (7)  the person <child> participate in a tutorial
  50-18  program provided by the school attended by the person <child> in
  50-19  the academic subjects in which the person <child> is enrolled for a
  50-20  total number of hours ordered by the court.
  50-21        (e)  An order under Subsection (d)(3) that requires the
  50-22  parent, managing conservator, or guardian of a person to attend a
  50-23  class for students at risk of dropping out of school <(d) of this
  50-24  section> is enforceable in the justice court by contempt.
  50-25        (f)  A school attendance officer may refer a person <child>
  50-26  alleged to have engaged in conduct described in Section 51.03(b)(2)
  50-27  of this code to the justice court in the precinct where the person
   51-1  <child> resides or in the precinct where the person's <child's>
   51-2  school is located if the juvenile court having exclusive original
   51-3  jurisdiction has waived its jurisdiction as provided by Subsection
   51-4  (a) of this section for all cases involving conduct described by
   51-5  Section 51.03(b)(2) of this code.
   51-6        (g)  A court having jurisdiction under this section shall
   51-7  endorse on the summons issued to the parent, guardian, or custodian
   51-8  of the person <child> who is the subject of the hearing an order
   51-9  directing the parent, guardian, or custodian to appear personally
  51-10  at the hearing and directing the person having custody of the
  51-11  person <child> to bring the person <child> to the hearing.
  51-12        (h)  A person commits an offense if the person is a parent,
  51-13  guardian, or custodian who fails to attend a hearing under this
  51-14  section after receiving notice under Subsection (g) of this section
  51-15  that the person's attendance was required.  An offense under this
  51-16  subsection is a Class C misdemeanor.
  51-17        SECTION 36.  Chapter 54, Family Code, is amended by adding
  51-18  Section 54.022 to read as follows:
  51-19        Sec. 54.022.  JUSTICE OR MUNICIPAL COURT:  CERTAIN
  51-20  MISDEMEANORS.  (a)  On a finding by a justice or municipal court
  51-21  that a child committed a misdemeanor offense punishable by fine
  51-22  only other than a traffic offense or public intoxication or
  51-23  committed a violation of a penal ordinance of a political
  51-24  subdivision other than a traffic offense, the court has
  51-25  jurisdiction to enter an order:
  51-26              (1)  referring the child or the child's parents,
  51-27  managing conservators, or guardians for services under Section
   52-1  264.302; or
   52-2              (2)  requiring that the child attend a special program
   52-3  that the court determines to be in the best interest of the child
   52-4  and that is approved by the county commissioners court, including a
   52-5  rehabilitation, counseling, self-esteem and leadership, work and
   52-6  job skills training, job interviewing and work preparation,
   52-7  self-improvement, parenting, manners, violence avoidance, tutoring,
   52-8  sensitivity training, parental responsibility, community service,
   52-9  restitution, advocacy, or mentoring program.
  52-10        (b)  On a finding by a justice or municipal court that a
  52-11  child committed an offense described by Subsection (a) and that the
  52-12  child has previously been convicted of an offense described by
  52-13  Subsection (a), the court has the jurisdiction to enter an order
  52-14  that includes one or more of the following provisions, in addition
  52-15  to the provisions under Subsection (a), requiring that:
  52-16              (1)  the child attend a special program that the court
  52-17  determines to be in the best interest of the child and that is
  52-18  approved by the county commissioners court;
  52-19              (2)  the child's parents, managing conservator, or
  52-20  guardian attend a parenting class or parental responsibility
  52-21  program if the court finds the parent, managing conservator, or
  52-22  guardian, by wilful act or omission, contributed to, caused, or
  52-23  encouraged the child's conduct; or
  52-24              (3)  the child and the child's parents, managing
  52-25  conservator, or guardian attend the child's school classes or
  52-26  functions if the court finds the parent, managing conservator, or
  52-27  guardian, by wilful act or omission, contributed to, caused, or
   53-1  encouraged the child's conduct.
   53-2        (c)  The justice or municipal court may order the parents,
   53-3  managing conservator, or guardian of a child required to attend a
   53-4  program under Subsection (a) or (b) to pay an amount not greater
   53-5  than $100 to pay for the costs of the program.
   53-6        (d)  A justice or municipal court may require a child,
   53-7  parent, managing conservator, or guardian required to attend a
   53-8  program, class, or function under this section to submit proof of
   53-9  attendance to the court.
  53-10        (e)  A justice or municipal court shall endorse on the
  53-11  summons issued to a parent, managing conservator, or a guardian an
  53-12  order to appear personally at the hearing with the child.
  53-13        (f)  An order under this section involving a child is
  53-14  enforceable under Section 51.03(a)(3) by referral to the juvenile
  53-15  court.
  53-16        (g)  Any other order under this section is enforceable by the
  53-17  justice or municipal court by contempt.
  53-18        SECTION 37.  Section 54.03(d), Family Code, is amended to
  53-19  read as follows:
  53-20        (d)  Except as provided by Section 54.031 of this chapter,
  53-21  only material, relevant, and competent evidence in accordance with
  53-22  the Texas Rules of Criminal Evidence and Chapter 38, Code of
  53-23  Criminal Procedure, <requirements for the trial of civil cases> may
  53-24  be considered in the adjudication hearing.  Except in a detention
  53-25  or discretionary transfer hearing, a social history report or
  53-26  social service file shall not be viewed by the court before the
  53-27  adjudication decision and shall not be viewed by the jury at any
   54-1  time.
   54-2        SECTION 38.  Section 54.04, Family Code, is amended by
   54-3  amending Subsections (a), (d), (e), (g), (h), and (k) and adding
   54-4  Subsections (m)-(o) to read as follows:
   54-5        (a)  The disposition hearing shall be separate, distinct, and
   54-6  subsequent to the adjudication hearing.  There is no right to a
   54-7  jury at the disposition hearing unless the child is in jeopardy of
   54-8  a determinate sentence under Subsection (d)(3) or (m) of this
   54-9  section, in which case, the child is entitled to a jury of  12
  54-10  persons to determine the sentence.
  54-11        (d)  If the court or jury makes the finding specified in
  54-12  Subsection (c) of this section allowing the court to make a
  54-13  disposition in the case:
  54-14              (1)  the court or jury may, in addition to any order
  54-15  required or authorized under Section 54.041 or 54.042 of this code,
  54-16  place the child on probation on such reasonable and lawful terms as
  54-17  the court may determine:
  54-18                    (A)  in his own home or in the custody of a
  54-19  relative or other fit person; <or>
  54-20                    (B)  subject to the finding under Subsection (c)
  54-21  of this section on the placement of the child outside the child's
  54-22  home, in:
  54-23                          (i)  a suitable foster home; or
  54-24                          (ii)  a suitable public or private
  54-25  institution or agency, except the Texas Youth Commission; or
  54-26                    (C)  after an adjudication that the child engaged
  54-27  in delinquent conduct and subject to the finding under Subsection
   55-1  (c) on the placement of the child outside the child's home, in an
   55-2  intermediate sanction facility operated under Chapter 61, Human
   55-3  Resources Code;
   55-4              (2)  if the court or jury found at the conclusion of
   55-5  the adjudication hearing that the child engaged in delinquent
   55-6  conduct and if the petition was not approved by the grand jury
   55-7  under Section 53.045 of this code, the court may commit the child
   55-8  to the Texas Youth Commission without a determinate sentence; <or>
   55-9              (3)  if the court or jury found at the conclusion of
  55-10  the adjudication hearing that the child engaged in delinquent
  55-11  conduct that included  a violation of a penal law listed in Section
  55-12  53.045(a) of this code and if  the petition was approved by the
  55-13  grand jury under Section 53.045 of this code, the court or jury may
  55-14  sentence the child to commitment in the Texas Youth Commission with
  55-15  a possible transfer to the institutional division or the pardons
  55-16  and paroles division of the Texas Department of Criminal Justice
  55-17  for a <any> term of:
  55-18                    (A)  not more than <years not to exceed> 40 years
  55-19  if the conduct constitutes:
  55-20                          (i)  a capital felony;
  55-21                          (ii)  a felony of the first degree; or
  55-22                          (iii)  an aggravated controlled substance
  55-23  felony;
  55-24                    (B)  not more than 20 years if the conduct
  55-25  constitutes a felony of the second degree; or
  55-26                    (C)  not more than 10 years if the conduct
  55-27  constitutes a felony of the third degree;
   56-1              (4)  the court may assign the child an appropriate
   56-2  sanction level and sanctions as provided by the assignment
   56-3  guidelines in Section 59.003; or
   56-4              (5)  if applicable, the court or jury may make a
   56-5  disposition under Subsection (m) of this section.
   56-6        (e)  The Texas Youth Commission shall accept a person <child>
   56-7  properly committed to it by a juvenile court even though the person
   56-8  <child> may be 17 years of age or older at the time of commitment.
   56-9        (g)  If the court orders a disposition under Subsection
  56-10  (d)(3) or (m) of this section and there is an affirmative finding
  56-11  that the defendant used or exhibited a deadly weapon during the
  56-12  commission of the conduct or during immediate flight from
  56-13  commission of the conduct, the court shall enter the finding in the
  56-14  order.  If there is an affirmative finding that the deadly weapon
  56-15  was a firearm, the court shall enter that finding in the order.
  56-16        (h)  At the conclusion of the dispositional hearing, the
  56-17  court shall inform the child of:
  56-18              (1)  the child's <his> right to appeal, as required by
  56-19  Section 56.01 of this code; and
  56-20              (2)  the procedures for  the sealing of the child's
  56-21  records under Section 58.003 of this code.
  56-22        (k)  Except as provided by Subsection (m), the <The> period
  56-23  to which a court or jury may sentence a person <child> to
  56-24  commitment to the Texas Youth Commission with a transfer to the
  56-25  Texas Department of Criminal Justice under Subsection (d)(3) of
  56-26  this section applies without regard to whether the person <child>
  56-27  has previously been adjudicated as having engaged in delinquent
   57-1  conduct.
   57-2        (m)  The court or jury may sentence a child  adjudicated for
   57-3  habitual felony conduct as described by Section 51.031 to a term
   57-4  prescribed by Subsection (d)(3) and applicable to the conduct
   57-5  adjudicated in the pending case if:
   57-6              (1)  a petition was filed and approved by a grand jury
   57-7  under Section 53.045 alleging that the child engaged in habitual
   57-8  felony conduct; and
   57-9              (2)  the court or jury finds beyond a reasonable doubt
  57-10  that the allegation described by Subdivision (1) in the grand jury
  57-11  petition is true.
  57-12        (n)  A court may order a disposition of secure confinement of
  57-13  a status offender adjudicated for violating a valid court order
  57-14  only if:
  57-15              (1)  before the order is issued, the child received the
  57-16  full due process rights guaranteed by the Constitution of the
  57-17  United States or the Texas Constitution; and
  57-18              (2)  the juvenile probation department in a report
  57-19  authorized by Subsection (b):
  57-20                    (A)  reviewed the behavior of the child and the
  57-21  circumstances under which the child was brought before the court;
  57-22                    (B)  determined the reasons for the behavior that
  57-23  caused the child to be brought before the court; and
  57-24                    (C)  determined that all dispositions, including
  57-25  treatment, other than placement in a secure detention facility or
  57-26  secure correctional facility, have been exhausted or are clearly
  57-27  inappropriate.
   58-1        (o)  A status offender may not, under any circumstances, be
   58-2  committed to the Texas Youth Commission for engaging in conduct
   58-3  that would not, under state or local law, be a crime if committed
   58-4  by an adult.
   58-5        SECTION 39.  Section 54.041, Family Code, is amended by
   58-6  amending Subsections (b)-(e) and adding Subsections (f) and (g) to
   58-7  read as follows:
   58-8        (b)  If a child is found to have engaged in delinquent
   58-9  conduct or conduct indicating a need for supervision arising from
  58-10  the commission of an offense in which property damage or loss or
  58-11  personal injury occurred, the juvenile court, on notice to all
  58-12  persons affected and on hearing, may order the child or a parent to
  58-13  make full or partial restitution to the victim of the offense.  The
  58-14  program of restitution must promote the rehabilitation of the
  58-15  child, be appropriate to the age and physical, emotional, and
  58-16  mental abilities of the child, and not conflict with the child's
  58-17  schooling.  When practicable and subject to court supervision, the
  58-18  court may approve a restitution program based on a settlement
  58-19  between the child and the victim of the offense.  An order under
  58-20  this subsection may provide for periodic payments by the child or a
  58-21  parent of the child for the period specified in the order but that
  58-22  period may not extend past the date of the 18th birthday of the
  58-23  child or past the date the child is no longer enrolled in an
  58-24  accredited secondary school in a program leading toward a high
  58-25  school diploma, whichever date is later.  <If the child or parent
  58-26  is unable to make full or partial restitution or if a restitution
  58-27  order is not appropriate under the circumstances, the court may
   59-1  order the child to render personal services to a charitable or
   59-2  educational institution in the manner prescribed in the court order
   59-3  in lieu of restitution.>
   59-4        (c)  Restitution under this section is cumulative of any
   59-5  other remedy allowed by law and may be used in addition to other
   59-6  remedies; except that a victim of an offense is not entitled to
   59-7  receive more than actual damages under a juvenile court order.  <A
   59-8  city, town, or county that establishes a program to assist children
   59-9  in rendering personal services to a charitable or educational
  59-10  institution as authorized by this subsection may purchase insurance
  59-11  policies protecting the city, town, or county against claims
  59-12  brought by a person other than the child for a cause of action that
  59-13  arises from an act of the child while rendering those services.
  59-14  The city, town, or county is not liable under this Act to the
  59-15  extent that damages are recoverable under a contract of insurance
  59-16  or under a plan of self-insurance authorized by statute.  The
  59-17  liability of the city, town, or county for a cause of action that
  59-18  arises from an action of the child while rendering those services
  59-19  may not exceed $100,000 to a single person and $300,000 for a
  59-20  single occurrence in the case of personal injury or death, and
  59-21  $10,000 for a single occurrence of property damage.  Liability may
  59-22  not extend to punitive or exemplary damages.  This subsection does
  59-23  not waive a defense, immunity, or jurisdictional bar available to
  59-24  the city, town, or county or its officers or employees, nor shall
  59-25  this Act be construed to waive, repeal, or modify any provision of
  59-26  the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
  59-27  Texas Civil Statutes).>
   60-1        (d) <(c)>  A person subject to an order proposed under
   60-2  Subsection (a) of this section is entitled to a hearing on the
   60-3  order before the order is entered by the court.
   60-4        (e) <(d)>  An order made under this section may be enforced
   60-5  as provided by Section 54.07 of this code.
   60-6        (f) <(e)>  If a child is found to have engaged in conduct
   60-7  indicating a need for supervision described under Section
   60-8  51.03(b)(2) of this code, the court may order the child's parents
   60-9  or guardians to attend a class provided under Section 21.035(h),
  60-10  Education Code, if the school district in which the child's parents
  60-11  or guardians reside offers a class under that section.
  60-12        (g)  On a finding by the court that a child's parents or
  60-13  guardians have made a reasonable good faith effort to prevent the
  60-14  child from engaging in delinquent conduct or engaging in conduct
  60-15  indicating a need for supervision and that, despite the parents' or
  60-16  guardians' efforts, the child continues to engage in such conduct,
  60-17  the court shall waive any requirement for restitution that may be
  60-18  imposed on a parent under this section.
  60-19        SECTION 40.  Sections 54.042(b), (d), and (e), Family Code,
  60-20  are amended to read as follows:
  60-21        (b)  The order under Subsection (a)(1) of this section shall
  60-22  specify a period of suspension or denial that is<:>
  60-23              <(1)>  until the child reaches the age of 19 <17> or
  60-24  for a period of 365 days, whichever is longer<; or>
  60-25              <(2)  if the court finds that the child has engaged in
  60-26  conduct violating the laws of this state prohibiting driving while
  60-27  intoxicated, by reason of the introduction of alcohol into the
   61-1  body, under Article 6701l-1, Revised Statutes, and also determines
   61-2  that the child has previously been found to have engaged in conduct
   61-3  violating the same laws, until the child reaches the age of 19 or
   61-4  for a period of 365 days, whichever is longer>.
   61-5        (d)  A juvenile court, in a disposition hearing under Section
   61-6  54.04 of this code, may order the Department of Public Safety to
   61-7  suspend a child's driver's license or permit or, if the child does
   61-8  not have a license or permit, to deny the issuance of a license or
   61-9  permit to the child for a period not to exceed 12 <six> months if
  61-10  the court finds that the child has engaged in conduct in need of
  61-11  supervision or delinquent conduct other than the conduct described
  61-12  by Subsection (a) of this section.
  61-13        (e)  A juvenile court that places a child on probation under
  61-14  Section 54.04 of this code may require as a reasonable condition of
  61-15  the probation that if the child violates the probation, the court
  61-16  may order the Department of Public Safety to suspend the child's
  61-17  driver's license or permit or, if the child does not have a license
  61-18  or permit, to deny the issuance of a license or permit to the child
  61-19  for a period not to exceed 12 <six> months.  The court may make
  61-20  this order if a child that is on probation under this condition
  61-21  violates the probation.  A suspension under this subsection is
  61-22  cumulative of any other suspension under this section.
  61-23        SECTION 41.  Chapter 54, Family Code, is amended by adding
  61-24  Sections 54.044 and 54.045 to read as follows:
  61-25        Sec. 54.044.  COMMUNITY SERVICE.  (a)  If the court places a
  61-26  child on probation under Section 54.04(d), the court shall require
  61-27  as a condition of probation that the child work a specified number
   62-1  of hours at a community service project approved by the court and
   62-2  designated by the juvenile board as provided by Subsection (e),
   62-3  unless the court determines and enters a finding on the order
   62-4  placing the child on probation that:
   62-5              (1)  the child is physically or mentally incapable of
   62-6  participating in the project;
   62-7              (2)  participating in the project will be a hardship on
   62-8  the child or the family of the child; or
   62-9              (3)  the child has shown good cause that community
  62-10  service should not be required.
  62-11        (b)  The court may also order under this section that the
  62-12  child's parent perform community service with the child.
  62-13        (c)  The court shall order that the child and the child's
  62-14  parent perform a total of not more than 500 hours of community
  62-15  service under this section.
  62-16        (d)  A municipality or county that establishes a program to
  62-17  assist children and their parents in rendering community service
  62-18  under this section may purchase insurance policies protecting the
  62-19  municipality or county against claims brought by a person other
  62-20  than the child or the child's parent for a cause of action that
  62-21  arises from an act of the child or parent while rendering community
  62-22  service.  The municipality or county is not liable under this
  62-23  section to the extent that damages are recoverable under a contract
  62-24  of insurance or under a plan of self-insurance authorized by
  62-25  statute.  The liability of the municipality or county for a cause
  62-26  of action that arises from an action of the child or the child's
  62-27  parent while rendering community service may not exceed $100,000 to
   63-1  a single person and $300,000 for a single occurrence in the case of
   63-2  personal injury or death, and $10,000 for a single occurrence of
   63-3  property damage.  Liability may not extend to punitive or exemplary
   63-4  damages.   This subsection does not waive a defense, immunity, or
   63-5  jurisdictional bar available to the municipality or county or its
   63-6  officers or employees, nor shall this section be construed to
   63-7  waive, repeal, or modify any provision of Chapter 101, Civil
   63-8  Practice and Remedies Code.
   63-9        (e)  For the purposes of this section, a court may submit to
  63-10  the juvenile probation department a list of organizations or
  63-11  projects approved by the court for community service.  The juvenile
  63-12  probation department may:
  63-13              (1)  designate an organization or project for community
  63-14  service only from the list submitted by the court; and
  63-15              (2)  reassign or transfer a child to a different
  63-16  organization or project on the list submitted by the court under
  63-17  this subsection without court approval.
  63-18        (f)  A person subject to an order proposed under Subsection
  63-19  (a) or (b) is entitled to a hearing on the order before the order
  63-20  is entered by the court.
  63-21        (g)  On a finding by the court that a child's parents or
  63-22  guardians have made a reasonable good faith effort to prevent the
  63-23  child from engaging in delinquent conduct or engaging in conduct
  63-24  indicating a need for supervision and that, despite the parents' or
  63-25  guardians' efforts, the child continues to engage in such conduct,
  63-26  the court shall waive any requirement for community service that
  63-27  may be imposed on a parent under this section.
   64-1        (h)  An order made under this section may be enforced as
   64-2  provided by Section 54.07.
   64-3        Sec. 54.045.  ADMISSION OF UNADJUDICATED CONDUCT.  (a)
   64-4  During a disposition hearing under Section 54.04, a child may:
   64-5              (1)  admit having engaged in delinquent conduct or
   64-6  conduct indicating a need for supervision for which the child has
   64-7  not been adjudicated; and
   64-8              (2)  request the court to take the admitted conduct
   64-9  into account in the disposition of the child.
  64-10        (b)  If the prosecuting attorney agrees in writing, the court
  64-11  may take the admitted conduct into account in the disposition of
  64-12  the child.
  64-13        (c)  A court may take into account admitted conduct over
  64-14  which exclusive venue lies in another county only if the court
  64-15  obtains the written permission of the prosecuting attorney for that
  64-16  county.
  64-17        (d)  A child may not be adjudicated by any court for having
  64-18  engaged in conduct taken into account under this section, except
  64-19  that, if the conduct taken into account included conduct over which
  64-20  exclusive venue lies in another county and the written permission
  64-21  of the prosecuting attorney of that county was not obtained, the
  64-22  child may be adjudicated for that conduct, but the child's
  64-23  admission under this section may not be used against the child in
  64-24  the adjudication.
  64-25        SECTION 42.  Section 54.05(f), Family Code, is amended to
  64-26  read as follows:
  64-27        (f)  A disposition based on a finding that the child engaged
   65-1  in delinquent conduct may be modified so as to commit the child to
   65-2  the Texas Youth Commission if the court after a hearing to modify
   65-3  disposition finds by a preponderance of the evidence <beyond a
   65-4  reasonable doubt> that the child violated a reasonable and lawful
   65-5  order of the court.  A disposition based on a finding that the
   65-6  child engaged in habitual felony conduct as described by Section
   65-7  51.031 of this code or in <a> delinquent conduct that included a
   65-8  violation of a penal law listed in Section 53.045(a) of this code
   65-9  may be modified to commit the child to the Texas Youth Commission
  65-10  with a possible transfer to the institutional division or the
  65-11  pardons and paroles division of the Texas Department of Criminal
  65-12  Justice for a definite term prescribed by Section 54.04(d)(3) of
  65-13  this code <not to exceed 40 years> if the original petition was
  65-14  approved by the grand jury under Section 53.045 of this code and if
  65-15  after a hearing to modify the disposition the court or jury finds
  65-16  that the child violated a reasonable and lawful order of the court.
  65-17        SECTION 43.  Section 54.06, Family Code, as amended by
  65-18  Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
  65-19  Session, 1993, is amended by amending Subsection (c) and adding
  65-20  Subsections (d), (e), and (f) to read as follows:
  65-21        (c)  A court may enforce an order for support under this
  65-22  section by ordering garnishment of the wages of the person ordered
  65-23  to pay support or by any other means available to enforce a child
  65-24  support order under Title 5.
  65-25        (d)  An order <(c)  Orders> for support may be enforced as
  65-26  provided in Section 54.07 of this code.
  65-27        (e)  The court shall apply the child support guidelines under
   66-1  Subchapter C, Chapter 154, in an order requiring the payment of
   66-2  child support under this section.  The court shall also require in
   66-3  an order to pay child support under this section that health
   66-4  insurance be provided for the child.  Subchapter D, Chapter 154,
   66-5  applies to an order requiring health insurance for a child under
   66-6  this section.
   66-7        (f)  An order under this section prevails over any previous
   66-8  child support order issued with regard to the child to the extent
   66-9  of any conflict between the orders.
  66-10        SECTION 44.  Section 54.061, Family Code, is amended by
  66-11  adding Subsection (d) to read as follows:
  66-12        (d)  If the court finds that a child, parent, or other person
  66-13  responsible for the child's support is financially unable to pay
  66-14  the probation fee required under Subsection (a), the court shall
  66-15  enter into the records of the child's case a statement of that
  66-16  finding.  The court may waive a fee under this section only if the
  66-17  court makes the finding under this subsection.
  66-18        SECTION 45.  Section 54.08, Family Code, is amended to read
  66-19  as follows:
  66-20        Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as
  66-21  provided by Subsection (b), the court shall open <Except for any
  66-22  hearing on a petition that has been approved by the grand jury
  66-23  under Section 53.045 of this code and in which the child is subject
  66-24  to a determinate sentence, the general public may be excluded from>
  66-25  hearings under this title to the public unless the court, for good
  66-26  cause shown, determines that the public should be excluded.
  66-27        (b)  The court may not prohibit a person who is a victim of
   67-1  the conduct of a child from personally attending a hearing under
   67-2  this title relating to the conduct by the child unless the victim
   67-3  is to testify in the hearing or any subsequent hearing relating to
   67-4  the conduct and the court determines that the victim's testimony
   67-5  would be materially affected if the victim hears other testimony at
   67-6  trial <in its discretion may admit such members of the general
   67-7  public as it deems proper>.
   67-8        SECTION 46.  Section 54.11, Family Code, is amended to read
   67-9  as follows:
  67-10        Sec. 54.11.  RELEASE OR TRANSFER HEARING.  (a)  On receipt of
  67-11  a referral <notice required> under Section 61.079(a), Human
  67-12  Resources Code, for  <of> the transfer to the institutional
  67-13  division of the Texas Department of Criminal Justice <Corrections>
  67-14  of a person committed to the Texas Youth Commission under Section
  67-15  54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>, or on
  67-16  receipt of a request by the commission under Section 61.081(g)
  67-17  <(f)>, Human Resources  Code, for approval of the  release under
  67-18  supervision of a person committed to the commission under Section
  67-19  54.04(d)(3), 54.04(m), or 54.05(f) <a determinate sentence>,  the
  67-20  court shall set a time and place for a hearing on the release of
  67-21  the person.
  67-22        (b)  The court shall notify the following of the time and
  67-23  place of the hearing:
  67-24              (1)  the person to be transferred or released under
  67-25  supervision;
  67-26              (2)  the parents of the person;
  67-27              (3)  any legal custodian of the person, including the
   68-1  Texas Youth Commission;
   68-2              (4)  the office of the prosecuting  attorney that
   68-3  represented the state in the juvenile delinquency proceedings;
   68-4              (5)  the victim of the offense that was included in the
   68-5  delinquent conduct that was a ground  for the disposition, or a
   68-6  member of the victim's family; and
   68-7              (6)  any other person who has filed a written request
   68-8  with the court to be notified of  a release hearing with respect to
   68-9  the person to be transferred or released under supervision.
  68-10        (c)  Except for the person to be transferred or released
  68-11  under supervision and the prosecuting attorney, the failure to
  68-12  notify a person listed in Subsection (b) of this section does not
  68-13  affect the validity of a <release> hearing conducted or <a release>
  68-14  determination made under this section if the record in the case
  68-15  reflects that the whereabouts of the persons who  did not receive
  68-16  notice were unknown to the court and a reasonable effort was made
  68-17  by the court to locate those persons.
  68-18        (d)  At a <release> hearing under this section the court may
  68-19  consider written reports from probation officers, professional
  68-20  court employees, or professional consultants, in addition to the
  68-21  testimony of witnesses.  At least one day before the <release>
  68-22  hearing, the court shall provide the attorney for the person to be
  68-23  transferred or released under supervision with access to all
  68-24  written matter to be considered by the court.
  68-25        (e)  At the <any release> hearing, the person to be
  68-26  transferred or  released under supervision is entitled to an
  68-27  attorney, to examine all witnesses against him, to present evidence
   69-1  and oral argument, and to previous examination of all reports on
   69-2  and evaluations and examinations of or relating to him that may be
   69-3  used in the hearing.
   69-4        (f)  A <release> hearing under this section is open to the
   69-5  public unless the person to be transferred or released under
   69-6  supervision waives a public hearing with the consent of his
   69-7  attorney and the court.
   69-8        (g)  A <release> hearing under this section must be recorded
   69-9  by a court reporter or by audio or video tape recording, and the
  69-10  record of the hearing must be retained by the court for at least
  69-11  two years after the date of the final determination on the transfer
  69-12  or release of the person by the court.
  69-13        (h)  The <release> hearing on a person who is referred for
  69-14  <the subject of a notice of> transfer under Section 61.079(a),
  69-15  Human Resources Code, shall <must> be held not later than the 60th
  69-16  day after the date the court receives the referral <before 30 days
  69-17  before the person's 18th birthday>.
  69-18        (i)  On conclusion of the <release> hearing on a person who
  69-19  is referred for <the subject of a notice of> transfer under Section
  69-20  61.079(a), Human Resources Code, the court may order:
  69-21              (1)  the return <recommitment> of the person to the
  69-22  Texas Youth  Commission <without a determinate sentence>; or
  69-23              (2)  the transfer of the person to the custody of the
  69-24  institutional division of the Texas Department of Criminal Justice
  69-25  for the completion of the person's <determinate> sentence<; or>
  69-26              <(3)  the final discharge of the person>.
  69-27        (j)  On conclusion of the hearing on a person who is referred
   70-1  for release under supervision under Section 61.081(f), Human
   70-2  Resources Code, the court may order the return of the person to the
   70-3  Texas Youth Commission:
   70-4              (1)  with approval for the release of the person under
   70-5  supervision; or
   70-6              (2)  without approval for the release of the person
   70-7  under supervision.
   70-8        (k)  In making a determination under this section, the court
   70-9  may consider the experiences and character of the person before and
  70-10  after commitment to the youth commission, the nature of the penal
  70-11  offense that the person was found to have committed and the manner
  70-12  in which the offense was committed, the abilities of the person to
  70-13  contribute to society, the protection of the victim of the offense
  70-14  or any member of the victim's family, the recommendations of the
  70-15  youth commission and prosecuting attorney, the best interests of
  70-16  the person, and any other factor relevant to the issue to be
  70-17  decided.
  70-18        SECTION 47.  Chapter 55, Family Code, is amended to read as
  70-19  follows:
  70-20   CHAPTER 55.  PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
  70-21            OR MENTAL<,> RETARDATION<, DISEASE, OR DEFECT>
  70-22        Sec. 55.01.  Physical or Mental Examination.  (a)  At any
  70-23  stage of the proceedings under this title, the juvenile court may
  70-24  order a <cause the> child alleged by petition or found to have
  70-25  engaged in delinquent conduct or conduct indicating a need for
  70-26  supervision to be examined by appropriate experts, including a
  70-27  physician, psychiatrist, or psychologist.
   71-1        (b)  If an examination ordered under Subsection (a) of this
   71-2  section is to determine whether the child is mentally retarded, the
   71-3  examination must consist of a determination of mental retardation
   71-4  and an interdisciplinary team recommendation, as provided by
   71-5  Chapter 593 <comprehensive diagnosis and evaluation as defined in
   71-6  Subtitle D, Title 7>, Health and Safety Code, and shall be
   71-7  conducted at a facility approved or operated by the Texas
   71-8  Department of Mental Health and Mental Retardation or at a
   71-9  community center established in accordance with Chapter 534, Health
  71-10  and Safety Code.
  71-11        Sec. 55.02.  <MENTALLY ILL> CHILD WITH MENTAL ILLNESS.  (a)
  71-12  The <If it appears to the juvenile court, on suggestion of a party
  71-13  or on the court's own notice, that a child alleged by petition or
  71-14  found to have engaged in delinquent conduct or conduct indicating a
  71-15  need for supervision may be mentally ill, the> court shall initiate
  71-16  proceedings to order temporary or extended mental health services,
  71-17  as provided in Subchapter C, Chapter 574, Health and Safety Code,
  71-18  for a <hospitalization of the> child alleged or found to have
  71-19  engaged in delinquent conduct or conduct indicating a need for
  71-20  supervision, if:
  71-21              (1)  on motion by a party or the court it is alleged
  71-22  that the child is mentally ill; or
  71-23              (2)  a child is found or alleged to be unfit to proceed
  71-24  as a result of mental illness under Section 55.04 of this chapter
  71-25  or is found not responsible for the child's conduct as a result of
  71-26  mental illness under Section 55.05 of this chapter <for observation
  71-27  and treatment>.
   72-1        (b)  Subtitle C, Title 7, Health and Safety Code, governs
   72-2  proceedings for court-ordered mental health services <temporary
   72-3  hospitalization> except that the juvenile court shall conduct the
   72-4  proceedings whether or not the juvenile court is also a county
   72-5  court.
   72-6        (c)  If the juvenile court orders mental health services for
   72-7  <enters an order of temporary hospitalization of> the child, the
   72-8  child shall be cared for, treated, and released in conformity to
   72-9  Subtitle C, Title 7, Health and Safety Code, except:
  72-10              (1)  a juvenile court order for mental health services
  72-11  <of temporary hospitalization> of a child automatically expires on
  72-12  the 120th day after the date <when> the child becomes 18 years of
  72-13  age; and
  72-14              (2)  the administrator <head> of a mental health
  72-15  facility <hospital> shall notify, in writing, the juvenile court
  72-16  that ordered mental health services of the intent to discharge the
  72-17  child <temporary hospitalization> at least 10 days prior to
  72-18  discharge <of the child; and>
  72-19              <(3)  appeal from juvenile court proceedings under this
  72-20  section shall be to the court of civil appeals as in other
  72-21  proceedings under this title>.
  72-22        (d)  If the juvenile court orders mental health services for
  72-23  the <temporary hospitalization of a> child, the proceedings under
  72-24  this title then pending in juvenile court shall be stayed.
  72-25        (e)  If the child is discharged from the mental health
  72-26  facility <hospital> before reaching 18 years of age, the juvenile
  72-27  court may:
   73-1              (1)  dismiss the juvenile court proceedings with
   73-2  prejudice; or
   73-3              (2)  continue with proceedings under this title as
   73-4  though no order of mental health services <temporary
   73-5  hospitalization> had been made.
   73-6        (f)  The juvenile court shall transfer all pending
   73-7  proceedings from the juvenile court to a criminal court on the 18th
   73-8  birthday of a child for whom the court has ordered mental health
   73-9  services under this section if:
  73-10              (1)  the child is not discharged or furloughed from the
  73-11  residential care facility before reaching 18 years of age; and
  73-12              (2)  the child is alleged to have engaged in delinquent
  73-13  conduct that included a violation of a penal law listed in Section
  73-14  53.045.
  73-15        (g)  The juvenile court shall send notification of the
  73-16  transfer of a child under Subsection (f) to the residential care
  73-17  facility.  The criminal court shall, within 90 days of the
  73-18  transfer, institute proceedings under Article 46.02, Code of
  73-19  Criminal Procedure.  If those or any subsequent proceedings result
  73-20  in a determination that the defendant is competent to stand trial,
  73-21  the defendant may not receive a punishment for the delinquent
  73-22  conduct described by Subsection (f)(2) that results in confinement
  73-23  for a period longer than the maximum period of confinement the
  73-24  defendant could have received if the defendant had been adjudicated
  73-25  for the delinquent conduct while still a child and within the
  73-26  jurisdiction of the juvenile court.
  73-27        Sec. 55.03.  <MENTALLY RETARDED> CHILD WITH MENTAL
   74-1  RETARDATION.  (a)  If <it appears to the juvenile court, on the
   74-2  suggestion of a party or on the court's own notice, that> a child
   74-3  is <alleged or> found or alleged to be unfit to proceed as a result
   74-4  of mental retardation under Section 55.04 of this chapter or is
   74-5  found not responsible for the child's conduct as a result of mental
   74-6  retardation under Section 55.05 of this chapter <have engaged in
   74-7  delinquent conduct or conduct indicating a need for supervision may
   74-8  be mentally retarded>, the court shall order a determination of
   74-9  mental retardation and an interdisciplinary team recommendation
  74-10  <comprehensive diagnosis and evaluation> of the child, as provided
  74-11  by Chapter 593, Health and Safety Code, to be performed at a
  74-12  facility approved or operated by the Texas Department of Mental
  74-13  Health and Mental Retardation or at a community center established
  74-14  in accordance with Chapter 534, Health and Safety Code.  If the
  74-15  court finds that the results of such determination of mental
  74-16  retardation <comprehensive diagnosis and evaluation> indicate a
  74-17  significantly subaverage general intellectual function of 2.5 or
  74-18  more standard deviations below the age-group mean for the tests
  74-19  used existing concurrently with significantly related deficits in
  74-20  adaptive behavior <of Levels I-IV>, the court shall initiate
  74-21  proceedings to order commitment of the child to a residential care
  74-22  facility, as that term is defined by Section 591.003, Health and
  74-23  Safety Code <for the care and treatment of mentally retarded
  74-24  persons>.
  74-25        (b)  A child alleged or found to have engaged in delinquent
  74-26  conduct or conduct indicating a need for supervision may be
  74-27  committed to a residential care facility if:
   75-1              (1)  the child is found unfit to proceed as a result of
   75-2  mental retardation under Section 55.04 of this chapter or is found
   75-3  not responsible for the child's conduct as a result of mental
   75-4  retardation under Section 55.05 of this chapter; and
   75-5              (2)  the child meets the criteria for commitment as
   75-6  provided in Subchapter C, Chapter 593, Health and Safety Code.
   75-7        (c)  Subtitle D, Title 7, Health and Safety Code, governs
   75-8  proceedings for commitment of a child under <meeting the criteria
   75-9  set forth in Subsection (a) of> this section except that:
  75-10              (1)  the juvenile court shall conduct the proceedings
  75-11  whether or not the juvenile court is also a county court; and
  75-12              (2)  on receipt of the court's order entering the
  75-13  findings required by <set forth in Subsection (a) of this section,
  75-14  together with those findings set forth in> Subtitle D, Title 7,
  75-15  Health and Safety Code, and Subsection (b)(1) of this section <as
  75-16  prerequisites for court commitments>, the Texas Department of
  75-17  Mental Health and Mental Retardation or the appropriate community
  75-18  center shall <thereupon> admit the child to a residential care
  75-19  facility <for the mentally retarded>.
  75-20        (d) <(c)>  If the juvenile court enters an order committing
  75-21  the child to <for care and treatment in> a residential care
  75-22  facility <for mentally retarded persons>, the child shall be cared
  75-23  for, treated, and released in conformity to Subtitle D, Title 7,
  75-24  Health and Safety Code, except that the administrator of the
  75-25  residential care facility shall notify, in writing,<:>
  75-26              <(1)>  the juvenile court that ordered commitment of
  75-27  the child of the intent <shall be notified at least 10 days prior>
   76-1  to discharge <of> the child from the residential care facility or
   76-2  to furlough the child to an alternative placement at least 20 days
   76-3  prior to the date of the discharge or furlough<; and>
   76-4              <(2)  appeal from juvenile court proceedings under this
   76-5  section shall be to the court of civil appeals as in other
   76-6  proceedings under this title>.
   76-7        (e) <(d)>  If the juvenile court orders commitment of a child
   76-8  to a residential care facility <for the care and treatment of
   76-9  mentally retarded persons>, the proceedings under this title then
  76-10  pending in juvenile court shall be stayed.
  76-11        (f) <(e)>  If the child committed to a residential care
  76-12  facility is discharged or furloughed from the residential care
  76-13  facility as provided by Subsection (d) of this section and in
  76-14  accordance with Subtitle D, Title 7, Health and Safety Code, <for
  76-15  the care and treatment of mentally retarded persons> before
  76-16  reaching 18 years of age, the juvenile court may:
  76-17              (1)  dismiss the juvenile court proceedings with
  76-18  prejudice; or
  76-19              (2)  continue with proceedings under this title as
  76-20  though no order of commitment had been made.
  76-21        (g)  The juvenile court shall transfer all pending
  76-22  proceedings from the juvenile court to a criminal court on the 18th
  76-23  birthday of a child committed to a residential care facility if:
  76-24              (1)  the child is not discharged or furloughed from the
  76-25  residential care facility before reaching 18 years of age; and
  76-26              (2)  the child is alleged to have engaged in delinquent
  76-27  conduct that included a violation of a penal law listed in Section
   77-1  53.045.
   77-2        (h)  The juvenile court shall send notification of the
   77-3  transfer of a child under Subsection (g) to the residential care
   77-4  facility.  The criminal court shall, within 90 days of the
   77-5  transfer, institute proceedings under Article 46.02, Code of
   77-6  Criminal Procedure.  If those or any subsequent proceedings result
   77-7  in a determination that the defendant is competent to stand trial,
   77-8  the defendant may not receive a punishment for the delinquent
   77-9  conduct described by Subsection (g)(2) that results in confinement
  77-10  for a period longer than the maximum period of confinement the
  77-11  defendant could have received if the defendant had been adjudicated
  77-12  for the delinquent conduct while still a child and within the
  77-13  jurisdiction of the juvenile court.
  77-14        Sec. 55.04.  UNFITNESS <MENTAL DISEASE OR DEFECT EXCLUDING
  77-15  FITNESS> TO PROCEED.  (a)  A <No> child alleged by petition or
  77-16  found to have engaged in delinquent conduct or conduct indicating a
  77-17  need for supervision who as a result of mental illness or mental
  77-18  retardation <disease or defect> lacks capacity to understand the
  77-19  proceedings in juvenile court or to assist in his own defense is
  77-20  unfit to proceed and shall not be subjected to discretionary
  77-21  transfer to criminal court, adjudication, disposition, or
  77-22  modification of disposition as long as such incapacity endures.
  77-23        (b)  If on motion by a party or the court it is alleged
  77-24  <appears to the juvenile court, on suggestion of a party or on the
  77-25  court's own notice,> that a child <alleged or found to have engaged
  77-26  in delinquent conduct or conduct indicating a need for supervision>
  77-27  may be unfit to proceed as a result of mental illness or mental
   78-1  retardation, the court shall order appropriate examinations as
   78-2  provided by Section 55.01 of this chapter.  The information
   78-3  obtained from the examinations must include expert opinion as to
   78-4  <medical and psychiatric inquiry to assist in determining> whether
   78-5  the child is unfit to proceed as a result <because> of mental
   78-6  illness or mental retardation <disease or defect>.
   78-7        (c)  The court or jury shall determine whether the child is
   78-8  unfit to proceed as a result of mental illness or mental
   78-9  retardation <from the psychiatric and other evidence> at a hearing
  78-10  separate from<, but conducted in accordance with the requirements
  78-11  for,> the adjudication hearing <whether the child is fit or unfit
  78-12  to proceed>.
  78-13        (d)  Unfitness to proceed as a result of mental illness or
  78-14  mental retardation must be proved by a preponderance of the
  78-15  evidence.
  78-16        (e)  If the court or jury determines that the child is fit to
  78-17  proceed, the juvenile court shall continue with proceedings under
  78-18  this title as though no question of fitness to proceed had been
  78-19  raised.
  78-20        (f)  If the court or jury determines that the child is unfit
  78-21  to proceed as a result of mental illness or mental retardation, the
  78-22  court <or jury> shall initiate proceedings under <determine whether
  78-23  the child should be committed for a period of temporary
  78-24  hospitalization for observation and treatment in accordance with>
  78-25  Section 55.02 or <of this code or committed to a facility for
  78-26  mentally retarded persons for care and treatment in accordance
  78-27  with> Section 55.03 of this chapter <code>.
   79-1        (g)  A proceeding <Proceedings> to determine fitness to
   79-2  proceed may be joined with proceedings under Sections 55.02 and
   79-3  55.03 of this chapter <code>.
   79-4        (h)  The fact that the child is unfit to proceed as a result
   79-5  of mental illness or mental retardation does not preclude any legal
   79-6  objection to the juvenile court proceedings which is susceptible of
   79-7  fair determination prior to the adjudication hearing and without
   79-8  the personal participation of the child.
   79-9        Sec. 55.05.  LACK OF RESPONSIBILITY FOR CONDUCT <MENTAL
  79-10  DISEASE OR DEFECT EXCLUDING RESPONSIBILITY>.  (a)  A child alleged
  79-11  by petition to have engaged in <is not responsible for> delinquent
  79-12  conduct or conduct indicating a need for supervision is not
  79-13  responsible for the conduct if at the time of the <such> conduct,
  79-14  as a result of mental illness or mental retardation <disease or
  79-15  defect>, he lacks substantial capacity either to appreciate the
  79-16  wrongfulness of his conduct or to conform his conduct to the
  79-17  requirements of law.
  79-18        (b)  If <it appears to the juvenile court,> on motion
  79-19  <suggestion> of a party or <on> the court it is <court's own
  79-20  notice, that a child> alleged that the child <to have engaged in
  79-21  delinquent conduct or conduct indicating a need for supervision>
  79-22  may not be responsible as a result of mental illness or mental
  79-23  retardation for the child's conduct <disease or defect>, the court
  79-24  shall order appropriate examinations as provided by Section 55.01
  79-25  of this chapter.  The information obtained from the examinations
  79-26  must include expert opinion as to <medical and psychiatric inquiry
  79-27  to assist in determining> whether the child is <or is> not
   80-1  responsible for the child's conduct as a result of mental illness
   80-2  or mental retardation.
   80-3        (c)  The issue of whether the child is not responsible for
   80-4  his conduct as a result of mental illness or mental retardation
   80-5  <disease or defect> shall be tried to the court or jury in the
   80-6  adjudication hearing.
   80-7        (d)  Lack of <Mental disease or defect excluding>
   80-8  responsibility for conduct as a result of mental illness or mental
   80-9  retardation must be proved by a preponderance of the evidence.
  80-10        (e)  In its findings or verdict the court or jury must state
  80-11  whether the child is not responsible for his conduct as a result of
  80-12  mental illness or mental retardation <disease or defect>.
  80-13        (f)  If the court or jury finds the child is not responsible
  80-14  for his conduct as a result of mental illness or mental
  80-15  retardation, the court shall initiate proceedings under Section
  80-16  55.02 or 55.03 of this chapter <proceedings shall continue as
  80-17  though no question of mental disease or defect excluding
  80-18  responsibility had been raised>.
  80-19        (g)  A <If the court or jury finds that the> child found <is>
  80-20  not responsible for his conduct as a result of mental illness or
  80-21  mental retardation <disease or defect, the court shall dismiss the
  80-22  proceedings with prejudice, and the court> shall not be subject to
  80-23  proceedings under this title with respect to such conduct, other
  80-24  than <initiate> proceedings under Section 55.02 or 55.03 of this
  80-25  chapter <code to determine whether the child should be committed
  80-26  for care and treatment as a mentally ill or mentally retarded
  80-27  child>.
   81-1        <(h)  A child declared not responsible for his conduct
   81-2  because of mental disease or defect shall not thereafter be subject
   81-3  to proceedings under this title with respect to such conduct, other
   81-4  than proceedings under Section 55.02 or 55.03 of this code.>
   81-5        SECTION 48.  Section 56.01, Family Code, is amended by
   81-6  amending Subsections (c) and (i) and adding Subsections (k)-(m) to
   81-7  read as follows:
   81-8        (c)  An appeal may be taken:
   81-9              (1)  by or on behalf of a child from an order entered
  81-10  under:
  81-11                    (A)  <Section 54.02 of this code respecting
  81-12  transfer of the child to criminal court for prosecution as an
  81-13  adult;>
  81-14                    <(B)>  Section 54.03 of this code with regard to
  81-15  delinquent conduct or conduct indicating a need for supervision;
  81-16                    (B) <(C)>  Section 54.04 of this code disposing
  81-17  of the case;
  81-18                    (C) <(D)>  Section 54.05 of this code respecting
  81-19  modification of a previous juvenile court disposition; or
  81-20                    (D) <(E)>  Chapter 55 of this code committing a
  81-21  child to a facility for the mentally ill or mentally retarded; or
  81-22              (2)  by a person from an order entered under Section
  81-23  54.11(i)(2) of this code transferring the person to the custody of
  81-24  the institutional division of the Texas Department of Criminal
  81-25  Justice.
  81-26        (i)  The appellate court may affirm, reverse, or modify the
  81-27  judgment or order, including an order of disposition or modified
   82-1  disposition, from which appeal was taken.  It may reverse or modify
   82-2  an order of disposition or modified order of disposition while
   82-3  affirming the juvenile court adjudication that the child engaged in
   82-4  delinquent conduct or conduct indicating a need for supervision.
   82-5  It may remand an order that it reverses or modifies for further
   82-6  proceedings by the juvenile court.
   82-7        (k)  The appellate court shall dismiss an appeal on the
   82-8  state's motion, supported by affidavit showing that the appellant
   82-9  has escaped from custody pending the appeal and, to the affiant's
  82-10  knowledge, has not voluntarily returned to the state's custody on
  82-11  or before the 10th day after the date of the escape.  The court may
  82-12  not dismiss an appeal, or if the appeal has been dismissed, shall
  82-13  reinstate the appeal, on the filing of an affidavit of an officer
  82-14  or other credible person showing that the appellant voluntarily
  82-15  returned to custody on or before the 10th day after the date of the
  82-16  escape.
  82-17        (l)  The court may order the child, the child's parent, or
  82-18  other person responsible for support of the child to pay the
  82-19  child's costs of appeal,  including the costs of representation by
  82-20  an attorney, unless the court determines the person to be ordered
  82-21  to pay the costs is indigent.
  82-22        (m)  For purposes of determining indigency of the child under
  82-23  this section, the court shall consider the assets and income of the
  82-24  child, the child's parent, and any other person responsible for the
  82-25  support of the child.
  82-26        SECTION 49.  Section 57.001(3), Family Code, is amended to
  82-27  read as follows:
   83-1              (3)  "Victim" means a person who:
   83-2                    (A)  is the victim of the delinquent conduct of a
   83-3  child that includes the elements under the penal law of this state
   83-4  of sexual assault, kidnapping, or aggravated robbery; <or>
   83-5                    (B)  has suffered bodily injury or death as a
   83-6  result of the conduct of a child that violates a penal law of this
   83-7  state; or
   83-8                    (C)  is the owner or lessor of property damaged
   83-9  or lost  as a result of the conduct of a child that violates a
  83-10  penal law of this state.
  83-11        SECTION 50.  Section 57.002, Family Code, is amended to read
  83-12  as follows:
  83-13        Sec. 57.002.  Victim's Rights.  A victim, guardian of a
  83-14  victim, or close relative of a deceased victim is entitled to the
  83-15  following rights within the juvenile justice system:
  83-16              (1)  the right to receive from law enforcement agencies
  83-17  adequate protection from harm and threats of harm arising from
  83-18  cooperation with prosecution efforts;
  83-19              (2)  the right to have the court or person appointed by
  83-20  the court take the safety of the victim or the victim's family into
  83-21  consideration as an element in determining whether the child should
  83-22  be detained before the child's conduct is adjudicated;
  83-23              (3)  the right, if requested, to be informed of
  83-24  relevant court proceedings, including appellate proceedings, and to
  83-25  be informed in a timely manner if those court proceedings have been
  83-26  canceled or rescheduled;
  83-27              (4)  the right to be informed, when requested, by the
   84-1  court or a person appointed by the court concerning the procedures
   84-2  in the juvenile justice system, including general procedures
   84-3  relating to:
   84-4                    (A)  the preliminary investigation and deferred
   84-5  prosecution <informal adjustment> of a case; and
   84-6                    (B)  the appeal of the case;
   84-7              (5)  the right to provide pertinent information to a
   84-8  juvenile court conducting a disposition hearing concerning the
   84-9  impact of the offense on the victim and the victim's family by
  84-10  testimony, written statement, or any other manner before the court
  84-11  renders its disposition;
  84-12              (6)  the right to receive information regarding
  84-13  compensation to victims as provided by Subchapter B, Chapter 56,
  84-14  Code of Criminal Procedure <the Crime Victims Compensation Act
  84-15  (Article 8309-1, Vernon's Texas Civil Statutes)>, including
  84-16  information related to the costs that may be compensated under that
  84-17  Act and the amount of compensation, eligibility for compensation,
  84-18  and procedures for application for compensation under that Act, the
  84-19  payment of medical expenses under Section 56.06, Code of Criminal
  84-20  Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
  84-21  Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
  84-22  Statutes)>, for a victim of a sexual assault, and when requested,
  84-23  to referral to available social service agencies that may offer
  84-24  additional assistance;
  84-25              (7)  the right to be informed, upon request, of
  84-26  procedures for release under supervision or transfer of the person
  84-27  to the custody of the pardons and paroles division of the Texas
   85-1  Department of Criminal Justice for parole, to participate in the
   85-2  release or transfer for parole process, to be notified, if
   85-3  requested, of release or transfer for parole proceedings concerning
   85-4  the person <child>, to provide to the Texas Youth Commission for
   85-5  inclusion in the person's <child's> file information to be
   85-6  considered by the commission before the release under supervision
   85-7  or transfer for parole of the person <child>, and to be notified,
   85-8  if requested, of the person's <child's> release or transfer for
   85-9  parole;
  85-10              (8)  the right to be provided with a waiting area,
  85-11  separate or secure from other witnesses, including the child
  85-12  alleged to have committed the conduct and relatives of the child,
  85-13  before testifying in any proceeding concerning the child, or, if a
  85-14  separate waiting area is not available, other safeguards should be
  85-15  taken to minimize the victim's contact with the child and the
  85-16  child's relatives and witnesses, before and during court
  85-17  proceedings;
  85-18              (9)  the right to prompt return of any property of the
  85-19  victim that is held by a law enforcement agency or the attorney for
  85-20  the state as evidence when the property is no longer required for
  85-21  that purpose;
  85-22              (10)  the right to have the attorney for the state
  85-23  notify the employer of the victim, if requested, of the necessity
  85-24  of the victim's cooperation and testimony in a proceeding that may
  85-25  necessitate the absence of the victim from work for good cause;
  85-26  <and>
  85-27              (11)  the right to be present at all public court
   86-1  proceedings related to the conduct of the child as provided by
   86-2  Section 54.08, subject to that section; and
   86-3              (12)  any other right appropriate to the victim that a
   86-4  victim of criminal conduct has under Article 56.02, Code of
   86-5  Criminal Procedure <the approval of the court>.
   86-6        SECTION 51.  Chapter 57, Family Code, is amended by amending
   86-7  Section 57.003 and by adding Section 57.0031 to read as follows:
   86-8        Sec. 57.003.  DUTY OF JUVENILE BOARD.  (a)  The juvenile
   86-9  board shall ensure to the extent practicable that a victim,
  86-10  guardian of a victim, or close relative of a deceased victim is
  86-11  afforded the rights granted by Section 57.002 <of this code> and,
  86-12  on request, an explanation of those rights.
  86-13        (b)  The juvenile board may designate a person to serve as
  86-14  victim assistance coordinator in the juvenile board's jurisdiction
  86-15  for victims of juvenile offenders.
  86-16        (c)  The victim assistance coordinator shall ensure that a
  86-17  victim, or close relative of a deceased victim, is afforded the
  86-18  rights granted victims, guardians, and relatives by Section 57.002
  86-19  and, on request, an explanation of those rights.  The victim
  86-20  assistance coordinator shall work closely with appropriate law
  86-21  enforcement agencies, prosecuting attorneys, the Texas Juvenile
  86-22  Probation Commission, and the Texas Youth Commission in carrying
  86-23  out that duty.
  86-24        (d)  The victim assistance coordinator shall ensure that at a
  86-25  minimum, a victim, guardian of a victim, or close relative of a
  86-26  deceased victim receives:
  86-27              (1)  a written notice of the rights outlined in Section
   87-1  57.002;
   87-2              (2)  an application for compensation under the Crime
   87-3  Victims' Compensation Act (Subchapter B, Chapter 56, Code of
   87-4  Criminal Procedure); and
   87-5              (3)  a victim impact statement with information
   87-6  explaining the possible use and consideration of the victim impact
   87-7  statement at detention, adjudication, and release proceedings
   87-8  involving the juvenile.
   87-9        (e)  The victim assistance coordinator shall, on request,
  87-10  offer to assist a person receiving a form under Subsection (d) to
  87-11  complete the form.
  87-12        (f)  The victim assistance coordinator shall send a copy of
  87-13  the victim impact statement to the court conducting a disposition
  87-14  hearing involving the juvenile.
  87-15        Sec. 57.0031.  NOTIFICATION OF RIGHTS OF VICTIMS OF
  87-16  JUVENILES.  At the initial contact or at the earliest possible time
  87-17  after the initial contact between the victim of a reported crime
  87-18  and the juvenile probation office having the responsibility for the
  87-19  disposition of the juvenile, the office shall provide the victim a
  87-20  written notice:
  87-21              (1)  containing information about the availability of
  87-22  emergency and medical services, if applicable;
  87-23              (2)  stating that the victim has the right to receive
  87-24  information regarding compensation to victims of crime as provided
  87-25  by the Crime Victims' Compensation Act (Subchapter B, Chapter 56,
  87-26  Code of Criminal Procedure), including information about:
  87-27                    (A)  the costs that may be compensated and the
   88-1  amount of compensation, eligibility for compensation, and
   88-2  procedures for application for compensation;
   88-3                    (B)  the payment for a medical examination for a
   88-4  victim of a sexual assault; and
   88-5                    (C)  referral to available social service
   88-6  agencies that may offer additional assistance;
   88-7              (3)  stating the name, address, and phone number of the
   88-8  victim assistance coordinator for victims of juveniles;
   88-9              (4)  containing the following statement: "You may call
  88-10  the crime victim assistance coordinator for the status of the case
  88-11  and information about victims' rights.";
  88-12              (5)  stating the rights of victims of crime under
  88-13  Section 57.002;
  88-14              (6)  summarizing each procedural stage in the
  88-15  processing of a juvenile case, including preliminary investigation,
  88-16  detention, informal adjustment of a case, disposition hearings,
  88-17  release proceedings, restitution, and appeals;
  88-18              (7)  suggesting steps the victim may take if the victim
  88-19  is subjected to threats or intimidation;
  88-20              (8)  stating the case number and assigned court for the
  88-21  case; and
  88-22              (9)  stating that the victim has the right to file a
  88-23  victim impact statement and to have it considered in juvenile
  88-24  proceedings.
  88-25        SECTION 52.  Chapter 57, Family Code, is amended by adding
  88-26  Section 57.008 to read as follows:
  88-27        Sec. 57.008.  COURT ORDER FOR PROTECTION FROM JUVENILES.  (a)
   89-1  A court may issue an order for protection from juveniles directed
   89-2  against a child to protect a victim of the child's conduct who,
   89-3  because of the victim's participation in the juvenile justice
   89-4  system, risks further harm by the child.
   89-5        (b)  In the order, the court may prohibit the child from
   89-6  doing specified acts or require the child to do specified acts
   89-7  necessary or appropriate to prevent or reduce the likelihood of
   89-8  further harm to the victim by the child.
   89-9        SECTION 53.  Title 3, Family Code, is amended by adding
  89-10  Chapters 58-60 to read as follows:
  89-11       CHAPTER 58.  RECORDS; JUVENILE JUSTICE INFORMATION SYSTEM
  89-12                        SUBCHAPTER A.  RECORDS
  89-13        Sec. 58.001.  COLLECTION OF RECORDS OF CHILDREN.  (a)  Law
  89-14  enforcement officers and other juvenile justice personnel shall
  89-15  collect information described by Section 58.104 as a part of the
  89-16  juvenile justice information system created under Subchapter B.
  89-17        (b)  The information is available as provided by Subchapter
  89-18  B.
  89-19        (c)  A law enforcement agency may forward information,
  89-20  including photographs and fingerprints, relating to a child who has
  89-21  been detained or taken into custody by the agency to the Department
  89-22  of Public Safety of the State of Texas for inclusion in the
  89-23  juvenile justice information system created under Subchapter B only
  89-24  if the child is referred to juvenile court on or before the 10th
  89-25  day after the date the child is detained or taken into custody.  If
  89-26  the child is not referred to juvenile court within that time, the
  89-27  law enforcement agency shall destroy all information, including
   90-1  photographs and fingerprints, relating to the child unless the
   90-2  child is placed in a first offender program under Section 52.031 or
   90-3  on informal disposition under Section 52.03.  The law enforcement
   90-4  agency may not forward any information to the Department of Public
   90-5  Safety of the State of Texas relating to the child while the child
   90-6  is in a first offender program under Section 52.031 or on informal
   90-7  disposition under Section 52.03.  On successful completion by the
   90-8  child of a first offender program under Section 52.031 or informal
   90-9  disposition under Section 52.03, the law enforcement agency shall
  90-10  destroy all information, including photographs and fingerprints,
  90-11  relating to the child.
  90-12        Sec. 58.002.  PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.  (a)
  90-13  Except as provided by Chapter 79, Human Resources Code, a child may
  90-14  not be photographed or fingerprinted without the consent of the
  90-15  juvenile court unless the child is taken into custody for conduct
  90-16  that constitutes a felony or a misdemeanor punishable by
  90-17  confinement in jail.
  90-18        (b)  On or before December 31 of each year, the head of each
  90-19  municipal or county law enforcement agency located in a county
  90-20  shall certify to the juvenile board for that county that the
  90-21  photographs and fingerprints required to be destroyed under Section
  90-22  58.001 have been destroyed.  The juvenile board shall conduct an
  90-23  audit of the records of the law enforcement agency to verify the
  90-24  destruction of the photographs and fingerprints and the law
  90-25  enforcement agency shall make its records available for this
  90-26  purpose.  If the audit shows that the certification provided by the
  90-27  head of the law enforcement agency is false, that person is subject
   91-1  to prosecution for perjury under Chapter 37, Penal Code.
   91-2        Sec. 58.003.  SEALING OF RECORDS.  (a)  Except as provided by
   91-3  Subsections (b) and (c), on the application of a person who has
   91-4  been found to have engaged in delinquent conduct or conduct
   91-5  indicating a need for supervision, or a person taken into custody
   91-6  to determine whether the person engaged in delinquent conduct or
   91-7  conduct indicating a need for supervision, on the juvenile court's
   91-8  own motion or on receipt of a certification from the Department of
   91-9  Public Safety of the State of Texas that the records of a person
  91-10  are eligible for sealing under this section, the court shall order
  91-11  the sealing of the records in the case if the court finds that:
  91-12              (1)  two years have elapsed since final discharge of
  91-13  the person or since the last official action in the person's case
  91-14  if there was no adjudication; and
  91-15              (2)  since the time specified in Subdivision (1), the
  91-16  person has not been convicted of a felony or a misdemeanor
  91-17  involving moral turpitude or found to have engaged in delinquent
  91-18  conduct or conduct indicating a need for supervision and no
  91-19  proceeding is pending seeking conviction or adjudication.
  91-20        (b)  A court may not order the sealing of the records of a
  91-21  person who has received a determinate sentence for engaging in
  91-22  delinquent conduct that violated a penal law listed in Section
  91-23  53.045 or engaging in habitual felony conduct as described by
  91-24  Section 51.031.
  91-25        (c)  Subject to Subsection (b), a court may order the sealing
  91-26  of records concerning a person adjudicated as having engaged in
  91-27  delinquent conduct that violated a penal law of the grade of felony
   92-1  only if:
   92-2              (1)  the person is 21 years of age or older;
   92-3              (2)  the person was not transferred by a juvenile court
   92-4  under Section 54.02 to a criminal court for prosecution;
   92-5              (3)  the records have not been used as evidence in the
   92-6  punishment phase of a criminal proceeding under Section 3(a),
   92-7  Article 37.07, Code of Criminal Procedure; and
   92-8              (4)  the person has not been convicted of a penal law
   92-9  of the grade of felony after becoming age 17.
  92-10        (d)  The court may grant the relief authorized in Subsection
  92-11  (a) at any time after final discharge of the person or after the
  92-12  last official action in the case if there was no adjudication.  If
  92-13  the child is referred to the juvenile court for conduct
  92-14  constituting any offense and at the adjudication hearing the child
  92-15  is found to be not guilty of each offense alleged, the court shall
  92-16  immediately order the sealing of all files and records relating to
  92-17  the case.
  92-18        (e)  Reasonable notice of the hearing shall be given to:
  92-19              (1)  the person who made the application or who is the
  92-20  subject of the records named in the motion;
  92-21              (2)  the prosecuting attorney for the juvenile court;
  92-22              (3)  the authority granting the discharge if the final
  92-23  discharge was from an institution or from parole;
  92-24              (4)  the public or private agency or institution having
  92-25  custody of records named in the application or motion; and
  92-26              (5)  the law enforcement agency having custody of files
  92-27  or records named in the application or motion.
   93-1        (f)  A copy of the sealing order shall be sent to each agency
   93-2  or official named in the order.
   93-3        (g)  On entry of the order:
   93-4              (1)  all law enforcement, prosecuting attorney, clerk
   93-5  of court, and juvenile court records ordered sealed shall be sent
   93-6  to the court issuing the order;
   93-7              (2)  all records of a public or private agency or
   93-8  institution ordered sealed shall be sent to the court issuing the
   93-9  order;
  93-10              (3)  all index references to the records ordered sealed
  93-11  shall be deleted;
  93-12              (4)  the juvenile court, clerk of court, prosecuting
  93-13  attorney, public or private agency or institution, and law
  93-14  enforcement officers and agencies shall properly reply that no
  93-15  record exists with respect to the person on inquiry in any matter;
  93-16  and
  93-17              (5)  the adjudication shall be vacated and the
  93-18  proceeding dismissed and treated for all purposes other than a
  93-19  subsequent capital prosecution, including the purpose of showing a
  93-20  prior finding of delinquent conduct, as if it had never occurred.
  93-21        (h)  Inspection of the sealed records may be permitted by an
  93-22  order of the juvenile court on the petition of the person who is
  93-23  the subject of the records and only by those persons named in the
  93-24  order.
  93-25        (i)  On the final discharge of a child or on the last
  93-26  official action in the case if there is no adjudication, the child
  93-27  shall be given a written explanation of the child's rights under
   94-1  this section and a copy of the provisions of this section.
   94-2        (j)  A person whose records have been sealed under this
   94-3  section is not required in any proceeding or in any application for
   94-4  employment, information, or licensing to state that the person has
   94-5  been the subject of a proceeding under this title and any statement
   94-6  that the person has never been found to be a delinquent child shall
   94-7  never be held against the person in any criminal or civil
   94-8  proceeding.
   94-9        (k)  A prosecuting attorney may, on application to the
  94-10  juvenile court, reopen at any time the files and records of a
  94-11  person adjudicated as having engaged in delinquent conduct that
  94-12  violated a penal law of the grade of felony sealed by the court
  94-13  under this section for the purposes of Sections 12.42(a)-(c) and
  94-14  (e), Penal Code.
  94-15        (l)  On the motion of a person in whose name records are kept
  94-16  or on the court's own motion, the court may order the destruction
  94-17  of records that have been sealed under this section if:
  94-18              (1)  the records relate to conduct that did not violate
  94-19  a penal law of the grade of felony or a misdemeanor punishable by
  94-20  confinement in jail;
  94-21              (2)  five years have elapsed since the person's 16th
  94-22  birthday; and
  94-23              (3)  the person has not been convicted of a felony.
  94-24        Sec. 58.004.  COMPILATION OF INFORMATION PERTAINING TO A
  94-25  CRIMINAL COMBINATION.  (a) A local criminal justice agency may
  94-26  compile criminal information into a local system for the purpose of
  94-27  investigating or prosecuting the criminal activities of criminal
   95-1  combinations.  Criminal information relating to a child associated
   95-2  with a combination, utilizing the meaning assigned by Section
   95-3  71.01, Penal Code, may be compiled and released to other local,
   95-4  state, or federal criminal justice agencies and any court having
   95-5  jurisdiction over a child, regardless of the age of the child.  The
   95-6  information may be compiled on paper, by photographs, by computer,
   95-7  or in any other useful manner.
   95-8        (b)  In this section, "local criminal justice agency" means a
   95-9  municipal or county agency, or school district law enforcement
  95-10  agency, that is engaged in the administration of criminal justice
  95-11  under a statute or executive order.
  95-12        Sec. 58.005.  CONFIDENTIALITY OF RECORDS.  (a)  Information
  95-13  obtained for the purpose of diagnosis, examination, evaluation, or
  95-14  treatment or for making a referral for treatment of a child by a
  95-15  public or private agency or institution providing supervision of a
  95-16  child by arrangement of the juvenile court or having custody of the
  95-17  child under order of the juvenile court may be disclosed only to:
  95-18              (1)  the professional staff or consultants of the
  95-19  agency or institution;
  95-20              (2)  the judge, probation officers, and professional
  95-21  staff or consultants of the juvenile court;
  95-22              (3)  an attorney for the child;
  95-23              (4)  a governmental agency if the disclosure is
  95-24  required or authorized by law;
  95-25              (5)  a person or entity to whom the child is referred
  95-26  for treatment or services if the agency or institution disclosing
  95-27  the information has entered into a written confidentiality
   96-1  agreement with the person or entity regarding the protection of the
   96-2  disclosed information;
   96-3              (6)  the Texas Department of Criminal Justice and the
   96-4  Texas Juvenile Probation Commission for the purpose of maintaining
   96-5  statistical records of recidivism and for diagnosis and
   96-6  classification; or
   96-7              (7)  with leave of the juvenile court, any other
   96-8  person, agency, or institution having a legitimate interest in the
   96-9  proceeding or in the work of the court.
  96-10        (b)  This section does not apply to information collected
  96-11  under Section 58.104.
  96-12        Sec. 58.006.  DESTRUCTION OF CERTAIN RECORDS.  The court
  96-13  shall order the destruction of the records relating to the conduct
  96-14  for which a child is taken into custody, including records
  96-15  contained in the juvenile justice information system, if:
  96-16              (1)  a determination that no probable cause exists to
  96-17  believe the child engaged in the conduct is made under Section
  96-18  53.01 and the case is not referred to a prosecutor for review under
  96-19  Section 53.012; or
  96-20              (2)  a determination that no probable cause exists to
  96-21  believe the child engaged in the conduct is made by a prosecutor
  96-22  under Section 53.012.
  96-23        Sec. 58.007.  PHYSICAL RECORDS OR FILES.  (a)  This section
  96-24  applies only to the inspection and maintenance of a physical record
  96-25  or file concerning a child and does not affect the collection,
  96-26  dissemination, or maintenance of information as provided by
  96-27  Subchapter B.  This section does not apply to a record or file
   97-1  relating to a child that is required or authorized to be maintained
   97-2  under the laws regulating the operation of motor vehicles in this
   97-3  state.
   97-4        (b)  Except as provided by Article 15.27, Code of Criminal
   97-5  Procedure, the records and files of a juvenile court, a clerk of
   97-6  court,  a juvenile probation department, or a prosecuting attorney
   97-7  relating to a child who is a party to a proceeding under this title
   97-8  are open to inspection only by:
   97-9              (1)  the judge, probation officers, and professional
  97-10  staff or consultants of the juvenile court;
  97-11              (2)  a juvenile justice agency as that term is defined
  97-12  by Section 58.101;
  97-13              (3)  an attorney for a party to the proceeding;
  97-14              (4)  a public or private agency or institution
  97-15  providing supervision of the child by arrangement of the juvenile
  97-16  court, or having custody of the child under juvenile court order;
  97-17  or
  97-18              (5)  with leave of the juvenile court, any other
  97-19  person, agency, or institution having a legitimate interest in the
  97-20  proceeding or in the work of the court.
  97-21        (c)  Except as provided by Subsection (d), law enforcement
  97-22  records and files concerning a child shall:
  97-23              (1)  be kept separate from adult files and records; and
  97-24              (2)  be maintained on a local basis only and not sent
  97-25  to a central state or federal depository.
  97-26        (d)  The law enforcement files and records of a person who is
  97-27  transferred from the Texas Youth Commission to the institutional
   98-1  division or the pardons and paroles division of the Texas
   98-2  Department of Criminal Justice may be transferred to a central
   98-3  state or federal depository for adult records on or after the date
   98-4  of transfer.
   98-5        (e)  Law enforcement records and files concerning a child may
   98-6  be inspected by a juvenile justice agency as that term is defined
   98-7  by Section 58.101 and a criminal justice agency as that term is
   98-8  defined by Section 411.082, Government Code.
   98-9        (f)  If a child has been reported missing by a parent,
  98-10  guardian, or conservator of that child, information about the child
  98-11  may be forwarded to and disseminated by the Texas Crime Information
  98-12  Center and the National Crime Information Center.
  98-13            (Sections 58.008-58.100 reserved for expansion
  98-14          SUBCHAPTER B.  JUVENILE JUSTICE INFORMATION SYSTEM
  98-15        Sec. 58.101.  DEFINITIONS.  In this subchapter:
  98-16              (1)  "Criminal justice agency" has the meaning assigned
  98-17  by Section 411.082, Government Code.
  98-18              (2)  "Department" means the Department of Public Safety
  98-19  of the State of Texas.
  98-20              (3)  "Disposition" means an action that results in the
  98-21  termination, transfer of jurisdiction, or indeterminate suspension
  98-22  of the prosecution of a juvenile offender.
  98-23              (4)  "Incident number" means a unique number assigned
  98-24  to a child during a specific custodial or detention period or for a
  98-25  specific referral to the office or official designated by the
  98-26  juvenile court, if the juvenile offender was not taken into custody
  98-27  before the referral.
   99-1              (5)  "Juvenile justice agency" means an agency that has
   99-2  custody or control over juvenile offenders.
   99-3              (6)  "Juvenile offender" means a child who has been
   99-4  assigned an incident number.
   99-5              (7)  "State identification number" means a unique
   99-6  number assigned by the department to a child in the juvenile
   99-7  justice information system.
   99-8              (8)  "Uniform incident fingerprint card" means a
   99-9  multiple-part form containing a unique incident number with space
  99-10  for information relating to the conduct for which a child has been
  99-11  taken into custody, detained, or referred, the child's
  99-12  fingerprints, and other relevant information.
  99-13        Sec. 58.102.  JUVENILE JUSTICE INFORMATION SYSTEM.  (a)  The
  99-14  department is responsible for recording data and maintaining a
  99-15  database for a computerized juvenile justice information system
  99-16  that serves:
  99-17              (1)  as the record creation point for the juvenile
  99-18  justice information system maintained by the state; and
  99-19              (2)  as the control terminal for entry of records, in
  99-20  accordance with federal law, rule, and policy, into the federal
  99-21  records system maintained by the Federal Bureau of Investigation.
  99-22        (b)  The department shall develop and maintain the system
  99-23  with the cooperation and advice of the:
  99-24              (1)  Texas Youth Commission;
  99-25              (2)  Texas Juvenile Probation Commission;
  99-26              (3)  Criminal Justice Policy Council; and
  99-27              (4)  juvenile courts and clerks of juvenile courts.
  100-1        (c)  The department may not collect or retain information
  100-2  relating to a juvenile if this chapter prohibits or restricts the
  100-3  collection or retention of the information.
  100-4        (d)  The database must contain the information required by
  100-5  this subchapter.
  100-6        (e)  The department shall designate the offense codes and has
  100-7  the sole responsibility for designating the state identification
  100-8  number for each juvenile whose name appears in the juvenile justice
  100-9  system.
 100-10        Sec. 58.103.  PURPOSE OF SYSTEM.  The purpose of the juvenile
 100-11  justice information system is to:
 100-12              (1)  provide agencies and personnel within the juvenile
 100-13  justice system accurate information relating to children who come
 100-14  into contact with the juvenile justice system of this state;
 100-15              (2)  provide, where allowed by law, adult criminal
 100-16  justice agencies accurate and easily accessible information
 100-17  relating to children who come into contact with the juvenile
 100-18  justice system;
 100-19              (3)  provide an efficient conversion, where
 100-20  appropriate, of juvenile records to adult criminal records;
 100-21              (4)  improve the quality of data used to conduct impact
 100-22  analyses of proposed legislative changes in the juvenile justice
 100-23  system; and
 100-24              (5)  improve the ability of interested parties to
 100-25  analyze the functioning of the juvenile justice system.
 100-26        Sec. 58.104.  TYPES OF INFORMATION COLLECTED.  (a)  Subject
 100-27  to Subsection (f), the juvenile justice information system shall
  101-1  consist of information relating to delinquent conduct committed by
  101-2  a juvenile offender that, if the conduct had been committed by an
  101-3  adult, would constitute a criminal offense other than an offense
  101-4  punishable by a fine only, including information relating to:
  101-5              (1)  the juvenile offender;
  101-6              (2)  the intake or referral of the juvenile offender
  101-7  into the juvenile justice system;
  101-8              (3)  the detention of the juvenile offender;
  101-9              (4)  the prosecution of the juvenile offender;
 101-10              (5)  the disposition of the juvenile offender's case,
 101-11  including the name and description of any program to which the
 101-12  juvenile offender is referred; and
 101-13              (6)  the probation or commitment of the juvenile
 101-14  offender.
 101-15        (b)  To the extent possible and subject to Subsection (a),
 101-16  the department shall include in the juvenile justice information
 101-17  system the following information for each juvenile offender taken
 101-18  into custody, detained, or referred under this title for delinquent
 101-19  conduct:
 101-20              (1)  the juvenile offender's name, including other
 101-21  names by which the juvenile offender is known;
 101-22              (2)  the juvenile offender's date and place of birth;
 101-23              (3)  the juvenile offender's physical description,
 101-24  including sex, weight, height, race, ethnicity, eye color, hair
 101-25  color, scars, marks, and tattoos;
 101-26              (4)  the juvenile offender's state identification
 101-27  number, and other identifying information, as determined by the
  102-1  department;
  102-2              (5)  the juvenile offender's fingerprints;
  102-3              (6)  the juvenile offender's last known residential
  102-4  address, including the census tract number designation for the
  102-5  address;
  102-6              (7)  the name and identifying number of the agency that
  102-7  took into custody or detained the juvenile offender;
  102-8              (8)  the date of detention or custody;
  102-9              (9)  the conduct for which the juvenile offender was
 102-10  taken into custody, detained, or referred, including level and
 102-11  degree of the alleged offense;
 102-12              (10)  the name and identifying number of the juvenile
 102-13  intake agency or juvenile probation office;
 102-14              (11)  each disposition by the juvenile intake agency or
 102-15  juvenile probation office;
 102-16              (12)  the date of disposition by the juvenile intake
 102-17  agency or juvenile probation office;
 102-18              (13)  the name and identifying number of the
 102-19  prosecutor's office;
 102-20              (14)  each disposition by the prosecutor;
 102-21              (15)  the date of disposition by the prosecutor;
 102-22              (16)  the name and identifying number of the court;
 102-23              (17)  each disposition by the court, including
 102-24  information concerning custody of a juvenile offender by a juvenile
 102-25  justice agency or probation;
 102-26              (18)  the date of disposition by the court;
 102-27              (19)  any commitment or release under supervision by
  103-1  the Texas Youth Commission;
  103-2              (20)  the date of any commitment or release under
  103-3  supervision by the Texas Youth Commission; and
  103-4              (21)  a description of each appellate proceeding.
  103-5        (c)  The department may designate codes relating to the
  103-6  information described by Subsection (b).
  103-7        (d)  The department shall designate a state identification
  103-8  number for each juvenile offender.
  103-9        (e)  This subchapter does not apply to a disposition that
 103-10  represents an administrative status notice of an agency described
 103-11  by Section 58.102(b).
 103-12        (f)  Records maintained by the department in the depository
 103-13  are subject to being sealed under Section 58.003.  The department
 103-14  shall  send to the appropriate juvenile court its certification of
 103-15  records that are eligible for sealing under Section 58.003(a).
 103-16        Sec. 58.105.  DUTIES OF JUVENILE BOARD.  Each juvenile board
 103-17  shall provide for:
 103-18              (1)  the compilation and maintenance of records and
 103-19  information needed for reporting information to the department
 103-20  under this subchapter;
 103-21              (2)  the transmittal to the department, in the manner
 103-22  provided by the department, of all records and information required
 103-23  by the department under this subchapter; and
 103-24              (3)  access by the department to inspect records and
 103-25  information to determine the completeness and accuracy of
 103-26  information reported.
 103-27        Sec. 58.106.  CONFIDENTIALITY.  (a)  Except as provided by
  104-1  Subsection (b), information contained in the juvenile justice
  104-2  information system is confidential information for the use of the
  104-3  department and may not be disseminated by the department except:
  104-4              (1)  with the permission of the juvenile offender, to
  104-5  military personnel of this state or the United States;
  104-6              (2)  to a person or entity to which the department may
  104-7  grant access to adult criminal history records as provided by
  104-8  Section 411.083, Government Code;
  104-9              (3)  a juvenile justice agency; and
 104-10              (4)  to the Criminal Justice Policy Council, the Texas
 104-11  Youth Commission, and the Texas Juvenile Probation Commission for
 104-12  analytical purposes.
 104-13        (b)  Subsection (a) does not apply to a document maintained
 104-14  by a juvenile justice agency that is the source of information
 104-15  collected by the department.
 104-16        Sec. 58.107.  COMPATIBILITY OF DATA.  Data supplied to the
 104-17  juvenile justice information system must be compatible with the
 104-18  system and must contain both incident numbers and state
 104-19  identification numbers.
 104-20        Sec. 58.108.  DUTIES OF AGENCIES AND COURTS.  (a)  A juvenile
 104-21  justice agency and a clerk of a juvenile court shall:
 104-22              (1)  compile and maintain records needed for reporting
 104-23  data required by the department;
 104-24              (2)  transmit to the department in the manner provided
 104-25  by the department data required by the department;
 104-26              (3)  give the department or its accredited agents
 104-27  access to the agency or court for the purpose of inspection to
  105-1  determine the completeness and accuracy of data reported; and
  105-2              (4)  cooperate with the department to enable the
  105-3  department to perform its duties under this chapter.
  105-4        (b)  A juvenile justice agency and clerk of a court shall
  105-5  retain documents described by this section.
  105-6        Sec. 58.109.  UNIFORM INCIDENT FINGERPRINT CARD.  (a)  The
  105-7  department may provide for the use of a uniform incident
  105-8  fingerprint card in the maintenance of the juvenile justice
  105-9  information system.
 105-10        (b)  The department shall design, print, and distribute to
 105-11  each law enforcement agency and juvenile intake agency uniform
 105-12  incident fingerprint cards.
 105-13        (c)  The incident cards must:
 105-14              (1)  be serially numbered with an incident number in a
 105-15  manner that allows each incident of referral of a juvenile offender
 105-16  who is the subject of the incident fingerprint card to be readily
 105-17  ascertained; and
 105-18              (2)  be multiple-part forms that can be transmitted
 105-19  with the juvenile offender through the juvenile justice process and
 105-20  that allow each agency to report required data to the department.
 105-21        (d)  Subject to available telecommunications capacity, the
 105-22  department shall develop the capability to receive by electronic
 105-23  means from a law enforcement agency the information on the uniform
 105-24  incident fingerprint card.  The information must be in a form that
 105-25  is compatible to the form required of data supplied to the juvenile
 105-26  justice information system.
 105-27        Sec. 58.110.  REPORTING.  (a)  The department by rule shall
  106-1  develop reporting procedures that ensure that the juvenile offender
  106-2  processing data is reported from the time a juvenile offender is
  106-3  initially taken into custody, detained, or referred until the time
  106-4  a juvenile offender is released from the jurisdiction of the
  106-5  juvenile justice system.
  106-6        (b)  The law enforcement agency or the juvenile intake agency
  106-7  that initiates the entry of the juvenile offender into the juvenile
  106-8  justice information system for a specific incident shall prepare a
  106-9  uniform incident fingerprint card and initiate the reporting
 106-10  process for each incident reportable under this subchapter.
 106-11        (c)  The clerk of the court exercising jurisdiction over a
 106-12  juvenile offender's case shall report the disposition of the case
 106-13  to the department.  A clerk of the court who violates this
 106-14  subsection commits an offense.  An offense under this subsection is
 106-15  a Class C misdemeanor.
 106-16        (d)  In each county, the reporting agencies may make
 106-17  alternative arrangements for reporting the required information,
 106-18  including combined reporting or electronic reporting, if the
 106-19  alternative reporting is approved by the juvenile board and the
 106-20  department.
 106-21        (e)  Except as otherwise required by applicable state laws or
 106-22  regulations, information required by this chapter to be reported to
 106-23  the department shall be reported promptly.  The information shall
 106-24  be reported not later than the 30th day after the date the
 106-25  information is received by the agency responsible for reporting the
 106-26  information, except that a juvenile offender's custody, detention,
 106-27  or referral without previous custody shall be reported to the
  107-1  department not later than the seventh day after the date of the
  107-2  custody, detention, or referral.
  107-3        (f)  Subject to available telecommunications capacity, the
  107-4  department shall develop the capability to receive by electronic
  107-5  means the information required under this section to be reported to
  107-6  the department.  The information must be in a form that is
  107-7  compatible to the form required of data to be reported under this
  107-8  section.
  107-9        Sec. 58.111.  LOCAL DATA ADVISORY BOARDS.  The commissioners
 107-10  court of each county may create a local data advisory board to
 107-11  perform the same duties relating to the juvenile justice
 107-12  information system as the duties performed by a local data advisory
 107-13  board in relation to the criminal history record system under
 107-14  Article 60.09, Code of Criminal Procedure.
 107-15        Sec. 58.112.  REPORT TO LEGISLATURE.  Not later than January
 107-16  15 of each year, the Criminal Justice Policy Council shall submit
 107-17  to the lieutenant governor, the speaker of the house of
 107-18  representatives, and the governor a report that contains the
 107-19  following statistical information relating to children referred to
 107-20  a juvenile court during the preceding year:
 107-21              (1)  the ages, races, and counties of residence of the
 107-22  children transferred to a district court or criminal district court
 107-23  for criminal proceedings; and
 107-24              (2)  the ages, races, and counties of residence of the
 107-25  children committed to the Texas Youth Commission, placed on
 107-26  probation, or discharged without any disposition.
 107-27        Sec. 58.113.  WARRANTS.  The department shall maintain in a
  108-1  computerized database that is accessible by the same entities that
  108-2  may access the juvenile justice information system information
  108-3  relating to a warrant of arrest, as that term is defined by Article
  108-4  15.01, Code of Criminal Procedure, or a directive to apprehend
  108-5  under Section 52.015 for any child, without regard to whether the
  108-6  child has been taken into custody.
  108-7             CHAPTER 59.  PROGRESSIVE SANCTIONS GUIDELINES
  108-8        Sec. 59.001.  PURPOSES.  The purposes of the progressive
  108-9  sanctions guidelines are to:
 108-10              (1)  ensure that juvenile offenders face uniform and
 108-11  consistent consequences and punishments that correspond to the
 108-12  seriousness of each offender's current offense, prior delinquent
 108-13  history, special treatment or training needs, and effectiveness of
 108-14  prior interventions;
 108-15              (2)  balance public protection and rehabilitation while
 108-16  holding juvenile offenders accountable;
 108-17              (3)  permit flexibility in the decisions made in
 108-18  relation to the juvenile offender to the extent allowed by law;
 108-19              (4)  consider the juvenile offender's circumstances;
 108-20  and
 108-21              (5)  improve juvenile justice planning and resource
 108-22  allocation by ensuring uniform and consistent reporting of
 108-23  disposition decisions at all levels.
 108-24        Sec. 59.002.  SANCTION LEVEL ASSIGNMENT BY PROBATION
 108-25  DEPARTMENT.  (a)  The probation department may assign a sanction
 108-26  level of one to a child referred to the probation department under
 108-27  Section 53.012.
  109-1        (b)  The probation department may assign a sanction level of
  109-2  two to a child for whom deferred prosecution is authorized under
  109-3  Section 53.03.
  109-4        Sec. 59.003.  SANCTION LEVEL ASSIGNMENT GUIDELINES.  (a)
  109-5  Subject to Subsection (e), after a child's first commission of
  109-6  delinquent conduct or conduct indicating a need for supervision,
  109-7  the probation department may or the juvenile court may, in a
  109-8  disposition hearing under Section 54.04, assign a child one of the
  109-9  following sanction levels according to the child's conduct:
 109-10              (1)  for conduct indicating a need for supervision,
 109-11  other than a Class A or B misdemeanor, the sanction level is one;
 109-12              (2)  for a Class A or B misdemeanor, other than a
 109-13  misdemeanor involving the use or possession of a firearm, or for
 109-14  delinquent conduct under Section 51.03(a)(2) or (3), the sanction
 109-15  level is two;
 109-16              (3)  for a misdemeanor involving the use or possession
 109-17  of a firearm or for a state jail felony or a felony of the third
 109-18  degree, the sanction level is three;
 109-19              (4)  for a felony of the second degree, the sanction
 109-20  level is four;
 109-21              (5)  for a felony of the first degree, other than a
 109-22  felony involving the use of a deadly weapon or causing serious
 109-23  bodily injury, the sanction level is five;
 109-24              (6)  for a felony of the first degree involving the use
 109-25  of a deadly weapon or causing serious bodily injury or  for an
 109-26  aggravated controlled substance felony, the sanction level is six
 109-27  or, if the petition has been approved by a grand jury under Section
  110-1  53.045, seven; or
  110-2              (7)  for a capital felony, the sanction level is seven.
  110-3        (b)  For a child's refusal to comply with the restrictions
  110-4  and standards of behavior established by the parent or guardian and
  110-5  the court, a parent or guardian may notify the court of the child's
  110-6  refusal to comply, and the court may place the child at the next
  110-7  level of sanction.  Notification of the court by the parent or
  110-8  guardian of the child's refusal satisfies the requirement of the
  110-9  parent to make a reasonable good faith effort to prevent the child
 110-10  from engaging in delinquent conduct or engaging in conduct
 110-11  indicating a need for supervision.
 110-12        (c)  Subject to Subsection (e), if the child's subsequent
 110-13  commission of delinquent conduct or conduct indicating a need for
 110-14  supervision involves a violation of a penal law of a classification
 110-15  that is the same as or greater than the classification of the
 110-16  child's previous conduct, the juvenile court may assign the child a
 110-17  sanction level that is one level higher than the previously
 110-18  assigned sanction level, unless the child's previously assigned
 110-19  sanction level is seven.
 110-20        (d)  Subject to Subsection (e), if the child's previously
 110-21  assigned sanction level is four or five and the child's subsequent
 110-22  commission of delinquent conduct is of the grade of felony, the
 110-23  juvenile court may assign the child a sanction level that is one
 110-24  level higher than the previously assigned sanction level.
 110-25        (e)  A juvenile court or probation department that deviates
 110-26  from the guidelines under this section shall state in writing its
 110-27  reasons for the deviation and submit the statement to the juvenile
  111-1  board.  Nothing in this chapter prohibits the imposition of
  111-2  appropriate sanctions that are different from those provided at any
  111-3  sanction level.
  111-4        (f)  The probation department may extend a period of
  111-5  probation specified under sanction levels one through five if the
  111-6  circumstances of the child warrant the extension and the probation
  111-7  department notifies the juvenile court in writing of the extension
  111-8  and the period of and reason for the extension.  The court may on
  111-9  notice to the probation department deny the extension.
 111-10        Sec. 59.004.  SANCTION LEVEL ONE.  (a)  For a child at
 111-11  sanction level one, the juvenile court or probation department may:
 111-12              (1)  require counseling for the child regarding the
 111-13  child's conduct;
 111-14              (2)  inform the child of the progressive sanctions that
 111-15  may be imposed on the child if the child continues to engage in
 111-16  delinquent conduct or conduct indicating a need for supervision;
 111-17              (3)  inform the child's parents or guardians of the
 111-18  parents' or guardians' responsibility to impose reasonable
 111-19  restrictions on the child to prevent the conduct from recurring;
 111-20              (4)  provide information or other assistance to the
 111-21  child or the child's parents or guardians in securing needed social
 111-22  services;
 111-23              (5)  require the child or the child's parents or
 111-24  guardians to participate in a program for services under Section
 111-25  264.302;
 111-26              (6)  refer the child to a community-based citizen
 111-27  intervention program approved by the juvenile court; and
  112-1              (7)  release the child to the child's parents or
  112-2  guardians.
  112-3        (b)  The probation department shall discharge the child from
  112-4  the custody of the probation department after the provisions of
  112-5  this section are met.
  112-6        Sec. 59.005.  SANCTION LEVEL TWO.  (a)  For a child at
  112-7  sanction level two, the juvenile court or the probation department
  112-8  may:
  112-9              (1)  place the child on court-ordered or informal
 112-10  probation for not less than three months or more than six months;
 112-11              (2)  require the child to make restitution to the
 112-12  victim of the child's conduct or perform community service
 112-13  restitution appropriate to the nature and degree of harm caused and
 112-14  according to the child's ability;
 112-15              (3)  require the child's parents or guardians to
 112-16  identify restrictions the parents or guardians will impose on the
 112-17  child's activities and requirements the parents or guardians will
 112-18  set for the child's behavior;
 112-19              (4)  provide the information required under Sections
 112-20  59.004(a)(2) and (4);
 112-21              (5)  require the child or the child's parents or
 112-22  guardians to participate in a program for services under Section
 112-23  264.302;
 112-24              (6)  refer the child to a community-based citizen
 112-25  intervention program approved by the juvenile court; and
 112-26              (7)  if appropriate, impose additional conditions of
 112-27  probation.
  113-1        (b)  The juvenile court or the probation department shall
  113-2  discharge the child from the custody of the probation department on
  113-3  the date the provisions of this section are met or on the child's
  113-4  18th birthday, whichever is earlier.
  113-5        Sec. 59.006.  SANCTION LEVEL THREE.  (a)  For a child at
  113-6  sanction level three, the juvenile court may:
  113-7              (1)  place the child on probation for not less than six
  113-8  months;
  113-9              (2)  require the child to make restitution to the
 113-10  victim of the child's conduct or perform community service
 113-11  restitution appropriate to the nature and degree of harm caused and
 113-12  according to the child's ability;
 113-13              (3)  impose specific restrictions on the child's
 113-14  activities and requirements for the child's behavior as conditions
 113-15  of probation;
 113-16              (4)  require a probation officer to closely monitor the
 113-17  child's activities and behavior;
 113-18              (5)  require the child or the child's parents or
 113-19  guardians to participate in programs or services designated by the
 113-20  court or probation officer; and
 113-21              (6)  if appropriate, impose additional conditions of
 113-22  probation.
 113-23        (b)  The juvenile court shall discharge the child from the
 113-24  custody of the probation department on the date the provisions of
 113-25  this section are met or on the child's 18th birthday, whichever is
 113-26  earlier.
 113-27        Sec. 59.007.  SANCTION LEVEL FOUR.  (a)  For a child at
  114-1  sanction level four, the juvenile court may:
  114-2              (1)  require the child to participate as a condition of
  114-3  probation for not less than three months in a highly intensive and
  114-4  regimented program that emphasizes discipline, physical fitness,
  114-5  social responsibility, and productive work;
  114-6              (2)  after release from the program described by
  114-7  Subdivision (1), continue the child on probation supervision for
  114-8  not less than six months or more than 12 months;
  114-9              (3)  require the child to make restitution to the
 114-10  victim of the child's conduct or perform community service
 114-11  restitution appropriate to the nature and degree of harm caused and
 114-12  according to the child's ability;
 114-13              (4)  impose highly structured restrictions on the
 114-14  child's activities and requirements for behavior of the child as
 114-15  conditions of probation;
 114-16              (5)  require a probation officer to closely monitor the
 114-17  child;
 114-18              (6)  require the child or the child's parents or
 114-19  guardians to participate in programs or services designed to
 114-20  address their particular needs and circumstances; and
 114-21              (7)  if appropriate, impose additional sanctions.
 114-22        (b)  The juvenile court shall discharge the child from the
 114-23  custody of the probation department on the date the provisions of
 114-24  this section are met or on the child's 18th birthday, whichever is
 114-25  earlier.
 114-26        Sec. 59.008.  SANCTION LEVEL FIVE.  (a)  For a child at
 114-27  sanction level five, the juvenile court may:
  115-1              (1)  require the child to participate as a condition of
  115-2  probation for not less than six months or more than nine months in
  115-3  a highly structured residential program that emphasizes discipline,
  115-4  accountability, physical fitness, and productive work;
  115-5              (2)  after release from the program described by
  115-6  Subdivision (1), continue the child on probation supervision for
  115-7  not less than six months or more than 12 months;
  115-8              (3)  require the child to make restitution to the
  115-9  victim of the child's conduct or perform community service
 115-10  restitution appropriate to the nature and degree of harm caused and
 115-11  according to the child's ability;
 115-12              (4)  impose highly structured restrictions on the
 115-13  child's activities and requirements for behavior of the child as
 115-14  conditions of probation;
 115-15              (5)  require a probation officer to closely monitor the
 115-16  child;
 115-17              (6)  require the child or the child's parents or
 115-18  guardians to participate in programs or services designed to
 115-19  address their particular needs and circumstances; and
 115-20              (7)  if appropriate, impose additional sanctions.
 115-21        (b)  The juvenile court shall discharge the child from the
 115-22  custody of the probation department on the date the provisions of
 115-23  this section are met or on the child's 18th birthday, whichever is
 115-24  earlier.
 115-25        Sec. 59.009.  SANCTION LEVEL SIX.  (a)  For a child at
 115-26  sanction level six, the juvenile court shall commit the child to
 115-27  the custody of the Texas Youth Commission.   The commission may:
  116-1              (1)  require the child to participate in a highly
  116-2  structured residential program that emphasizes discipline,
  116-3  accountability, fitness, training, and productive work for not less
  116-4  than nine months or more than 24 months unless the commission
  116-5  extends the period and the reason for an extension is documented;
  116-6              (2)  require the child to make restitution to the
  116-7  victim of the child's conduct or perform community service
  116-8  restitution appropriate to the nature and degree of the harm caused
  116-9  and according to the child's ability, if there is a victim of the
 116-10  child's conduct;
 116-11              (3)  require the child and the child's parents or
 116-12  guardians to participate in programs and services for their
 116-13  particular needs and circumstances; and
 116-14              (4)  if appropriate, impose additional sanctions.
 116-15        (b)  On release of the child under supervision, the Texas
 116-16  Youth Commission parole programs may:
 116-17              (1)  impose highly structured restrictions on the
 116-18  child's activities and requirements for behavior of the child as
 116-19  conditions of release under supervision;
 116-20              (2)  require a parole officer to closely monitor the
 116-21  child for not less than six months; and
 116-22              (3)  if appropriate, impose any other conditions of
 116-23  supervision.
 116-24        (c)  The Texas Youth Commission may discharge the child from
 116-25  the commission's custody on the date the provisions of this section
 116-26  are met or on the child's 19th birthday, whichever is earlier.
 116-27        Sec. 59.010.  SANCTION LEVEL SEVEN.  (a)  For a child at
  117-1  sanction level seven, the juvenile court shall sentence the child
  117-2  to commitment to the Texas Youth Commission under Section
  117-3  54.04(d)(3), 54.04(m), or 54.05(f).  The commission may:
  117-4              (1)  require the child to participate in a highly
  117-5  structured residential program that emphasizes discipline,
  117-6  accountability, fitness, training, and productive work for not less
  117-7  than 12 months or more than 10 years unless the commission extends
  117-8  the period and the reason for the extension is documented;
  117-9              (2)  require the child to make restitution to the
 117-10  victim of the child's conduct or perform community service
 117-11  restitution appropriate to the nature and degree of harm caused and
 117-12  according to the child's ability, if there is a victim of the
 117-13  child's conduct;
 117-14              (3)  require the child and the child's parents or
 117-15  guardians to participate in programs and services for their
 117-16  particular needs and circumstances; and
 117-17              (4)  impose any other appropriate sanction.
 117-18        (b)  On release of the child under supervision, the Texas
 117-19  Youth Commission parole programs may:
 117-20              (1)  impose highly structured restrictions on the
 117-21  child's activities and requirements for behavior of the child as
 117-22  conditions of release under supervision;
 117-23              (2)  require a parole officer to monitor the child
 117-24  closely for not less than 12 months; and
 117-25              (3)  impose any other appropriate condition of
 117-26  supervision.
 117-27        Sec. 59.011.  DUTY OF JUVENILE BOARD.  A juvenile board shall
  118-1  prepare a report to the Texas Juvenile Probation Commission, at
  118-2  least quarterly on forms provided by the commission, showing the
  118-3  referrals, probation or progressive sanctions violations, and
  118-4  commitments to the Texas Youth Commission administered under this
  118-5  chapter according to the progressive sanctions guidelines and the
  118-6  reasons for any deviations from the guidelines.
  118-7        Sec. 59.012.  REPORTS BY CRIMINAL JUSTICE POLICY COUNCIL.
  118-8  (a)  The Texas Youth Commission shall compile information, at least
  118-9  quarterly, showing the commitments, placements, parole releases,
 118-10  and revocations administered under this chapter according to the
 118-11  progressive sanctions guidelines and the reasons for any deviation
 118-12  from the guidelines.
 118-13        (b)  The Texas Juvenile Probation Commission and the Texas
 118-14  Youth Commission shall compile the information obtained under this
 118-15  section and Section 59.011 and submit this information to the
 118-16  Criminal Justice Policy Council.
 118-17        (c)  The Criminal Justice Policy Council shall analyze the
 118-18  information compiled by the Texas Juvenile Probation Commission and
 118-19  the Texas Youth Commission under this section and submit the
 118-20  council's findings and recommendations at least annually to the
 118-21  governor and both houses of the legislature showing the primary
 118-22  reasons for any deviation and the effect of the implementation of
 118-23  the sanctions guidelines on recidivism rates.
 118-24        Sec. 59.013.  LIABILITY.  The Texas Youth Commission, a
 118-25  juvenile board, a court, a person appointed by a court, an attorney
 118-26  for the state, a peace officer, or a law enforcement agency is not
 118-27  liable for a failure or inability to provide a service listed under
  119-1  Sections 59.004-59.010.
  119-2        Sec. 59.014.  APPEAL.  The failure or inability of any person
  119-3  to provide a service listed under Sections 59.004-59.010 or the
  119-4  failure of a court or of any person to make a sanction level
  119-5  assignment as provided in Section 59.002 or 59.003 may not be used
  119-6  by a child as a ground for appeal or for a postconviction writ of
  119-7  habeas corpus.
  119-8        Sec. 59.015.  WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS.
  119-9  On a finding by the juvenile court or probation department that a
 119-10  child's parents or guardians have made a reasonable good faith
 119-11  effort to prevent the child from engaging in delinquent conduct or
 119-12  engaging in conduct indicating a need for supervision and that,
 119-13  despite the parents' or guardians' efforts, the child continues to
 119-14  engage in such conduct, the court or probation department shall
 119-15  waive any sanction that may be imposed on the parents or guardians
 119-16  at any sanction level.
 119-17         CHAPTER 60.  UNIFORM INTERSTATE COMPACT ON JUVENILES
 119-18        Sec. 60.001.  SHORT TITLE.  This chapter may be cited as the
 119-19  Uniform Interstate Compact on Juveniles.
 119-20        Sec. 60.002.  EXECUTION OF INTERSTATE COMPACT.  The governor
 119-21  shall execute a compact on behalf of the state with any other state
 119-22  or states legally joining in it in substantially the following
 119-23  form:
 119-24                    INTERSTATE COMPACT ON JUVENILES
 119-25        The contracting states solemnly agree:
 119-26                               Article I
 119-27                         FINDINGS AND PURPOSE
  120-1        That juveniles who are not under proper supervision and
  120-2  control, or who have absconded, escaped, or run away are likely to
  120-3  endanger their own health, morals, and welfare, and the health,
  120-4  morals, and welfare of others.  The cooperation of the states party
  120-5  to this compact is therefore necessary to provide for the welfare
  120-6  and protection of juveniles and of the public with respect to (1)
  120-7  cooperative supervision of delinquent juveniles on probation or
  120-8  parole; (2) the return, from one state to another, of delinquent
  120-9  juveniles who have escaped or absconded; (3) the return, from one
 120-10  state to another, of nondelinquent juveniles who have run away from
 120-11  home; and (4) additional measures for the protection of juveniles
 120-12  and of the public, which any two or more of the party states may
 120-13  find desirable to undertake cooperatively.  In carrying out the
 120-14  provisions of this compact the party states shall be guided by the
 120-15  noncriminal, reformative, and protective policies which guide their
 120-16  laws concerning delinquent, neglected, or dependent juveniles
 120-17  generally.  It shall be the policy of the states party to this
 120-18  compact to cooperate and observe their respective responsibilities
 120-19  for the prompt return and acceptance of juveniles and delinquent
 120-20  juveniles who become subject to the provisions of this compact.
 120-21  The provisions of this compact shall be reasonably and liberally
 120-22  construed to accomplish the foregoing purposes.
 120-23                              Article II
 120-24                     EXISTING RIGHTS AND REMEDIES
 120-25        That all remedies and procedures provided by this compact
 120-26  shall be in addition to and not in substitution for other rights,
 120-27  remedies, and procedures, and shall not be in derogation of
  121-1  parental rights and responsibilities.
  121-2                              Article III
  121-3                              DEFINITIONS
  121-4        That, for the purpose of this compact, "delinquent juvenile"
  121-5  means any juvenile who has been adjudged delinquent and who, at the
  121-6  time the provisions of this compact are invoked, is still subject
  121-7  to the jurisdiction of the court that has made such adjudication or
  121-8  to the jurisdiction or supervision of an agency or institution
  121-9  pursuant to an order of such court; "probation or parole" means any
 121-10  kind of conditional release of juveniles authorized under the laws
 121-11  of the states party hereto; "court" means any court having
 121-12  jurisdiction over delinquent, neglected, or dependent children;
 121-13  "state" means any state, territory, or possessions of the United
 121-14  States, the District of Columbia, and the Commonwealth of Puerto
 121-15  Rico; and "residence" or any variant thereof means a place at which
 121-16  a home or regular place of abode is maintained.
 121-17                              Article IV
 121-18                          RETURN OF RUNAWAYS
 121-19        (a)  That the parent, guardian, person, or agency entitled to
 121-20  legal custody of a juvenile who has not been adjudged delinquent
 121-21  but who has run away without the consent of such parent, guardian,
 121-22  person, or agency may petition the appropriate court in the
 121-23  demanding state for the issuance of a requisition for his return.
 121-24  The petition shall state the name and age of the juvenile, the name
 121-25  of the petitioner, and the basis of entitlement to the juvenile's
 121-26  custody, the circumstances of his running away, his location if
 121-27  known at the time application is made, and such other facts as may
  122-1  tend to show that the juvenile who has run away is endangering his
  122-2  own welfare or the welfare of others and is not an emancipated
  122-3  minor.  The petition shall be verified by affidavit, shall be
  122-4  executed in duplicate, and shall be accompanied by two certified
  122-5  copies of the document or documents on which the petitioner's
  122-6  entitlement to the juvenile's custody is based, such as birth
  122-7  certificates, letters of guardianship, or custody decrees.  Such
  122-8  further affidavits and other documents as may be deemed proper may
  122-9  be submitted with such petition.  The judge of the court to which
 122-10  this application is made may hold a hearing thereon to determine
 122-11  whether for the purposes of this compact the petitioner is entitled
 122-12  to the legal custody of the juvenile, whether or not it appears
 122-13  that the juvenile has in fact run away without consent, whether or
 122-14  not he is an emancipated minor, and whether or not it is in the
 122-15  best interest of the juvenile to compel his return to the state.
 122-16  If the judge determines, either with or without a hearing, that the
 122-17  juvenile should be returned, he shall present to the appropriate
 122-18  court or to the executive authority of the state where the juvenile
 122-19  is alleged to be located a written requisition for the return of
 122-20  such juvenile.  Such requisition shall set forth the name and age
 122-21  of the juvenile, the determination of the court that the juvenile
 122-22  has run away without the consent of a parent, guardian, person, or
 122-23  agency entitled to his legal custody, and that it is in the best
 122-24  interest and for the protection of such juvenile that he be
 122-25  returned.  In the event that a proceeding for the adjudication of
 122-26  the juvenile as a delinquent, neglected, or dependent juvenile is
 122-27  pending in the court at the time when such juvenile runs away, the
  123-1  court may issue a requisition for the return of such juvenile upon
  123-2  its own motion, regardless of the consent of the parent, guardian,
  123-3  person, or agency entitled to legal custody, reciting therein the
  123-4  nature and circumstances of the pending proceeding.  The
  123-5  requisition shall in every case be executed in duplicate and shall
  123-6  be signed by the judge.  One copy of the requisition shall be filed
  123-7  with the compact administrator of the demanding state, there to
  123-8  remain on file subject to the provisions of law governing records
  123-9  of such court.  Upon the receipt of a requisition demanding the
 123-10  return of a juvenile who has run away, the court or the executive
 123-11  authority to whom the requisition is addressed shall issue an order
 123-12  to any peace officer or other appropriate person directing him to
 123-13  take into custody and detain such juvenile.  Such detention order
 123-14  must substantially recite the facts necessary to the validity of
 123-15  its issuance hereunder.  No juvenile detained upon such order shall
 123-16  be delivered over to the officer whom the court demanding him shall
 123-17  have appointed to receive him unless he shall first be taken
 123-18  forthwith before a judge of a court in the state, who shall inform
 123-19  him of the demand made for his return, and who may appoint counsel
 123-20  or guardian ad litem for him.  If the judge of such court shall
 123-21  find that the requisition is in order, he shall deliver such
 123-22  juvenile over to the officer whom the court demanding him shall
 123-23  have appointed to receive him.  The judge, however, may fix a
 123-24  reasonable time to be allowed for the purpose of testing the
 123-25  legality of the proceeding.
 123-26        Upon reasonable information that a person is a juvenile who
 123-27  has run away from another state party to this compact without the
  124-1  consent of a parent, guardian, person, or agency entitled to his
  124-2  legal custody, such juvenile may be taken into custody without a
  124-3  requisition and brought forthwith before a judge of the appropriate
  124-4  court who may appoint counsel or guardian ad litem for such
  124-5  juvenile and who shall determine after a hearing whether sufficient
  124-6  cause exists to hold the person, subject to the order of the court,
  124-7  for his own protection and welfare, for such a time not exceeding
  124-8  90 days as will enable his return to another state party to this
  124-9  compact pursuant to a requisition for his return from a court of
 124-10  that state.  If, at the time when a state seeks the return of a
 124-11  juvenile who has run away, there is pending in the state wherein he
 124-12  is found any criminal charge, or any proceeding to have him
 124-13  adjudicated a delinquent juvenile for an act committed in such
 124-14  state, or if he is suspected of having committed within such state
 124-15  a criminal offense or an act of juvenile delinquency, he shall not
 124-16  be returned without the consent of such state until discharged from
 124-17  prosecution or other form of proceeding, imprisonment, detention,
 124-18  or supervision for such offense of juvenile delinquency.  The duly
 124-19  accredited officers of any state party to this compact, upon the
 124-20  establishment of their authority and the identity of the juvenile
 124-21  being returned, shall be permitted to transport such juvenile
 124-22  through any and all states party to this compact, without
 124-23  interference.  Upon his return to the state from which he ran away,
 124-24  the juvenile shall be subject to such further proceedings as may be
 124-25  appropriate under the laws of that state.
 124-26        (b)  That the state to which a juvenile is returned under
 124-27  this article shall be responsible for payment of the transportation
  125-1  costs of such return.
  125-2        (c)  That "juvenile" as used in this article means any person
  125-3  who is a minor under the law of the state of residence of the
  125-4  parent, guardian, person, or agency entitled to the legal custody
  125-5  of such minor.
  125-6                               Article V
  125-7                   RETURN OF ESCAPEES AND ABSCONDERS
  125-8        (a)  That the appropriate person or authority from whose
  125-9  probation or parole supervision a delinquent juvenile has absconded
 125-10  or from whose institutional custody he has escaped shall present to
 125-11  the appropriate court or to the executive authority of the state
 125-12  where the delinquent juvenile is alleged to be located a written
 125-13  requisition for the return of such delinquent juvenile.  Such
 125-14  requisition shall state the name and age of the delinquent
 125-15  juvenile, the particulars of his adjudication as a delinquent
 125-16  juvenile, the circumstances of the breach of the terms of his
 125-17  probation or parole or of his escape from an institution or agency
 125-18  vested with his legal custody or supervision, and the location of
 125-19  such delinquent juvenile, if known, at the time the requisition is
 125-20  made.  The requisition shall be verified by affidavit, shall be
 125-21  executed in duplicate, and shall be accompanied by two certified
 125-22  copies of the judgment, formal adjudication, or order of commitment
 125-23  which subjects such delinquent juvenile to probation or parole or
 125-24  to the legal custody of the institution or agency concerned.  Such
 125-25  further affidavits and other documents as may be deemed proper may
 125-26  be submitted with such requisition.  One copy of the requisition
 125-27  shall be filed with the compact administrator of the demanding
  126-1  state, there to remain on file subject to the provisions of law
  126-2  governing records of the appropriate court.  Upon the receipt of a
  126-3  requisition demanding the return of a delinquent juvenile who has
  126-4  absconded or escaped, the court or the executive authority to whom
  126-5  the requisition is addressed shall issue an order to any peace
  126-6  officer or other appropriate person directing him to take into
  126-7  custody and detain such delinquent juvenile.  Such detention order
  126-8  must substantially recite the facts necessary to the validity of
  126-9  its issuance hereunder.  No delinquent juvenile detained upon such
 126-10  order shall be delivered over to the officer whom the appropriate
 126-11  person or authority demanding him shall have appointed to receive
 126-12  him unless he shall first be taken forthwith before a judge of an
 126-13  appropriate court in the state, who shall inform him of the demand
 126-14  made for his return and who may appoint counsel or guardian ad
 126-15  litem for him.  If the judge of such court shall find that the
 126-16  requisition is in order, he shall deliver such delinquent juvenile
 126-17  over to the officer whom the appropriate person or authority
 126-18  demanding him shall have appointed to receive him.  The judge,
 126-19  however, may fix a reasonable time to be allowed for the purpose of
 126-20  testing the legality of the proceeding.
 126-21        Upon reasonable information that a person is a delinquent
 126-22  juvenile who has absconded while on probation or parole, or escaped
 126-23  from an institution or agency vested with this  legal custody or
 126-24  supervision in any state party to this compact, such person may be
 126-25  taken into custody in any other state party to this compact without
 126-26  a requisition.  But in such event, he must be taken forthwith
 126-27  before a judge of the appropriate court, who may appoint counsel or
  127-1  guardian ad litem for such person and who shall determine, after a
  127-2  hearing, whether sufficient cause exists to hold the person subject
  127-3  to the order of the court for such a time, not exceeding 90 days,
  127-4  as will enable his detention under a detention order issued on a
  127-5  requisition pursuant to this article.  If, at the time when a state
  127-6  seeks the return of a delinquent juvenile who has either absconded
  127-7  while on probation or parole or escaped from an institution or
  127-8  agency vested with his legal custody or supervision, there is
  127-9  pending in the state wherein he is detained any criminal charge or
 127-10  any proceeding to have him adjudicated a delinquent juvenile for an
 127-11  act committed in such state, or if he is suspected of having
 127-12  committed within such state a criminal offense or an act of
 127-13  juvenile delinquency, he shall not be returned without the consent
 127-14  of such state until discharged from prosecution or other form of
 127-15  proceeding, imprisonment, detention, or supervision for such
 127-16  offense of juvenile delinquency.  The duly accredited officers of
 127-17  any state party to this compact, upon the establishment of their
 127-18  authority and the identity of the delinquent juvenile being
 127-19  returned, shall be permitted to transport such delinquent juvenile
 127-20  through any and all states party to this compact, without
 127-21  interference.  Upon his return to the state from which he escaped
 127-22  or absconded, the delinquent juvenile shall be subject to such
 127-23  further proceedings as may be appropriate under the laws of that
 127-24  state.
 127-25        (b)  That the state to which a delinquent juvenile is
 127-26  returned under this article shall be responsible for the payment of
 127-27  the transportation costs of such return.
  128-1                              Article VI
  128-2                      VOLUNTARY RETURN PROCEDURE
  128-3        That any delinquent juvenile who has absconded while on
  128-4  probation or parole, or escaped from an institution or agency
  128-5  vested with his legal custody or supervision in any state party to
  128-6  this compact, and any juvenile who has run away from any state
  128-7  party to this compact, who is taken into custody without a
  128-8  requisition in another state party to this compact under the
  128-9  provisions of Article IV(a) or of Article V(a), may consent to his
 128-10  immediate return to the state from which he absconded, escaped, or
 128-11  ran away.  Such consent shall be given by the juvenile or
 128-12  delinquent juvenile and his counsel or guardian ad litem, if any,
 128-13  by executing or subscribing in writing, in the presence of a judge
 128-14  of the appropriate court, which states that the juvenile or
 128-15  delinquent juvenile and his counsel or guardian ad litem, if any,
 128-16  consent to his return to the demanding state.  Before such consent
 128-17  shall be executed or subscribed, however, the judge, in the
 128-18  presence of counsel or guardian ad litem, if any, shall inform the
 128-19  juvenile or delinquent juvenile of his rights under this compact.
 128-20  When the consent has been duly executed, it shall be forwarded to
 128-21  and filed with the compact administrator of the state in which the
 128-22  court is located and the judge shall direct the officer having the
 128-23  juvenile or delinquent juvenile in custody to deliver him to the
 128-24  duly accredited officer or officers of the state demanding his
 128-25  return, and shall cause to be delivered to such officer or officers
 128-26  a copy of the consent.  The court may, however, upon the request of
 128-27  the state to which the juvenile or delinquent juvenile is being
  129-1  returned, order him to return unaccompanied to such state and shall
  129-2  provide him with a copy of such court order; in such event a copy
  129-3  of the consent shall be forwarded to the compact administrator of
  129-4  the state to which said juvenile or delinquent juvenile is ordered
  129-5  to return.
  129-6                              Article VII
  129-7         COOPERATIVE SUPERVISION OF PROBATIONERS AND PAROLEES
  129-8        (a)  That the duly constituted judicial and administrative
  129-9  authorities of a state party to this compact (herein called
 129-10  "sending state") may permit any delinquent juvenile within such
 129-11  state, placed on probation or parole, to reside in any other state
 129-12  party to this compact (herein called "receiving state") while on
 129-13  probation or parole, and the receiving state shall accept such
 129-14  delinquent juvenile, if the parent, guardian, or person entitled to
 129-15  the legal custody of such delinquent juvenile is residing or
 129-16  undertakes to reside within the receiving state.  Before granting
 129-17  such permission, opportunity shall be given to the receiving state
 129-18  to make such investigations as it deems necessary.  The authorities
 129-19  of the sending state shall send to the authorities of the receiving
 129-20  state copies of pertinent court orders, social case studies, and
 129-21  all other available information which may be of value to and assist
 129-22  the receiving state in supervising a probationer or parolee under
 129-23  this compact.  A receiving state, in its discretion, may agree to
 129-24  accept supervision of a probationer or parolee in cases where the
 129-25  parent, guardian, or person entitled to the legal custody of the
 129-26  delinquent juvenile is not a resident of the receiving state, and
 129-27  if so accepted the sending state may transfer supervision
  130-1  accordingly.
  130-2        (b)  That each receiving state will assume the duties of
  130-3  visitation and of supervision over any such delinquent juvenile and
  130-4  in the exercise of those duties will be governed by the same
  130-5  standards of visitation and supervision that prevail for its own
  130-6  delinquent juveniles released on probation or parole.
  130-7        (c)  That, after consultation between the appropriate
  130-8  authorities of the sending state and of the receiving state as to
  130-9  the desirability and necessity of returning such a delinquent
 130-10  juvenile, the duly accredited officers of a sending state may enter
 130-11  a receiving state and there apprehend and retake any such
 130-12  delinquent juvenile on probation or parole.  For that purpose, no
 130-13  formalities will be required, other than establishing the authority
 130-14  of the officer and the identity of the delinquent juvenile to be
 130-15  retaken and returned.  The decision of the sending state to retake
 130-16  a delinquent juvenile on probation or parole shall be conclusive
 130-17  upon and not reviewable within the receiving state, but if, at the
 130-18  time the sending state seeks to retake a delinquent juvenile on
 130-19  probation or parole, there is pending against him within the
 130-20  receiving state any criminal charge or any proceedings to have him
 130-21  adjudicated a delinquent juvenile for any act committed in such
 130-22  state or if he is suspected of having committed within such state a
 130-23  criminal offense or an act of juvenile delinquency, he shall not be
 130-24  returned without the consent of the receiving state until
 130-25  discharged from prosecution or other form of proceeding,
 130-26  imprisonment, detention, or supervision for such offense of
 130-27  juvenile delinquency.  The duly accredited officers of the sending
  131-1  state shall be permitted to transport delinquent juveniles being so
  131-2  returned through any and all states party to this compact, without
  131-3  interference.
  131-4        (d)  That the sending state shall be responsible under this
  131-5  article for paying the costs of transporting any delinquent
  131-6  juvenile to the receiving state or of returning any delinquent
  131-7  juvenile to the sending state.
  131-8                             Article VIII
  131-9                       RESPONSIBILITY FOR COSTS
 131-10        (a)  That the provisions of Articles IV(b), V(b), and VII(d)
 131-11  of this compact shall not be construed to alter or affect any
 131-12  internal relationship among the departments, agencies, and officers
 131-13  of and in the government of a party state, or between a party state
 131-14  and its subdivisions, as to the payment of costs, or
 131-15  responsibilities therefor.
 131-16        (b)  That nothing in this compact shall be construed to
 131-17  prevent any party state or subdivision thereof from asserting any
 131-18  right against any person, agency, or other entity in regard to
 131-19  costs for which such party state or subdivision thereof may be
 131-20  responsible pursuant to Articles IV(b), V(b), or VII(d) of this
 131-21  compact.
 131-22                              Article IX
 131-23                          DETENTION PRACTICES
 131-24        That, to every extent possible, it shall be the policy of
 131-25  states party to this compact that no juvenile or delinquent
 131-26  juvenile shall be placed or detained in any prison, jail, or lockup
 131-27  nor be detained or transported in association with criminal,
  132-1  vicious, or dissolute persons.
  132-2                               Article X
  132-3                       SUPPLEMENTARY AGREEMENTS
  132-4        That the duly constituted administrative authorities of a
  132-5  state party to this compact may enter into supplementary agreements
  132-6  with any other state or states party hereto for the cooperative
  132-7  care, treatment, and rehabilitation of delinquent juveniles
  132-8  whenever they shall find that such agreements will improve the
  132-9  facilities or programs available for such care, treatment, and
 132-10  rehabilitation.  Such care, treatment, and rehabilitation may be
 132-11  provided in an institution located within any state entering into
 132-12  such supplementary agreement.  Such supplementary agreements shall
 132-13  (1) provide the rates to be paid for the care, treatment, and
 132-14  custody of such delinquent juveniles, taking into consideration the
 132-15  character of facilities, services, and subsistence furnished; (2)
 132-16  provide that the delinquent juvenile shall be given a court hearing
 132-17  prior to his being sent to another state for care, treatment, and
 132-18  custody; (3)  provide that the state receiving such a delinquent
 132-19  juvenile in one of its institutions shall act solely as agent for
 132-20  the state sending such delinquent juvenile; (4) provide that the
 132-21  sending state shall at all times retain jurisdiction over
 132-22  delinquent juveniles sent to an institution in another state; (5)
 132-23  provide for reasonable inspection of such institutions by the
 132-24  sending state; (6) provide that the consent of the parent,
 132-25  guardian, person, or agency entitled to the legal custody of said
 132-26  delinquent juvenile shall be secured prior to his being sent to
 132-27  another state; and (7) make provision for such other matters and
  133-1  details as shall be necessary to protect the rights and equities of
  133-2  such delinquent juveniles and of the cooperating states.
  133-3                              Article XI
  133-4                  ACCEPTANCE OF FEDERAL AND OTHER AID
  133-5        That any state party to this compact may accept any and all
  133-6  donations, gifts, and grants of money, equipment, and services from
  133-7  the federal or any local government, or any agency thereof and from
  133-8  any person, firm, or corporation, for any of the purposes and
  133-9  functions of this compact, and may receive and utilize the same,
 133-10  subject to the terms, conditions, and regulations governing such
 133-11  donations, gifts, and grants.
 133-12                              Article XII
 133-13                        COMPACT ADMINISTRATORS
 133-14        That the governor of each state party to this compact shall
 133-15  designate an officer who, acting jointly with like officers of
 133-16  other party states, shall promulgate rules and regulations to carry
 133-17  out more effectively the terms and provisions of this compact.
 133-18                             Article XIII
 133-19                         EXECUTION OF COMPACT
 133-20        That this compact shall become operative immediately upon its
 133-21  execution by any state as between it and any other state or states
 133-22  so executing.  When executed it shall have the full force and
 133-23  effect of law within such state, the form or execution to be in
 133-24  accordance with the laws of the executing state.
 133-25                              Article XIV
 133-26                             RENUNCIATION
 133-27        That this compact shall continue in force and remain binding
  134-1  upon each executing state until renounced by it.  Renunciation of
  134-2  this compact shall be by the same authority which executed it, by
  134-3  sending six months notice in writing of its intention to withdraw
  134-4  from the compact to the other states party hereto.  The duties and
  134-5  obligations of a renouncing state under Article VII hereof shall
  134-6  continue as to parolees and probationers residing therein at the
  134-7  time of withdrawal until retaken or finally discharged.
  134-8  Supplementary agreements entered into under Article X hereof shall
  134-9  be subject to renunciation as provided by such supplementary
 134-10  agreements, and shall not be subject to the six months renunciation
 134-11  notice of the present article.
 134-12                              Article XV
 134-13                             SEVERABILITY
 134-14        That the provisions of this compact shall be severable and if
 134-15  any phrase, clause, sentence, or provision of this compact is
 134-16  declared to be contrary to the constitution of any participating
 134-17  state or of the United States or the applicability thereof to any
 134-18  government, agency, person, or circumstance is held invalid, the
 134-19  validity of the remainder of this compact and the applicability
 134-20  thereof to any government, agency, person, or circumstances shall
 134-21  not be affected thereby.  If this compact shall be held contrary to
 134-22  the constitution of any state participating therein, the compact
 134-23  shall remain in full force and effect as to the remaining states
 134-24  and in full force and effect as to the state affected as to all
 134-25  severable matters.
 134-26        Sec. 60.003.  EXECUTION OF ADDITIONAL ARTICLE.  The governor
 134-27  shall also execute on the behalf of the state with any other state
  135-1  or states legally joining in it, an additional article to the
  135-2  Interstate Compact on Juveniles in substantially the following
  135-3  form:
  135-4                              Article XVI
  135-5                          ADDITIONAL ARTICLE
  135-6        That this article shall provide additional remedies, and
  135-7  shall be binding only as among and between those party states which
  135-8  specifically execute the same.
  135-9        For the purposes of this article, "child," as used herein,
 135-10  means any minor within the jurisdictional age limits of any court
 135-11  in the home state.
 135-12        When any child is brought before a court of a state of which
 135-13  such child is not a resident, and such state is willing to permit
 135-14  such child's return to the home state of such child, such home
 135-15  state, upon being so advised by the state in which such proceeding
 135-16  is pending, shall immediately institute proceedings to determine
 135-17  the residence and jurisdictional facts as to such child in such
 135-18  home state, and upon finding that such child is in fact a resident
 135-19  of said state and subject to the jurisdiction of the court thereof
 135-20  shall within five days authorize the return of such child to the
 135-21  home state, and to the parent or custodial agency legally
 135-22  authorized to accept such custody in such home state, and at the
 135-23  expense of such home state, to be paid from such funds as such home
 135-24  state may procure, designate, or provide, prompt action being of
 135-25  the essence.
 135-26        Sec. 60.004.  EXECUTION OF AMENDMENT.  The governor shall
 135-27  also execute on the behalf of the state with any other state or
  136-1  states legally joining in it, an amendment to the Interstate
  136-2  Compact on Juveniles in substantially the following form:
  136-3                          RENDITION AMENDMENT
  136-4        (a)  This amendment shall provide additional remedies, and
  136-5  shall be binding only as among and between those party states which
  136-6  specifically execute the same.
  136-7        (b)  All provisions and procedures of Articles V and VI of
  136-8  the Interstate Compact on Juveniles shall be construed to apply to
  136-9  any juvenile charged with being a delinquent by reason of a
 136-10  violation of any criminal law.  Any juvenile charged with being a
 136-11  delinquent by reason of violating any criminal law shall be
 136-12  returned to the requesting state upon a requisition to the state
 136-13  where the juvenile may be found.  A petition in such case shall be
 136-14  filed in a court of competent jurisdiction in the requesting state
 136-15  where the violation of criminal law is alleged to have been
 136-16  committed.  The petition may be filed regardless of whether the
 136-17  juvenile has left the state before or after the filing of the
 136-18  petition.  The requisition described in Article V of the compact
 136-19  shall be forwarded by the judge of the court in which the petition
 136-20  has been filed.
 136-21        Sec. 60.005.  JUVENILE COMPACT ADMINISTRATOR.  Under the
 136-22  compact, the governor may designate an officer as the compact
 136-23  administrator.  The administrator, acting jointly with like
 136-24  officers of other party states, shall adopt regulations to carry
 136-25  out more effectively the terms of the compact.  The compact
 136-26  administrator serves at the pleasure of the governor.  The compact
 136-27  administrator shall cooperate with all departments, agencies, and
  137-1  officers of and in the government of this state and its
  137-2  subdivisions in facilitating the proper administration of the
  137-3  compact or of a supplementary agreement entered into by this state.
  137-4        Sec. 60.006.  SUPPLEMENTARY AGREEMENTS.  A compact
  137-5  administrator may make supplementary agreements with appropriate
  137-6  officials of other states pursuant to the compact.  If a
  137-7  supplementary agreement requires or contemplates the use of an
  137-8  institution or facility of this state or requires or contemplates
  137-9  the provision of a service of this state, the supplementary
 137-10  agreement has no force or effect until approved by the head of the
 137-11  department or agency under whose jurisdiction the institution is
 137-12  operated, or whose department or agency is charged with performing
 137-13  the service.
 137-14        Sec. 60.007.  FINANCIAL ARRANGEMENTS.  The compact
 137-15  administrator may make or arrange for the payments necessary to
 137-16  discharge the financial obligations imposed upon this state by the
 137-17  compact or by a supplementary agreement made under the compact,
 137-18  subject to legislative appropriations.
 137-19        Sec. 60.008.  ENFORCEMENT.  The courts, departments,
 137-20  agencies, and officers of this state and its subdivisions shall
 137-21  enforce this compact and shall do all things appropriate to
 137-22  effectuate its purposes and intent which are within their
 137-23  respective jurisdictions.
 137-24        Sec. 60.009.  ADDITIONAL PROCEDURES NOT PRECLUDED.  In
 137-25  addition to the procedures provided in Articles IV and VI of the
 137-26  compact for the return of a runaway juvenile, the particular
 137-27  states, the juvenile, or his parents, the courts, or other legal
  138-1  custodian involved may agree upon and adopt any plan or procedure
  138-2  legally authorized under the laws of this state and the other
  138-3  respective party states for the return of the runaway juvenile.
  138-4        SECTION 54.  Section 42.041(b), Human Resources Code, is
  138-5  amended to read as follows:
  138-6        (b)  This section does not apply to:
  138-7              (1)  a state-operated facility;
  138-8              (2)  an agency home;
  138-9              (3)  a facility that is operated in connection with a
 138-10  shopping center, business, religious organization, or establishment
 138-11  where children are cared for during short periods while parents or
 138-12  persons responsible for the children are attending religious
 138-13  services, shopping, or engaging in other activities on or near the
 138-14  premises, including but not limited to retreats or classes for
 138-15  religious instruction;
 138-16              (4)  a school or class for religious instruction that
 138-17  does not last longer than two weeks and is conducted by a religious
 138-18  organization during the summer months;
 138-19              (5)  a youth camp licensed by the Texas Department of
 138-20  Health;
 138-21              (6)  a hospital licensed by the Texas Department of
 138-22  Mental Health and Mental Retardation or the Texas Department of
 138-23  Health;
 138-24              (7)  an educational facility accredited by the Central
 138-25  Education Agency or the Southern Association of Colleges and
 138-26  Schools that operates primarily for educational purposes in grades
 138-27  kindergarten and above;
  139-1              (8)  an educational facility that operates solely for
  139-2  educational purposes in grades kindergarten through at least grade
  139-3  two, that does not provide custodial care for more than one hour
  139-4  during the hours before or after the customary school day, and that
  139-5  is a member of an organization that promulgates, publishes, and
  139-6  requires compliance with health, safety, fire, and sanitation
  139-7  standards equal to standards required by state, municipal, and
  139-8  county codes;
  139-9              (9)  a kindergarten or preschool educational program
 139-10  that is operated as part of a public school or a private school
 139-11  accredited by the Central Education Agency, that offers educational
 139-12  programs through grade six, and that does not provide custodial
 139-13  care during the hours before or after the customary school day;
 139-14              (10)  a family home, whether registered or not;
 139-15              (11)  an educational facility that is integral to and
 139-16  inseparable from its sponsoring religious organization or an
 139-17  educational facility both of which do not provide custodial care
 139-18  for more than two hours maximum per day, and that offers
 139-19  educational programs for children age five and above in one or more
 139-20  of the following:  kindergarten through at least grade three,
 139-21  elementary, or secondary grades; <or>
 139-22              (12)  an agency group home; <.>
 139-23              (13) <(12)>  an emergency shelter facility providing
 139-24  shelter to minor mothers who are the sole support of their natural
 139-25  children under Section 35.05, Family Code, unless the facility
 139-26  would otherwise require a license as a child-care facility under
 139-27  this section; or
  140-1              (14)  a juvenile detention facility certified under
  140-2  Section 51.12, Family Code, or Section 141.042(d) or a juvenile
  140-3  facility providing services solely for the Texas Youth Commission.
  140-4        SECTION 55.  Section 42.052, Human Resources Code, is amended
  140-5  by adding Subsection (g) to read as follows:
  140-6        (g)  The certification requirements of this section do not
  140-7  apply to a juvenile detention facility certified under Section
  140-8  51.12, Family Code, or Section 141.042(d).
  140-9        SECTION 56.  Subchapter C, Chapter 61, Human Resources Code,
 140-10  is amended by adding Section 61.0315 to read as follows:
 140-11        Sec. 61.0315.  REVIEW OF TREATMENT PROGRAMS.  (a)  The
 140-12  commission shall annually review the effectiveness of the
 140-13  commission's programs for the rehabilitation and reestablishment in
 140-14  society of children committed to the commission, including programs
 140-15  for sex offenders, capital offenders, children who are chemically
 140-16  dependent, and emotionally disturbed children.
 140-17        (b)  On or before December 31 of each year, the commission
 140-18  shall make a report on the effectiveness of the programs to the
 140-19  Legislative Budget Board.
 140-20        SECTION 57.  Section 61.073, Human Resources Code, is amended
 140-21  to read as follows:
 140-22        Sec. 61.073.  RECORDS OF EXAMINATIONS AND TREATMENT.  The
 140-23  commission shall keep written records of all examinations and
 140-24  conclusions based on them and of all orders concerning the
 140-25  disposition or treatment of each child subject to its control.
 140-26  These records are not public and are available only according to
 140-27  the provisions of Section 58.005 <51.14(b)>, Family Code.
  141-1        SECTION 58.  Subchapter D, Chapter 264, Family Code, as added
  141-2  by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
  141-3  is amended to read as follows:
  141-4               SUBCHAPTER D.  SERVICES TO AT-RISK YOUTH
  141-5        Sec. 264.301.  SERVICES FOR <RUNAWAY AND> AT-RISK YOUTH.  (a)
  141-6  The department shall operate a program to provide services for
  141-7  <runaway and other> children in at-risk situations and for the
  141-8  families of those children.
  141-9        (b)  The services under this section may include:
 141-10              (1)  crisis family intervention;
 141-11              (2)  emergency short-term residential care;
 141-12              (3)  family counseling;
 141-13              (4)  parenting skills training; <and>
 141-14              (5)  youth coping skills training;
 141-15              (6)  mentoring; and
 141-16              (7)  advocacy training.
 141-17        Sec. 264.302.  EARLY YOUTH INTERVENTION SERVICES.  (a)  This
 141-18  section applies to a child who:
 141-19              (1)  is seven years of age or older and under 17 years
 141-20  of age; and
 141-21              (2)  has not had the disabilities of minority for
 141-22  general purposes removed under Chapter 31.
 141-23        (b)  The department shall operate a program under this
 141-24  section to provide services for children in at-risk situations and
 141-25  for the families of those children.
 141-26        (c)  The department may not provide services under this
 141-27  section to a child who has at any time been referred to juvenile
  142-1  court for engaging in conduct that violates a penal law of this
  142-2  state of the grade of felony other than a state jail felony.
  142-3        (d)  The department may provide services under this section
  142-4  to a child who engages in conduct for which the child may be found
  142-5  by a court to be an at-risk child, without regard to whether the
  142-6  conduct violates a penal law of this state of the grade of felony
  142-7  other than a state jail felony, if the child was younger than 10
  142-8  years of age at the time the child engaged in the conduct.
  142-9        (e)  The department shall provide services, directly or by
 142-10  contract, for a child and the child's family if the child is
 142-11  referred to the department as an at-risk child by:
 142-12              (1)  a court under Section 264.304;
 142-13              (2)  a juvenile court or probation department as part
 142-14  of a progressive sanctions program under Chapter 59;
 142-15              (3)  a law enforcement officer or agency under Section
 142-16  52.03; or
 142-17              (4)  a justice or municipal court under Section 54.022.
 142-18        (f)  The services under this section may include:
 142-19              (1)  crisis family intervention;
 142-20              (2)  emergency short-term residential care for children
 142-21  10 years of age or older;
 142-22              (3)  family counseling;
 142-23              (4)  parenting skills training;
 142-24              (5)  youth coping skills training;
 142-25              (6)  advocacy training; and
 142-26              (7)  mentoring.
 142-27        Sec. 264.303.  COMMENCEMENT OF CIVIL ACTION FOR DETERMINATION
  143-1  OF AT-RISK CHILDREN.  (a)  The department may file a civil action
  143-2  to request any district court or county court, other than a
  143-3  juvenile court, to determine that a child is an at-risk child.  A
  143-4  person with whom the department contracts to provide services under
  143-5  Section 264.302 may file an action under this section if the
  143-6  department has approved the filing.
  143-7        (b)  Notice of the action must be provided to:
  143-8              (1)  the child;
  143-9              (2)  the parent, managing conservator, or guardian of
 143-10  the child; and
 143-11              (3)  any other member of the child's household who may
 143-12  be affected by an order of the court if the court finds that the
 143-13  child is an at-risk child.
 143-14        (c)  A person served with notice of the action may, but is
 143-15  not required, to file a written answer.  Any answer must be filed
 143-16  before the hearing on the action begins.
 143-17        Sec. 264.304.  HEARING; DETERMINATION OF AT-RISK CHILD.  (a)
 143-18  Unless a later date is requested by the department, the court shall
 143-19  set a date and time for the hearing not later than 30 days after
 143-20  the date the action is filed.
 143-21        (b)  The court is the trier of fact at the hearing.
 143-22        (c)  The court shall determine that the child is an at-risk
 143-23  child if the court finds that the child has engaged in the
 143-24  following conduct:
 143-25              (1)  conduct, other than a traffic offense and except
 143-26  as provided by Subsection (d), that violates:
 143-27                    (A)  the penal laws of this state; or
  144-1                    (B)  the penal ordinances of any political
  144-2  subdivision of this state;
  144-3              (2)  the unexcused voluntary absence of the child on 10
  144-4  or more days or parts of days within a six-month period or three or
  144-5  more days or parts of days within a four-week period from school
  144-6  without the consent of the child's parent, managing conservator, or
  144-7  guardian;
  144-8              (3)  the voluntary absence of the child from the
  144-9  child's home without the consent of the child's parent, managing
 144-10  conservator, or guardian for a substantial length of time or
 144-11  without intent to return;
 144-12              (4)  conduct that violates the laws of this state
 144-13  prohibiting driving while intoxicated or under the influence of
 144-14  intoxicating liquor (first or second offense) or driving while
 144-15  under the influence of any narcotic drug or of any other drug to a
 144-16  degree that renders the child incapable of safely driving a vehicle
 144-17  (first or second offense); or
 144-18              (5)  conduct that evidences a clear and substantial
 144-19  intent to engage in any behavior described by Subdivisions (1)-(4).
 144-20        (d)  The court may not determine that a child is an at-risk
 144-21  child if the court finds that the child engaged in conduct
 144-22  violating the penal laws of this state of the grade of felony other
 144-23  than a state jail felony when the child was 10 years of age or
 144-24  older.
 144-25        Sec. 264.305.  COURT ORDER FOR SERVICES.  (a)  Except as
 144-26  provided by Subsection (b), if the court finds that the child is an
 144-27  at-risk child under Section 264.304, the court may order the child,
  145-1  the child's parent, managing conservator, or guardian or any other
  145-2  member of the child's household to participate in services provided
  145-3  by the department under Section 264.302 and contained in a plan
  145-4  approved by the court.
  145-5        (b)  The court may order an at-risk child to participate in
  145-6  services involving emergency short-term residential care only if
  145-7  the court finds that the child engaged in conduct described by
  145-8  Section 264.304(c)(1), (2), (3), or (4).
  145-9        (c)  An order rendered by a court under this section expires
 145-10  not later than six months after the date the order was rendered.
 145-11        Sec. 264.306.  SANCTIONS.  (a)  A child who violates a court
 145-12  order under Section 264.305 by failing to participate in services
 145-13  provided by the department engages in conduct indicating a need for
 145-14  supervision and the department shall refer the child to an
 145-15  appropriate juvenile authority for proceedings under Title 3 for
 145-16  that conduct.
 145-17        (b)  A parent, managing conservator, guardian, or other
 145-18  member of the child's household who violates a court order under
 145-19  Section 264.305 by failing to participate in services provided by
 145-20  the department is subject to contempt of court.  The court may
 145-21  under its contempt powers impose a community service requirement.
 145-22        SECTION 59.  Subchapter B, Chapter 61, Human Resources Code,
 145-23  is amended by adding Section 61.0386 to read as follows:
 145-24        Sec. 61.0386.  INTERMEDIATE SANCTION FACILITIES.  (a)  The
 145-25  commission may establish, or contract with another person to
 145-26  establish, one or more intermediate sanction facilities that
 145-27  provide secure residential care for children.
  146-1        (b)  The commission may refuse to accept a child proposed to
  146-2  be placed in an intermediate sanction facility under Section
  146-3  54.04(d)(1)(C), Family Code, if:
  146-4              (1)  the commission determines that the services and
  146-5  level of security at the facility are not appropriate for the
  146-6  child; or
  146-7              (2)  space for the child is not available.
  146-8        (c)  In determining whether space is available in an
  146-9  intermediate sanction facility for a child on probation, the
 146-10  commission shall consider the extent the county from which the
 146-11  child is to be placed, in comparison to other counties, has
 146-12  exceeded targeted levels for annual commitments to the commission
 146-13  without relying on placements in an intermediate sanction facility.
 146-14        (d)  The commission may return to the juvenile court a child
 146-15  on probation in an intermediate sanction facility at any time the
 146-16  commission determines that:
 146-17              (1)  the services and level of security at the facility
 146-18  are not appropriate for the child; or
 146-19              (2)  the child's return is necessary to prevent
 146-20  overcrowding of the facility.
 146-21        (e)  The placement of a child in an intermediate sanction
 146-22  facility under Section 54.04(d)(1), Family Code, is not a
 146-23  commitment to the commission, and the child may not be transferred
 146-24  by the commission to, or be a resident of, any other type of
 146-25  commission facility other than a medical facility.
 146-26        SECTION 60.  Section 61.077, Human Resources Code, is amended
 146-27  to read as follows:
  147-1        Sec. 61.077.  Mentally Ill or Retarded Child.  (a)  If the
  147-2  commission determines that a child committed to it is mentally ill
  147-3  <or retarded>, the commission, without delay, shall return the
  147-4  child to the court of original jurisdiction for appropriate
  147-5  disposition or shall request that the court in the county where the
  147-6  child is located take any action required by the condition of the
  147-7  child.
  147-8        (b)  The commission shall accept a child committed to the
  147-9  commission who is mentally retarded.
 147-10        SECTION 61.  Section 61.079, Human Resources Code, is amended
 147-11  to read as follows:
 147-12        Sec. 61.079.  REFERRAL OF VIOLENT AND HABITUAL OFFENDERS FOR
 147-13  TRANSFER <REVIEW>.  (a)  After a child sentenced to commitment
 147-14  under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family Code,
 147-15  becomes 16 years of age but before the child becomes 21 years of
 147-16  age, the commission may refer the child to the juvenile court that
 147-17  entered the order of commitment for approval of the child's
 147-18  transfer to the institutional division of the Texas Department of
 147-19  Criminal Justice if:
 147-20              (1)  the child has not completed the sentence; and
 147-21              (2)  the child's conduct, regardless of whether the
 147-22  child was released under supervision under Section 61.081,
 147-23  indicates that the welfare of the community requires the transfer
 147-24  <During the sixth month before the month in which a person
 147-25  committed to the commission under a determinate sentence becomes 18
 147-26  years old, the  commission shall send to the juvenile court that
 147-27  entered the order of commitment a notice of the person's transfer
  148-1  to the Texas Department of Corrections if:>
  148-2              <(1)  the person will not have completed the sentence
  148-3  before the person's 18th birthday; and>
  148-4              <(2)  the person has not been finally released by the
  148-5  commission with the approval of the juvenile court that entered the
  148-6  order of commitment>.
  148-7        (b)  The commission shall cooperate with the court on any
  148-8  proceeding on the transfer <release> of the child <a person>.
  148-9        (c)  If a child is released under supervision, a
 148-10  determination under Section 61.075(4) revoking the child's release
 148-11  under supervision is required before referral of the child to the
 148-12  juvenile court under Subsection (a).
 148-13        SECTION 62.  Section 61.081, Human Resources Code, is amended
 148-14  by amending Subsections (f) and (g) and adding Subsection (h) to
 148-15  read as follows:
 148-16        (f)  If a child <under the age of 18> is committed to the
 148-17  commission under a determinate sentence under Section 54.04(d)(3),
 148-18  Section 54.04(m), or Section 54.05(f), Family Code, the commission
 148-19  may not release the child under supervision without approval of the
 148-20  juvenile court that entered the order of commitment unless the
 148-21  child has served at least:
 148-22              (1)  10 years, if the child was sentenced to commitment
 148-23  for conduct constituting capital murder;
 148-24              (2)  3 years, if the child was sentenced to commitment
 148-25  for conduct constituting an aggravated controlled substance felony
 148-26  or a felony of the first degree;
 148-27              (3)  2 years, if the child was sentenced to commitment
  149-1  for conduct constituting a felony of the second degree; or
  149-2              (4)  1 year, if the child was sentenced to commitment
  149-3  for conduct constituting a felony of the third degree.
  149-4        (g)  The commission may request the approval of the court
  149-5  under this section at any time.
  149-6        (h) <(g)>  If the commission finds that a child has violated
  149-7  an order under which the child is released under supervision, on
  149-8  notice by any reasonable method to all persons affected, the
  149-9  commission may order the child:
 149-10              (1)  to return to an institution;
 149-11              (2)  if the violation resulted in property damage or
 149-12  personal injury:
 149-13                    (A)  to make full or partial restitution to the
 149-14  victim of the offense; or
 149-15                    (B)  if the child is  financially unable to make
 149-16  full or partial restitution, to perform services for a charitable
 149-17  or educational institution; or
 149-18              (3)  to comply with any other conditions the commission
 149-19  considers appropriate.
 149-20        SECTION 63.  Subchapter F, Chapter 61, Human Resources Code,
 149-21  is amended by adding Section 61.0812 to read as follows:
 149-22        Sec. 61.0812.  TREATMENT FOR SUBSTANCE ABUSE.  Subject to an
 149-23  express appropriation to fund the treatment programs required by
 149-24  this section, the commission may not release a child under
 149-25  supervision or parole a child  if:
 149-26              (1)  the child has a substance abuse problem, including
 149-27  the use of a controlled substance, hazardous inhalable substances,
  150-1  or alcohol habitually; and
  150-2              (2)  the child has not completed a treatment program
  150-3  for the problem.
  150-4        SECTION 64.  Section 61.084, Human Resources Code, is amended
  150-5  to read as follows:
  150-6        Sec. 61.084.  TERMINATION OF CONTROL.  (a)  Except as
  150-7  provided by Subsections (b) and (c), if a person is committed to
  150-8  the commission under a determinate sentence under Section
  150-9  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
 150-10  the commission may not discharge the person from its custody
 150-11  <before the person's 18th birthday without the approval of the
 150-12  juvenile court that entered the order of commitment>.
 150-13        (b)  The commission shall  discharge without a court hearing
 150-14  a person committed to it for a determinate sentence under Section
 150-15  54.04(d)(3), Section 54.04(m), or  Section 54.05(f), Family Code,
 150-16  who has not been transferred to the institutional division of the
 150-17  Texas Department of Criminal Justice <or discharged> under a court
 150-18  order on the date that the time spent by the person in detention in
 150-19  connection with the committing case plus the time spent at the
 150-20  Texas Youth Commission under the order of commitment equals the
 150-21  period of the <determinate> sentence.
 150-22        (c)  The commission shall transfer to the institutional
 150-23  division of the  Texas Department of Criminal Justice a person who
 150-24  is the subject of an order under  Section 54.11(i)(2), Family Code,
 150-25  transferring the person  to the custody of the institutional
 150-26  division of the Texas Department of Criminal Justice for the
 150-27  completion of the person's <determinate> sentence.
  151-1        (d)  The commission shall transfer a person sentenced under a
  151-2  determinate sentence to commitment under Section 54.04(d)(3),
  151-3  54.04(m), or 54.05(f), Family Code, for delinquent conduct
  151-4  constituting the offense of capital murder to the institutional
  151-5  division of the Texas Department of Criminal Justice on the
  151-6  person's 21st birthday to serve the remainder of the sentence if
  151-7  the person has not:
  151-8              (1)  served at least 10 years of the person's sentence;
  151-9  or
 151-10              (2)  been transferred or released under supervision by
 151-11  court order.
 151-12        (e)  Except as provided by Subsection (d), (f), or (g), the
 151-13  <The> commission shall discharge from its custody a person not
 151-14  already discharged <or transferred> on the person's 21st birthday.
 151-15        (f)  The commission shall transfer a person who has been
 151-16  sentenced under a determinate sentence to commitment under Section
 151-17  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
 151-18  returned to the commission under Section 54.11(i)(1), Family Code,
 151-19  to the custody of the pardons and paroles division of the Texas
 151-20  Department of Criminal Justice to serve the remainder of the
 151-21  person's sentence on parole as provided by Section 29, Article
 151-22  42.18, Code of Criminal Procedure, when the person is released
 151-23  under supervision after becoming 19 years of age.
 151-24        (g)  The commission shall transfer a person who has been
 151-25  sentenced under a determinate sentence to commitment under Section
 151-26  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
 151-27  returned to the commission under Section 54.11(i)(1), Family Code,
  152-1  to the custody  of the pardons and paroles division of the Texas
  152-2  Department of Criminal Justice on the person's 21st birthday, if
  152-3  the person has not already been discharged or transferred, to serve
  152-4  the remainder of the person's sentence on parole as provided by
  152-5  Section 29, Article 42.18, Code of Criminal Procedure.
  152-6        SECTION 65.  Subchapter G, Chapter 61, Human Resources Code,
  152-7  is amended by adding Section 61.0911 to read as follows:
  152-8        Sec. 61.0911.  COORDINATED STRATEGIC PLAN.  The Texas Youth
  152-9  Commission shall biennially develop with the Texas Juvenile
 152-10  Probation Commission a coordinated strategic plan as required by
 152-11  Section 141.0471.
 152-12        SECTION 66.  Chapter 61, Human Resources Code, is amended by
 152-13  adding Subchapter H to read as follows:
 152-14                SUBCHAPTER H.  YOUTH BOOT CAMP PROGRAMS
 152-15        Sec. 61.101.  YOUTH BOOT CAMP PROGRAMS.  (a)  The commission
 152-16  may establish a youth boot camp program and may employ necessary
 152-17  personnel to operate the youth boot camps.
 152-18        (b)  The commission, in consultation with the Texas Juvenile
 152-19  Probation Commission, may develop a program of moral, academic,
 152-20  vocational, physical, and correctional training and activities in
 152-21  which a child placed in a youth boot camp as an intermediate
 152-22  sanction under Section 54.04(d)(1)(C), Family Code, is required to
 152-23  participate, including programs to educate the child as to the
 152-24  conditions under which children committed to the Texas Youth
 152-25  Commission and the institutional division of the Texas Department
 152-26  of Criminal Justice live and follow-up programs to aid successful
 152-27  community reintegration.
  153-1        (c)  The commission may refuse to accept a child in a youth
  153-2  boot camp as an intermediate sanction under Section 54.04(d)(1)(C),
  153-3  Family Code, and may return the child to the juvenile court in the
  153-4  same manner and under the same conditions provided under Section
  153-5  61.0386.
  153-6        (d)  The placement of a child in a youth boot camp as an
  153-7  intermediate sanction under Section 54.04(d)(1)(C), Family Code, is
  153-8  not a commitment to the commission, and the child may not be
  153-9  transferred by the commission, or be a resident of, any other type
 153-10  of commission facility other than a medical facility.
 153-11        (e)  The commission, in consultation with the Texas Juvenile
 153-12  Probation Commission, shall develop guidelines for a program of
 153-13  physical and correctional training and military-style discipline
 153-14  for children placed in youth boot camps operated by local probation
 153-15  departments for violating the conditions of release under
 153-16  supervision or parole under Section 61.081.
 153-17        (f)  The commission shall develop a program of physical and
 153-18  correctional training and military-style discipline for children
 153-19  committed to the commission who are placed in youth boot camps or
 153-20  other commission facilities.
 153-21        (g)  The commission shall adopt rules of conduct for children
 153-22  participating in the program under this section.
 153-23        Sec. 61.102.  CONTRACTS WITH PRIVATE VENDORS.  The commission
 153-24  may contract with a private vendor for the financing, construction,
 153-25  operation, maintenance, or management of a youth boot camp.  The
 153-26  commission may not award a contract under this section unless the
 153-27  commission requests proposals and receives a proposal that meets or
  154-1  exceeds, in addition to requirements specified in the request for
  154-2  proposals, the requirements specified in Section 61.103.
  154-3        Sec. 61.103.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
  154-4  PRIVATE VENDORS.  (a)  Any contract entered into by the commission
  154-5  with a private vendor for the financing, construction, operation,
  154-6  maintenance, or management of a youth boot camp under Section
  154-7  61.102 must comply with the following requirements:
  154-8              (1)  a person proposing to enter into a contract with
  154-9  the commission under this section must demonstrate the
 154-10  qualifications and the operations and management experience to
 154-11  carry out the terms of the contract; and
 154-12              (2)  in addition to meeting the requirements specified
 154-13  in the requests for proposals, a proposal must:
 154-14                    (A)  provide for regular, on-site monitoring by
 154-15  the commission;
 154-16                    (B)  offer a level and quality of programs at
 154-17  least equal to those provided by any other state-run youth boot
 154-18  camp;
 154-19                    (C)  permit the commission to terminate the
 154-20  contract for cause, including as cause the failure of the private
 154-21  vendor to meet the conditions required by this section and other
 154-22  conditions required by the contract;
 154-23                    (D)  if the proposal includes construction of a
 154-24  facility, contain a performance bond approved by the commission
 154-25  that is adequate and appropriate for the proposed contract;
 154-26                    (E)  provide for assumption of liability by the
 154-27  private vendor for all claims arising from the services performed
  155-1  under the contract by the private vendor;
  155-2                    (F)  provide for an adequate plan of insurance
  155-3  for the private vendor and its officers, guards, employees, and
  155-4  agents against all claims, including claims based on violations of
  155-5  civil rights arising from the services performed under the contract
  155-6  by the private vendor; and
  155-7                    (G)  provide for an adequate plan of insurance to
  155-8  protect the commission against all claims arising from the services
  155-9  performed under the contract by the private vendor and to protect
 155-10  the commission from actions by a third party against the private
 155-11  vendor and its officers, guards, employees, and agents as a result
 155-12  of the contract.
 155-13        (b)  A private vendor operating under a contract authorized
 155-14  by this subchapter may not claim sovereign immunity in a suit
 155-15  arising from the services performed under the contract by the
 155-16  private vendor.  This subsection does not deprive the private
 155-17  vendor or the commission of the benefit of any law limiting
 155-18  exposure to liability, setting a limit on damages, or establishing
 155-19  a defense to liability.
 155-20        SECTION 67.  Chapter 61, Human Resources Code, is amended by
 155-21  adding Subchapter I to read as follows:
 155-22                   SUBCHAPTER I.  INDUSTRIES PROGRAM
 155-23        Sec. 61.121.  PURPOSE; IMPLEMENTATION.  The purposes of the
 155-24  commission industries program are:
 155-25              (1)  to provide adequate employment and vocational
 155-26  training  for children; and
 155-27              (2)  to develop and expand public and private
  156-1  commission industries.
  156-2        Sec. 61.122.  ADVISORY COMMITTEE.  (a)  A commission
  156-3  industries advisory committee is created consisting of nine members
  156-4  appointed by the commission.
  156-5        (b)  Members serve staggered three-year terms, with the terms
  156-6  of three members expiring February 1 of each odd-numbered year.
  156-7        (c)  In making appointments under this section, the
  156-8  commission shall endeavor to include representatives of industries
  156-9  appropriate for hiring children committed to the commission.
 156-10        Sec. 61.123.  PAY AND DISTRIBUTION OF PAY.  The commission
 156-11  shall apportion wages earned by a child working under the
 156-12  industries program in amounts determined at the discretion of the
 156-13  commission, in the following priority:
 156-14              (1)  a person to whom the child has been ordered by a
 156-15  court or to whom the child has agreed to pay restitution;
 156-16              (2)  a person to whom the child has been ordered by a
 156-17  court to pay child support; and
 156-18              (3)  the child's student account.
 156-19        Sec. 61.124.  INDUSTRIES FUND.  (a)  A Texas Youth Commission
 156-20  industries program fund is created in the state treasury.
 156-21        (b)  Proceeds from the operation of the industries program
 156-22  shall be deposited in the fund.
 156-23        (c)  Money from the fund may be appropriated only for use by
 156-24  the commission for the administration of this subchapter.
 156-25        (d)  Sections 403.094 and 403.095, Government Code, do not
 156-26  apply to the fund.
 156-27        Sec. 61.125.  CONTRACTS.  To encourage the development and
  157-1  expansion of the industries program, the commission may enter into
  157-2  necessary contracts related to the program.
  157-3        Sec. 61.126.  DONATIONS.  The industries program may be
  157-4  financed through contributions donated for this purpose by private
  157-5  businesses contracting with the commission.
  157-6        Sec. 61.127.  GRANTS.  (a)  The commission may accept a grant
  157-7  for the vocational rehabilitation of children.
  157-8        (b)  The commission shall maintain a record of the receipt
  157-9  and disbursement of a grant and shall annually report to the
 157-10  lieutenant governor and the speaker of the house of representatives
 157-11  on the administration of grant funds.
 157-12        Sec. 61.128.  LEASE OF LAND.  (a)  The commission may lease
 157-13  land owned by the commission to a private business to expand and
 157-14  develop the industries program.
 157-15        (b)  The term of the lease may not exceed 20 years.
 157-16        (c)  The business must lease the land at fair market value.
 157-17        (d)  The business may construct a new facility on the land or
 157-18  convert an existing facility.
 157-19        Sec. 61.129.  CERTIFICATION FOR FRANCHISE CREDIT.  The
 157-20  commission shall prepare and issue a certification that a
 157-21  corporation requires for the franchise tax credit for wages paid as
 157-22  provided by Subchapter M, Chapter 171, Tax Code.
 157-23        Sec. 61.130.  OPTIONAL AD VALOREM TAX ABATEMENT.  (a)  A
 157-24  business contracting with the commission may enter into an ad
 157-25  valorem tax abatement agreement under Subchapters B and C, Chapter
 157-26  312, Tax Code, with the governing body of the municipality and
 157-27  county in which the business is located.
  158-1        (b)  If an area in which businesses contracting with the
  158-2  commission under this subchapter is designated as a reinvestment
  158-3  zone under Chapter 312, Tax Code, the area satisfies Section
  158-4  312.202(a)(6), Tax Code, in that the area would be reasonably
  158-5  likely as a result of the designation to contribute to the
  158-6  retention or expansion of primary employment or to attract major
  158-7  investment in the zone that would be a benefit to the property and
  158-8  that would contribute to the economic development of the entity
  158-9  designating the area as a reinvestment zone.
 158-10        SECTION 68.  Section 141.042, Human Resources Code, is
 158-11  amended to read as follows:
 158-12        Sec. 141.042.  RULES GOVERNING JUVENILE BOARDS, PROBATION
 158-13  DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.  (a)
 158-14  The commission shall adopt reasonable rules that provide:
 158-15              (1)  minimum standards for personnel, staffing, case
 158-16  loads, programs, facilities, record keeping, equipment, and other
 158-17  aspects of the operation of a juvenile board that are necessary to
 158-18  provide adequate and effective probation services;
 158-19              (2)  a code of ethics for probation officers and for
 158-20  the enforcement of that code;
 158-21              (3)  appropriate educational, preservice and in-service
 158-22  training, and certification standards for probation officers or
 158-23  court-supervised community-based program personnel; and
 158-24              (4)  minimum standards for juvenile detention
 158-25  facilities, public post-adjudication juvenile secure correctional
 158-26  facilities that are operated under the authority of a juvenile
 158-27  board, and private post-adjudication juvenile secure correctional
  159-1  facilities, except those facilities exempt from certification by
  159-2  Section 42.052(e).
  159-3        (b)  In adopting the rules, the commission shall consider
  159-4  local information and evidence gathered through public review and
  159-5  comment.
  159-6        (c)  The commission shall annually monitor compliance with
  159-7  the standards established under Subsection (a)(4) if the juvenile
  159-8  board has elected to comply with those standards or shall annually
  159-9  ensure that the facility is certified by the American Correctional
 159-10  Association if the juvenile board has elected to comply with those
 159-11  standards.
 159-12        (d)  The commission shall annually inspect any private,
 159-13  post-adjudication juvenile secure correctional facility if the
 159-14  juvenile board of the county in which the facility is located has
 159-15  not inspected it during the previous year, except a facility exempt
 159-16  from certification by Section 42.052(e).
 159-17        (e)  The commission shall develop for voluntary use by
 159-18  juvenile probation departments a standard assessment tool for the
 159-19  initial assessment of children under the jurisdiction of probation
 159-20  departments.  The commission shall give priority to training in the
 159-21  use of this tool in any preservice or in-service training that the
 159-22  commission provides for probation officers.  The assessment tool
 159-23  shall:
 159-24              (1)  facilitate assessment of a child's mental health,
 159-25  family background, and level of education; and
 159-26              (2)  assist juvenile probation departments in
 159-27  determining when a child in the department's jurisdiction is in
  160-1  need of comprehensive psychological or other evaluation.
  160-2        (f)  The commission shall monitor compliance with alternative
  160-3  referral programs adopted by juvenile boards under Section 53.01,
  160-4  Family Code.
  160-5        SECTION 69.  Subchapter C, Chapter 141, Human Resources Code,
  160-6  is amended by adding Sections 141.0432, 141.0433, and 141.0434 to
  160-7  read as follows:
  160-8        Sec. 141.0432.  YOUTH BOOT CAMP PROGRAMS.  (a)  The
  160-9  commission shall work with local juvenile boards and local juvenile
 160-10  probation departments to establish policies and guidelines for
 160-11  youth boot camp programs for children.
 160-12        (b)  The commission, local juvenile boards, and local
 160-13  juvenile probation departments may work together to develop a
 160-14  program of moral, academic, vocational, physical, and correctional
 160-15  training and military-style discipline for children placed in youth
 160-16  boot camps on probation under Section 54.04(d)(1)(B), Family Code,
 160-17  or for violating the conditions of probation as determined under
 160-18  Section 54.05(f), Family Code, including follow-up programs to aid
 160-19  successful community reintegration.
 160-20        (c)  The commission, local juvenile boards, and local
 160-21  juvenile probation departments shall adopt rules of conduct for
 160-22  children participating in the program under this section.
 160-23        (d)  Local juvenile boards and local juvenile probation
 160-24  departments may enter into agreements with each other to jointly
 160-25  establish regional youth boot camps.
 160-26        (e)  Local juvenile probation departments may contract with
 160-27  the Texas Youth Commission to provide services to persons who
  161-1  violate conditions of parole as determined under Section 61.075.
  161-2        Sec. 141.0433.  CONTRACTS WITH PRIVATE VENDORS.  The
  161-3  commission may contract with a private vendor for the financing,
  161-4  construction, operation, maintenance, or management of a youth boot
  161-5  camp.  The commission may not award a contract under this section
  161-6  unless the commission requests proposals and receives a proposal
  161-7  that meets or exceeds, in addition to requirements specified in the
  161-8  request for proposals, the requirements specified in Section
  161-9  141.0434.
 161-10        Sec. 141.0434.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
 161-11  PRIVATE VENDORS.  (a)  Any contract entered into by the commission
 161-12  with a private vendor for the financing, construction, operation,
 161-13  maintenance, or management of a youth boot camp under Section
 161-14  141.0433 must comply with the following requirements:
 161-15              (1)  a person proposing to enter into a contract with
 161-16  the commission under that section must demonstrate the
 161-17  qualifications and the operations and management experience to
 161-18  carry out the terms of the contract; and
 161-19              (2)  in addition to meeting the requirements specified
 161-20  in the requests for proposals, a proposal must:
 161-21                    (A)  provide for regular, on-site monitoring by
 161-22  the commission;
 161-23                    (B)  offer a level and quality of programs at
 161-24  least equal to those provided by any other state-run youth boot
 161-25  camp;
 161-26                    (C)  permit the commission to terminate the
 161-27  contract for cause, including as cause the failure of the private
  162-1  vendor to meet the conditions required by this section and other
  162-2  conditions required by the contract;
  162-3                    (D)  if the proposal includes construction of a
  162-4  facility, contain a performance bond approved by the commission
  162-5  that is adequate and appropriate for the proposed contract;
  162-6                    (E)  provide for assumption of liability by the
  162-7  private vendor for all claims arising from the services performed
  162-8  under the contract by the private vendor;
  162-9                    (F)  provide for an adequate plan of insurance
 162-10  for the private vendor and its officers, guards, employees, and
 162-11  agents against all claims, including claims based on violations of
 162-12  civil rights arising from the services performed under the contract
 162-13  by the private vendor; and
 162-14                    (G)  provide for an adequate plan of insurance to
 162-15  protect the commission against all claims arising from the services
 162-16  performed under the contract by the private vendor and to protect
 162-17  the commission from actions by a third party against the private
 162-18  vendor and its officers, guards, employees, and agents as a result
 162-19  of the contract.
 162-20        (b)  A private vendor operating under a contract authorized
 162-21  by this subchapter may not claim sovereign immunity in a suit
 162-22  arising from the services performed under the contract by the
 162-23  private vendor.  This subsection does not deprive the private
 162-24  vendor or the commission of the benefit of any law limiting
 162-25  exposure to liability, setting a limit on damages, or establishing
 162-26  a defense to liability.
 162-27        SECTION 70.  Subchapter C, Chapter 141, Human Resources Code,
  163-1  is amended by adding Section 141.0471 to read as follows:
  163-2        Sec. 141.0471.  COORDINATED STRATEGIC PLAN FOR JUVENILE
  163-3  JUSTICE SYSTEM.  (a)  The commission and the Texas Youth Commission
  163-4  shall biennially develop a coordinated strategic plan which shall
  163-5  guide, but not substitute for, the strategic plans developed
  163-6  individually by the agencies.
  163-7        (b)  The plan shall:
  163-8              (1)  identify short-term and long-term policy goals;
  163-9              (2)  identify time frames and strategies for meeting
 163-10  the goals identified under Subdivision (1);
 163-11              (3)  estimate population projections, including
 163-12  projections of population characteristics;
 163-13              (4)  estimate short-term and long-term capacity,
 163-14  programmatic, and funding needs;
 163-15              (5)  describe intensive service and surveillance parole
 163-16  pilot programs to be jointly developed;
 163-17              (6)  include an evaluation of aftercare services
 163-18  emphasizing concrete outcome measures, including recidivism and
 163-19  educational progress;
 163-20              (7)  identify objective criteria for the various
 163-21  decision points throughout the continuum of juvenile justice
 163-22  services and sanctions to guard against disparate treatment of
 163-23  minority youth; and
 163-24              (8)  identify cross-agency outcome measures by which to
 163-25  evaluate the effectiveness of the system generally.
 163-26        (c)  Each agency shall by rule adopt the coordinated
 163-27  strategic plan on or before December 1st of each odd-numbered year,
  164-1  or before the adoption of the agency's individual strategic plan,
  164-2  whichever is earlier.
  164-3        SECTION 71.  Section 141.085(a), Human Resources Code, is
  164-4  amended to read as follows:
  164-5        (a)  The commission shall refuse, reduce, or suspend payment
  164-6  of state aid to:
  164-7              (1)  a juvenile board that fails to comply with the
  164-8  commission's rules or fails to maintain local financial support; or
  164-9              (2)  a county that fails to comply with the minimum
 164-10  standards provided under Section 141.042(a)(4).
 164-11        SECTION 72.  Subchapter E, Chapter 141, Human Resources Code,
 164-12  is amended by adding Section 141.086 to read as follows:
 164-13        Sec. 141.086.  FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
 164-14  FACILITIES.  (a)  The commission may provide state aid to a county
 164-15  to acquire, construct, and equip post-adjudication residential or
 164-16  day-treatment centers from money appropriated for those purposes.
 164-17  The facilities may be used for children who are placed on probation
 164-18  by a juvenile court under Section 54.04, Family Code, as an
 164-19  alternative to commitment to the facilities of the Texas Youth
 164-20  Commission.
 164-21        (b)  State funds provided to counties under Subsection (a)
 164-22  must be matched by local funds equal to at least one-fourth of the
 164-23  state funds.
 164-24        (c)  From money appropriated for construction of the
 164-25  facilities described by Subsection (a), the commission shall
 164-26  contract with the Texas Department of Criminal Justice for
 164-27  construction management services, including:
  165-1              (1)  evaluation of project plans and specifications;
  165-2  and
  165-3              (2)  review and comment on the selection of architects
  165-4  and engineers, change orders, and sufficiency of project
  165-5  inspection.
  165-6        (d)  On completion of the review of project plans and
  165-7  specifications under Subsection (c), the Texas Department of
  165-8  Criminal Justice shall issue a comprehensive report that states in
  165-9  detail the proposed cost of the project.  The commission shall use
 165-10  the report in making a comparative evaluation of proposed projects
 165-11  and shall give priority to the projects the commission finds are
 165-12  the most effective and economical.
 165-13        (e)  The commission may not award money for a capital
 165-14  construction project for a facility under this section unless the
 165-15  commission receives from the commissioners court of the county
 165-16  intending to use the facility a written commitment that the
 165-17  commissioners court has reviewed and accepted the conditions of the
 165-18  award.  If more than one county intends to use the facility, the
 165-19  commission must receive from each county a written commitment that
 165-20  the county will agree with the other counties to an interlocal
 165-21  contract to operate the facility in accordance with the conditions
 165-22  of the award.
 165-23        (f)  A county receiving state aid under this section shall
 165-24  adhere to commission standards for the construction and operation
 165-25  of a post-adjudication secure residential facility.
 165-26        (g)  For a facility constructed under this section, the
 165-27  following amounts may be appropriated:
  166-1              (1)  not more than 50 percent of the operating costs of
  166-2  the facility during the 1997 fiscal year; and
  166-3              (2)  not more than 25 percent of the operating costs of
  166-4  the facility during each of the 1998 and 1999 fiscal years.
  166-5        (h)  It is the intent of the legislature to appropriate the
  166-6  full amount of money authorized under Subsection (g)(2).
  166-7        (i)  On and after September 1, 1999, a facility constructed
  166-8  under this section must be operated entirely by the county using
  166-9  the facility.
 166-10        (j)  The commission shall conduct an annual audit of the
 166-11  operating costs for a fiscal year of a facility constructed under
 166-12  this section for each fiscal year through fiscal year 1999.  The
 166-13  commission shall submit a report on the results of the audit to the
 166-14  Legislative Budget Board and the governor not later than the 60th
 166-15  day after the last day of the fiscal year covered by the audit.
 166-16        (k)  In this section, "operating costs" means the operating
 166-17  costs of a facility at an 80-percent occupancy rate.
 166-18        SECTION 73.  Section 152.0007, Human Resources Code, is
 166-19  amended to read as follows:
 166-20        Sec. 152.0007.  Duties.  (a)  The juvenile board shall:
 166-21              (1)  establish a juvenile probation department and
 166-22  employ personnel to conduct probation services, including a chief
 166-23  probation officer and, if more than one officer is necessary,
 166-24  assistant officers, who meet the standards set by the Texas
 166-25  Juvenile Probation Commission; and
 166-26              (2)  operate or supervise juvenile services in the
 166-27  county and make recommendations as to the need for and purchase of
  167-1  services.
  167-2        (b)  The board may establish guidelines for the initial
  167-3  assessment of a child by the juvenile probation department.  The
  167-4  guidelines shall provide a means for assessing a child's mental
  167-5  health status, family background, and level of education.  The
  167-6  guidelines shall assist the probation department in determining
  167-7  whether a comprehensive psychological evaluation of the child
  167-8  should be conducted.  The board shall require that probation
  167-9  department personnel use assessment information compiled by the
 167-10  child's school, if the information is available, before conducting
 167-11  a comprehensive psychological evaluation of the child.  The board
 167-12  may adopt all or part of the Texas Juvenile Probation Commission's
 167-13  minimum standards for assessment under Section 141.042 in complying
 167-14  with this subsection.
 167-15        SECTION 74.  Section 152.0010(a), Human Resources Code, is
 167-16  amended to read as follows:
 167-17        (a)  Each juvenile board shall appoint an advisory council
 167-18  consisting of not more than nine citizen members, including:
 167-19              (1)  a prosecuting attorney as defined by Section
 167-20  51.02, Family Code;
 167-21              (2)  a mental health professional;
 167-22              (3)  a medical health professional; and
 167-23              (4)  a representative of the education community.
 167-24        SECTION 75.  Subchapter A, Chapter 152, Human Resources Code,
 167-25  is amended by adding Section 152.0011 to read as follows:
 167-26        Sec. 152.0011.  LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
 167-27  PRIVATE VENDORS.  (a)  The juvenile board or local probation
  168-1  department may establish a youth boot camp and employ necessary
  168-2  personnel to operate the camp.
  168-3        (b)  The juvenile board or local probation department may
  168-4  contract with a private vendor for the financing, construction,
  168-5  operation, maintenance, or management of a youth boot camp in the
  168-6  same manner as the state.  The juvenile board may not award a
  168-7  contract under this subsection unless the board requests proposals
  168-8  and receives a proposal that meets or exceeds, in addition to
  168-9  requirements specified in the request for proposals, the
 168-10  requirements specified in Section 141.0434.
 168-11        (c)  A juvenile board youth boot camp must offer a program
 168-12  that complies with the requirements of the youth boot camps set
 168-13  forth in Section 141.0432.
 168-14        (d)  If a juvenile board or its designee determines that a
 168-15  child is not complying with the rules of conduct promulgated by the
 168-16  commission or is medically or psychologically unsuitable for the
 168-17  program, the board shall terminate the child's participation in the
 168-18  program and request the sentencing court to reassume custody of the
 168-19  child.
 168-20        SECTION 76.  Subchapter A, Chapter 152, Human Resources Code,
 168-21  is amended by adding Section 152.0012 to read as follows:
 168-22        Sec. 152.0012.  BUDGET.  The juvenile board shall prepare a
 168-23  budget for the juvenile probation department and the other
 168-24  facilities and programs under the jurisdiction of the juvenile
 168-25  board.  The commissioners court shall review and consider only the
 168-26  amount of county funds derived from county taxes, fees, and other
 168-27  county sources in the budget.  The commissioners court may not
  169-1  review any part of the budget derived from state funds.
  169-2        SECTION 77.  Section 8.07, Penal Code, is amended to read as
  169-3  follows:
  169-4        Sec. 8.07.  AGE AFFECTING CRIMINAL RESPONSIBILITY.  (a)  A
  169-5  person may not be prosecuted for or convicted of any offense that
  169-6  he committed when younger than 15 years of age except:
  169-7              (1)  perjury and aggravated perjury when it appears by
  169-8  proof that he had sufficient discretion to understand the nature
  169-9  and obligation of an oath;
 169-10              (2)  a violation of a penal statute cognizable under
 169-11  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
 169-12  (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
 169-13  which violates the laws of this state prohibiting driving while
 169-14  intoxicated or under the influence of intoxicating liquor (first or
 169-15  subsequent offense) or driving while under the influence of any
 169-16  narcotic drug or of any other drug to a degree which renders him
 169-17  incapable of safely driving a vehicle (first or subsequent
 169-18  offense)>;
 169-19              (3)  a violation of a motor vehicle traffic ordinance
 169-20  of an incorporated city or town in this state;
 169-21              (4)  a misdemeanor punishable by fine only other than
 169-22  public intoxication; <or>
 169-23              (5)  a violation of a penal ordinance of a political
 169-24  subdivision; or
 169-25              (6)  a violation of a penal statute that is, or is a
 169-26  lesser included offense of, a capital felony, an aggravated
 169-27  controlled substance felony, or a felony of the first degree for
  170-1  which the person is transferred to the court under Section 54.02,
  170-2  Family Code, for prosecution if the person committed the offense
  170-3  when 14 years of age or older.
  170-4        (b)  Unless the juvenile court waives jurisdiction under
  170-5  Section 54.02, Family Code, and certifies the individual for
  170-6  criminal prosecution or the juvenile court has previously waived
  170-7  jurisdiction under that section and certified the individual for
  170-8  criminal prosecution, a person may not be prosecuted for or
  170-9  convicted of any offense committed before reaching 17 years of age
 170-10  except an offense described by Subsections (a)(1)-(5)<:>
 170-11              <(1)  perjury and aggravated perjury when it appears by
 170-12  proof that he had sufficient discretion to understand the nature
 170-13  and obligation of an oath;>
 170-14              <(2)  a violation of a penal statute cognizable under
 170-15  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
 170-16  as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
 170-17  conduct which violates the laws of this state prohibiting driving
 170-18  while intoxicated or under the influence of intoxicating liquor
 170-19  (first or subsequent offense) or driving while under the influence
 170-20  of any narcotic drug or of any other drug to a degree which renders
 170-21  him incapable of safely driving a vehicle (first or subsequent
 170-22  offense);>
 170-23              <(3)  a violation of a motor vehicle traffic ordinance
 170-24  of an incorporated city or town in this state;>
 170-25              <(4)  a misdemeanor punishable by fine only other than
 170-26  public intoxication; or>
 170-27              <(5)  a violation of a penal ordinance of a political
  171-1  subdivision>.
  171-2        (c)  <Unless the juvenile court waives jurisdiction and
  171-3  certifies the individual for criminal prosecution, a person who has
  171-4  been alleged in a petition for an adjudication hearing to have
  171-5  engaged in delinquent conduct or conduct indicating a need for
  171-6  supervision may not be prosecuted for or convicted of any offense
  171-7  alleged in the juvenile court petition or any offense within the
  171-8  knowledge of the juvenile court judge as evidenced by anything in
  171-9  the record of the juvenile court proceedings.>
 171-10        <(d)>  No person may, in any case, be punished by death for
 171-11  an offense committed while he was younger than 17 years.
 171-12        SECTION 78.  Section 12.42, Penal Code, is amended by adding
 171-13  Subsection (f) to read as follows:
 171-14        (f)  For the purposes of Subsections (a)-(c) and (e), an
 171-15  adjudication by a juvenile court under Section 54.03, Family Code,
 171-16  that a child engaged in delinquent conduct constituting a felony
 171-17  offense for which the child is committed to the Texas Youth
 171-18  Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
 171-19  or Section 54.05(f), Family Code, is a final felony conviction.
 171-20        SECTION 79.  Chapter 15, Penal Code, is amended by adding
 171-21  Section 15.031 to read as follows:
 171-22        Sec. 15.031.  CRIMINAL SOLICITATION OF A MINOR.  (a)  A
 171-23  person commits an offense if, with intent that an offense listed by
 171-24  Section 3g(a)(1), Article 42.12, Code of Criminal Procedure, be
 171-25  committed, the person requests, commands, or attempts to induce a
 171-26  minor to engage in specific conduct that, under the circumstances
 171-27  surrounding the actor's conduct as the actor believes them to be,
  172-1  would constitute an offense listed by Section 3g(a)(1), Article
  172-2  42.12, or make the minor a party to the commission of an offense
  172-3  listed by Section 3g(a)(1), Article 42.12.
  172-4        (b)  A person may not be convicted under this section on the
  172-5  uncorroborated testimony of the minor allegedly solicited unless
  172-6  the solicitation is made under circumstances strongly corroborative
  172-7  of both the solicitation itself and the actor's intent that the
  172-8  minor act on the solicitation.
  172-9        (c)  It is no defense to prosecution under this section that:
 172-10              (1)  the minor solicited is not criminally responsible
 172-11  for the offense solicited;
 172-12              (2)  the minor solicited has been acquitted, has not
 172-13  been prosecuted or convicted, has been convicted of a different
 172-14  offense or of a different type or class of offense, or is immune
 172-15  from prosecution;
 172-16              (3)  the actor belongs to a class of persons that by
 172-17  definition of the offense solicited is legally incapable of
 172-18  committing the offense in an individual capacity; or
 172-19              (4)  the offense solicited was actually committed.
 172-20        (d)  An offense under this section is one category lower than
 172-21  the solicited offense.
 172-22        (e)  In this section, "minor" means an individual younger
 172-23  than 17 years of age.
 172-24        SECTION 80.  Chapter 4, Code of Criminal Procedure, is
 172-25  amended by adding Article 4.18 to read as follows:
 172-26        Art. 4.18.  TRANSFER OF JURISDICTION FROM JUVENILE COURT.
 172-27  (a)  A claim that a district court or criminal district court does
  173-1  not have jurisdiction over a person because jurisdiction is
  173-2  exclusively in the juvenile court and that the juvenile court could
  173-3  not waive jurisdiction under Section 8.07(a), Penal Code, or did
  173-4  not waive jurisdiction under Section 8.07(b), Penal Code, must be
  173-5  made by written motion in bar of prosecution filed with the court
  173-6  in which criminal charges against the person are filed.
  173-7        (b)  The motion must be filed and presented to the presiding
  173-8  judge of the court:
  173-9              (1)  if the defendant enters a plea of guilty or no
 173-10  contest, before the plea;
 173-11              (2)  if the defendant's guilt or punishment is tried or
 173-12  determined by a jury, before selection of the jury begins; or
 173-13              (3)  if the defendant's guilt is tried by the court,
 173-14  before the first witness is sworn.
 173-15        (c)  Unless the motion is not contested, the presiding judge
 173-16  shall promptly conduct a hearing without a jury and rule on the
 173-17  motion.  The party making the motion has the burden of establishing
 173-18  by a preponderance of the evidence those facts necessary for the
 173-19  motion to prevail.
 173-20        (d)  A person may not contest the jurisdiction of the court
 173-21  on the ground that the juvenile court has exclusive jurisdiction
 173-22  if:
 173-23              (1)  the person does not file a motion within the time
 173-24  requirements of this article; or
 173-25              (2)  the presiding judge finds under Subsection (c)
 173-26  that a motion made under this article does not prevail.
 173-27        (e)  An appellate court may review a trial court's
  174-1  determination under this article, if otherwise authorized by law,
  174-2  only after conviction in the trial court.
  174-3        (f)  A court that finds that it lacks jurisdiction over a
  174-4  case because exclusive jurisdiction is in the juvenile court shall
  174-5  transfer the case to the juvenile court as provided by Section
  174-6  51.08, Family Code.
  174-7        SECTION 81.  Article 14.06(b), Code of Criminal Procedure, is
  174-8  amended to read as follows:
  174-9        (b)  A peace officer who is charging a person, including a
 174-10  child, with committing an offense that is a Class C misdemeanor,
 174-11  other than an offense under Section 49.02, Penal Code, may, instead
 174-12  of taking the person before a magistrate, issue a citation to the
 174-13  person that contains written notice of the time and place the
 174-14  person must appear before a magistrate, the name and address of the
 174-15  person charged, and the offense charged.
 174-16        SECTION 82.  Section 3(a), Article 37.07, Code of Criminal
 174-17  Procedure, is amended to read as follows:
 174-18        (a)  Regardless of the plea and whether the punishment be
 174-19  assessed by the judge or the jury, evidence may be offered by the
 174-20  state and the defendant as to any matter the court deems relevant
 174-21  to sentencing, including but not limited to the prior criminal
 174-22  record of the defendant, his general reputation, his character, an
 174-23  opinion regarding his character, the circumstances of the offense
 174-24  for which he is being tried, and, notwithstanding Rules 404 and
 174-25  405, Texas Rules of Criminal Evidence, any other evidence of an
 174-26  extraneous crime or bad act that is shown beyond a reasonable doubt
 174-27  by evidence to have been committed by the defendant or for which he
  175-1  could be held criminally responsible, regardless of whether he has
  175-2  previously been charged with or finally convicted of the crime or
  175-3  act.  A court may consider as a factor in mitigating punishment the
  175-4  conduct of a defendant while participating in a program under
  175-5  Chapter 17 of this code as a condition of release on bail.
  175-6  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
  175-7  Evidence, evidence may be offered by the state and the defendant of
  175-8  an adjudication of delinquency based on a violation by the
  175-9  defendant of a penal law of the grade of:
 175-10              (1)  a felony; or
 175-11              (2)  a misdemeanor punishable by confinement in jail
 175-12  <unless:>
 175-13              <(1)  the adjudication is based on conduct committed
 175-14  more than five years before the commission of the offense for which
 175-15  the person is being tried; and>
 175-16              <(2)  in the five years preceding the date of the
 175-17  commission of the offense for which the person is being tried, the
 175-18  person did not engage in conduct for which the person has been
 175-19  adjudicated as a delinquent child or a child in need of supervision
 175-20  and did not commit an offense for which the person has been
 175-21  convicted>.
 175-22        SECTION 83.  Section 20, Article 42.18, Code of Criminal
 175-23  Procedure, is amended to read as follows:
 175-24        Sec. 20.  INAPPLICABLE TO JUVENILES.  (a)  Except as provided
 175-25  by Subsection (b) of this section, the <The> provisions of this
 175-26  article shall not apply to parole from institutions for juveniles
 175-27  or to temporary furloughs granted to an inmate by the institutional
  176-1  division under Section 500.006, Government Code.
  176-2        (b)  The provisions of this article not in conflict with
  176-3  Section 29 of this article apply to parole of a person from the
  176-4  Texas Youth Commission under that section.
  176-5        SECTION 84.  Article 42.18, Code of Criminal Procedure, is
  176-6  amended by adding Section 29 to read as follows:
  176-7        Sec. 29.  DETERMINATE SENTENCE PAROLE.  (a)  Not later than
  176-8  the 90th day before the date the Texas Youth Commission transfers a
  176-9  person to the custody of the pardons and paroles division for
 176-10  release on parole under Section 61.081(f) or Section 61.084(f) or
 176-11  (g), Human Resources Code, the commission shall submit to the
 176-12  department all pertinent information relating to the person,
 176-13  including:
 176-14              (1)  the juvenile court judgment;
 176-15              (2)  the circumstances of the person's offense;
 176-16              (3)  the person's previous social history and juvenile
 176-17  court records;
 176-18              (4)  the person's physical and mental health record;
 176-19              (5)  a record of the person's conduct, employment
 176-20  history, and attitude while committed to the commission;
 176-21              (6)  a record of the sentence time served by the person
 176-22  at the commission and in a juvenile detention facility in
 176-23  connection with the conduct for which the person was adjudicated;
 176-24  and
 176-25              (7)  any written comments or information provided by
 176-26  the commission, local officials, or victims of the offense.
 176-27        (b)  Before the release of the person on parole, a parole
  177-1  panel shall review the person's records and may interview the
  177-2  person or any other person the panel deems is necessary to
  177-3  determine the conditions of parole.  The panel may impose any
  177-4  reasonable condition of parole on the person that the panel may
  177-5  impose on an adult prisoner under this article.
  177-6        (c)  The panel shall furnish the person with a written
  177-7  statement clearly describing the conditions and rules of parole.
  177-8  The person must accept and sign the written statement as a
  177-9  precondition to release on parole.
 177-10        (d)  While on parole, the person remains in the legal custody
 177-11  of the state and shall comply with the conditions of parole ordered
 177-12  by a panel under this section.
 177-13        (e)  The period of parole for a person released to parole
 177-14  under this section is the maximum term for which the person was
 177-15  sentenced less calendar time actually served at the Texas Youth
 177-16  Commission and in a juvenile detention facility in connection with
 177-17  the conduct for which the person was adjudicated.
 177-18        (f)  If a parole panel revokes the person's parole, the panel
 177-19  may require the person to serve the portion remaining of the
 177-20  person's sentence in the institutional division.  The remaining
 177-21  portion of the person's sentence is calculated without credit for
 177-22  the time from the date of the person's release to the date of
 177-23  revocation.  The panel may not recommit the person to the Texas
 177-24  Youth Commission.
 177-25        (g)  For purposes of this article, a person released from the
 177-26  Texas Youth Commission on parole under this section is deemed to
 177-27  have been convicted of the offense for which the person has been
  178-1  adjudicated.
  178-2        (h)  The Texas Youth Commission shall provide instruction for
  178-3  parole officers relating to juvenile programs at the commission.
  178-4  The Texas Youth Commission and the pardons and paroles division
  178-5  shall enter into a memorandum of understanding relating to the
  178-6  administration of this subsection.
  178-7        SECTION 85.  Chapter 44, Code of Criminal Procedure, is
  178-8  amended by adding Article 44.47 to read as follows:
  178-9        Art. 44.47.  APPEAL OF TRANSFER FROM JUVENILE COURT.  (a)  A
 178-10  defendant may appeal an order of a juvenile court certifying the
 178-11  defendant to stand trial as an adult and transferring the defendant
 178-12  to a criminal court under Section 54.02, Family Code.
 178-13        (b)  A defendant may appeal a transfer under Subsection (a)
 178-14  only in conjunction with the appeal of a conviction of the offense
 178-15  for which the defendant was transferred to criminal court.
 178-16        (c)  An appeal under this section is a criminal matter and is
 178-17  governed by this code and the Texas Rules of Appellate Procedure
 178-18  that apply to a criminal case.
 178-19        (d)  An appeal under this article may include any claims
 178-20  under the law that existed before January 1, 1996, that could have
 178-21  been raised on direct appeal of a transfer under Section 54.02,
 178-22  Family Code.
 178-23        SECTION 86.  Chapter 45, Code of Criminal Procedure, is
 178-24  amended by adding Article 45.522 to read as follows:
 178-25        Art. 45.522.  FAILURE TO PAY FINE; CONTEMPT:  JUVENILES.  (a)
 178-26  A justice court or municipal court may not order the confinement of
 178-27  a person who is a child for the purposes of Title 3, Family Code,
  179-1  for the failure to pay all or any part of a fine or costs imposed
  179-2  for the conviction of an offense punishable by fine only.
  179-3        (b)  Section 51.03(a)(3), Family Code, and the procedures for
  179-4  the adjudication of a child for delinquent conduct apply to a child
  179-5  who fails to obey an order of a justice or municipal court under
  179-6  circumstances that would constitute contempt of court.
  179-7        SECTION 87.  Section 21.002, Government Code, is amended by
  179-8  amending Subsection (a) and adding Subsection (h) to read as
  179-9  follows:
 179-10        (a)  Except as provided by Subsections <Subsection> (g) and
 179-11  (h), a court may punish for contempt.
 179-12        (h)  A justice or municipal court may not punish by contempt
 179-13  a person who engages in conduct that violates an order of the court
 179-14  if the conduct of the person is delinquent conduct under Section
 179-15  51.03(a)(3), Family Code.  The justice or municipal court shall
 179-16  refer the person to the juvenile court for engaging in the
 179-17  delinquent conduct.
 179-18        SECTION 88.  Section 413.009, Government Code, is amended to
 179-19  read as follows:
 179-20        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish
 179-21  its duties the policy council shall:
 179-22              (1)  conduct an in-depth analysis of the criminal
 179-23  justice system;
 179-24              (2)  determine the long-range needs of the criminal
 179-25  justice system and recommend policy priorities for the system;
 179-26              (3)  identify critical problems in the criminal justice
 179-27  system and recommend strategies to solve those problems;
  180-1              (4)  assess the cost-effectiveness of the use of state
  180-2  and local funds in the criminal justice system;
  180-3              (5)  recommend means to improve the deterrent and
  180-4  rehabilitative capabilities of the criminal justice system;
  180-5              (6)  advise and assist the legislature in developing
  180-6  plans, programs, and proposed legislation for improving the
  180-7  effectiveness of the criminal justice system;
  180-8              (7)  make computations of daily costs and compare
  180-9  interagency costs on services provided by agencies that are a part
 180-10  of the criminal justice system;
 180-11              (8)  make population computations for use in planning
 180-12  for the long-range needs of the criminal justice system;
 180-13              (9)  determine long-range information needs of the
 180-14  criminal justice system and acquire that information; and
 180-15              (10)  engage in other activities consistent with the
 180-16  responsibilities of the policy council.
 180-17        (b)  In addition  to the policy council's duties under
 180-18  Section 413.008 and Subsection (a) of this section, the policy
 180-19  council may perform any function described in Subsection (a) to
 180-20  promote an effective and cohesive juvenile justice system.
 180-21        SECTION 89.  Section 511.009(a), Government Code, is amended
 180-22  to read as follows:
 180-23        (a)  The commission shall:
 180-24              (1)  adopt reasonable rules and procedures establishing
 180-25  minimum standards for the construction, equipment, maintenance, and
 180-26  operation of county jails;
 180-27              (2)  adopt reasonable rules and procedures establishing
  181-1  minimum standards for the custody, care, and treatment of
  181-2  prisoners;
  181-3              (3)  adopt reasonable rules establishing minimum
  181-4  standards for the number of jail supervisory personnel and for
  181-5  programs and services to meet the needs of prisoners;
  181-6              (4)  adopt reasonable rules and procedures establishing
  181-7  minimum requirements for programs of rehabilitation, education, and
  181-8  recreation in county jails;
  181-9              (5)  revise, amend, or change rules and procedures if
 181-10  necessary;
 181-11              (6)  provide to local government officials consultation
 181-12  on and technical assistance for county jails;
 181-13              (7)  review and comment on plans for the construction
 181-14  and major modification or renovation of county jails;
 181-15              (8)  require that the sheriff and commissioners of each
 181-16  county submit to the commission, on a form prescribed by the
 181-17  commission, an annual report on the conditions in each county jail
 181-18  within their jurisdiction, including all information necessary to
 181-19  determine compliance with state law, commission orders, and the
 181-20  rules adopted under this chapter;
 181-21              (9)  review the reports submitted under Subdivision (8)
 181-22  and require commission employees to inspect county jails regularly
 181-23  to ensure compliance with state law, commission orders, and rules
 181-24  and procedures adopted under this chapter; <and>
 181-25              (10)  at least annually determine whether each county
 181-26  jail is in compliance with the rules and procedures adopted under
 181-27  this chapter;
  182-1              (11)  require that the chief jailer of each municipal
  182-2  lockup submit to the commission, on a form prescribed by the
  182-3  commission, an annual report of persons under 17 years of age
  182-4  securely detained in the lockup, including all information
  182-5  necessary to determine compliance with state law concerning secure
  182-6  confinement of children in municipal lockups; and
  182-7              (12)  require that the sheriff and commissioners court
  182-8  of each county submit to the commission, on a form prescribed by
  182-9  the commission, an annual report of persons under 17 years of age
 182-10  securely detained in the county jail, including all information
 182-11  necessary to determine compliance with state law concerning secure
 182-12  confinement of children in county jails.
 182-13        SECTION 90.  Section 659.062(a), Government Code, is amended
 182-14  to read as follows:
 182-15        (a)  An eligible employee is entitled to hazardous duty pay
 182-16  of $7 a month for each year of service as an employee of this state
 182-17  in a position that requires the performance of hazardous duty, not
 182-18  to exceed 30 years of such service.  Except as provided by
 182-19  Subsection (c) or Section 659.063(b)(1), this hazardous duty pay is
 182-20  instead of other hazardous duty or longevity pay.
 182-21        SECTION 91.  (a)  Subchapter E, Chapter 659, Government Code,
 182-22  is amended to conform to Section 1, Chapter 85, Acts of the 73rd
 182-23  Legislature, Regular Session, 1993, by adding Section 659.063 and
 182-24  is amended to read as follows:
 182-25        Sec. 659.063.  HAZARDOUS DUTY PAY:  TEXAS YOUTH COMMISSION
 182-26  EMPLOYEES.  (a)  An employee of the Texas Youth Commission who has
 182-27  routine direct contact with youth placed in a residential facility
  183-1  of the Texas Youth Commission or with youth released under the
  183-2  commission's supervision may receive hazardous duty pay in an
  183-3  amount that does not exceed the amount authorized by Section
  183-4  659.062(a).
  183-5        (b)  Hazardous duty pay under this section:
  183-6              (1)  is subject to the conditions and limitations in
  183-7  the General Appropriations Act, except that during periods when
  183-8  Texas Youth Commission employees do not receive the full amount of
  183-9  the hazardous duty pay for which they are eligible, they are
 183-10  entitled to receive longevity pay for time accrued in a hazardous
 183-11  duty position, but only until hazardous duty payments resume; and
 183-12              (2)  may not be made:
 183-13                    (A)  from funds authorized for payment of an
 183-14  across-the-board employee salary increase; or
 183-15                    (B)  to an employee who works at the central
 183-16  office of the commission or an employee whose work for the
 183-17  commission involves only occasional contact with youth.
 183-18        (c)  The receipt of a payment under this section by an
 183-19  employee does not qualify the employee for retirement benefits from
 183-20  the law enforcement and custodial officer supplemental retirement
 183-21  fund.
 183-22        (b)  Section 1, Chapter 85, Acts of the 73rd Legislature,
 183-23  Regular Session, 1993, is repealed.
 183-24        SECTION 92.  Chapter 217, Labor Code, is amended to read as
 183-25  follows:
 183-26        CHAPTER 217.  PROJECT RIO (REINTEGRATION OF OFFENDERS)
 183-27        Sec. 217.001.  Definitions.  In this chapter:
  184-1              (1)  "Department" means the Texas Department of
  184-2  Criminal Justice.
  184-3              (2)  "Institutional division" means the institutional
  184-4  division of the department.
  184-5              (3)  "Project RIO" means the project for reintegration
  184-6  of offenders.
  184-7        Sec. 217.002.  Project Rio.  The project for reintegration of
  184-8  offenders is a statewide employment referral program designed to
  184-9  reintegrate into the labor force persons formerly confined in the
 184-10  institutional division and persons committed to the Texas Youth
 184-11  Commission.
 184-12        Sec. 217.003.  Administration.  The department, the Texas
 184-13  Youth Commission, and the commission shall cooperate to maximize
 184-14  the effectiveness of Project RIO. For that purpose, the commission
 184-15  shall administer the project.
 184-16        Sec. 217.004.  Memorandum of Understanding--Adoption.
 184-17  (a)  The department, <and> the commission, and the Texas Youth
 184-18  Commission shall each adopt a memorandum of understanding that
 184-19  establishes the respective responsibilities of each agency and of
 184-20  the divisions within the department.
 184-21        (b)  The commission shall coordinate the development of the
 184-22  memoranda <memorandum> of understanding.  The department and the
 184-23  Texas Youth Commission shall adopt rules as necessary to implement
 184-24  their respective memoranda <the memorandum> and may amend the
 184-25  memorandum and those rules as necessary.
 184-26        Sec. 217.005.  Memorandum of Understanding--Contents.
 184-27  (a)  The memorandum of understanding between the department and the
  185-1  commission must establish the role of:
  185-2              (1)  the institutional division in ascertaining and
  185-3  encouraging an inmate's chances for employment by:
  185-4                    (A)  providing vocational and educational
  185-5  assessment for the person while incarcerated in the division;
  185-6                    (B)  developing a skills enhancement program for
  185-7  the person while incarcerated, in cooperation with other
  185-8  governmental, educational, and private entities, using available
  185-9  public or private financial resources authorized by statute; and
 185-10                    (C)  referring the person on release to the
 185-11  project through the person's parole officer;
 185-12              (2)  the community justice assistance division and the
 185-13  pardons and paroles division of the department in:
 185-14                    (A)  encouraging and referring persons to the
 185-15  project; and
 185-16                    (B)  ensuring that those persons participate in
 185-17  the project and avail themselves of its services; and
 185-18              (3)  the commission in developing and maintaining a
 185-19  statewide network for finding positions of employment that require
 185-20  the skills possessed by project participants and in helping those
 185-21  participants to secure employment.
 185-22        (b)  The memorandum also must establish the methods by which
 185-23  the commission shall coordinate its efforts under this chapter with
 185-24  the operations of service providers operating under Chapter 301
 185-25  (Texas Job-Training Partnership Act).
 185-26        (c)  The memorandum of understanding between the Texas Youth
 185-27  Commission and the commission must establish the roles of the
  186-1  institutional and community services division in the Texas Youth
  186-2  Commission and the role of the commission in the same manner the
  186-3  roles of the department and commission are established under
  186-4  Subsections (a) and (b).
  186-5        Sec. 217.006.  Project Director.  (a)  The administrator of
  186-6  the commission shall designate the director of Project RIO to
  186-7  coordinate the efforts of the affected state agencies and expedite
  186-8  the delivery of services to participants in the project, including
  186-9  prospective employers.
 186-10        (b)  The project director shall:
 186-11              (1)  propose, for adoption by the commission, standards
 186-12  and guidelines for the operation of the project;
 186-13              (2)  obtain information from appropriate state agencies
 186-14  and offices affiliated with the project to determine any necessary
 186-15  changes in the project;
 186-16              (3)  disseminate information statewide about the
 186-17  project; and
 186-18              (4)  train commission staff to assist in the operation
 186-19  of affiliated services.
 186-20        SECTION 93.  Subchapter Z, Chapter 341, Local Government
 186-21  Code, is amended by adding Section 341.904 to read as follows:
 186-22        Sec. 341.904.  JUVENILE CURFEW IN GENERAL-LAW MUNICIPALITY.
 186-23  (a)  To provide for the public safety, the governing body of a
 186-24  general-law municipality has the same authority to adopt a juvenile
 186-25  curfew ordinance that a county has under Section 351.903.
 186-26        (b)  The governing body of a general-law municipality may
 186-27  adopt by ordinance a juvenile curfew order adopted by the
  187-1  commissioners court of the county in which any part of the
  187-2  municipality is located and may adapt the order to fit the needs of
  187-3  the municipality.
  187-4        (c)  If the governing body of a general-law municipality
  187-5  adopts an ordinance under this section, a person commits an offense
  187-6  if the person violates a restriction or prohibition imposed by the
  187-7  ordinance.
  187-8        (d)  An offense under this section is a Class C misdemeanor. 
  187-9        SECTION 94.  Chapter 351, Local Government Code, is amended
 187-10  by adding Section 351.903 to read as follows:
 187-11        Sec. 351.903.  COUNTY JUVENILE CURFEW.  (a)  To provide for
 187-12  the public safety, the commissioners court of a county by order may
 187-13  adopt a curfew to regulate the movements or actions of persons
 187-14  under 17 years of age during the period beginning one-half hour
 187-15  after sunset and extending until one-half hour before sunrise or
 187-16  during school hours, or both.  The order applies only to the
 187-17  unincorporated area of the county.
 187-18        (b)  This authority includes the authority to:
 187-19              (1)  establish the hours of the curfew, including
 187-20  different hours for different days of the week;
 187-21              (2)  apply different curfew hours to different age
 187-22  groups of juveniles;
 187-23              (3)  describe the kinds of conduct subject to the
 187-24  curfew;
 187-25              (4)  determine the locations to which the curfew
 187-26  applies;
 187-27              (5)  determine which persons incur liability if a
  188-1  violation of the curfew occurs;
  188-2              (6)  prescribe procedures, in compliance with Section
  188-3  52.028, Family Code, a police officer must follow in enforcing the
  188-4  curfew; and
  188-5              (7)  establish exemptions to the curfew, including but
  188-6  not limited to exemptions for times when there are no classes being
  188-7  conducted, for holidays, and for persons going to or from work.
  188-8        (c)  If the commissioners court adopts an order under this
  188-9  section, a person commits an offense if the person violates a
 188-10  restriction or prohibition imposed by the order.
 188-11        (d)  An offense under this section is a Class C misdemeanor.
 188-12        SECTION 95.  The chapter heading of Chapter 370, Local
 188-13  Government Code, is amended to read as follows:
 188-14   CHAPTER 370.  MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
 188-15                    COUNTY HEALTH AND PUBLIC SAFETY
 188-16        SECTION 96.  Chapter 370, Local Government Code, is amended
 188-17  by adding Section 370.002 to read as follows:
 188-18        Sec. 370.002.  REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
 188-19  (a)  Before the third anniversary of the date of adoption of a
 188-20  juvenile curfew ordinance by a general-law municipality or a
 188-21  home-rule municipality or an order of a county commissioners court,
 188-22  and every third year thereafter, the governing body of the
 188-23  general-law municipality or home-rule municipality or the
 188-24  commissioners court of the county shall:
 188-25              (1)  review the ordinance or order's effects on the
 188-26  community and on problems the ordinance or order was intended to
 188-27  remedy;
  189-1              (2)  conduct public hearings on the need to continue
  189-2  the ordinance or order; and
  189-3              (3)  abolish, continue, or  modify the ordinance or
  189-4  order.
  189-5        (b)  Failure to act in accordance with Subsections (a)(1)-(3)
  189-6  shall cause the ordinance or order to expire.
  189-7        SECTION 97.  Chapter 171, Tax Code, is amended by adding
  189-8  Subchapter M to read as follows:
  189-9          SUBCHAPTER M.  TAX CREDIT FOR WAGES PAID TO CERTAIN
 189-10             CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION
 189-11        Sec. 171.681.  DEFINITIONS.  In this subchapter:
 189-12              (1)  "Commission" means the Texas Youth Commission.
 189-13              (2)  "Eligible child" means a person who:
 189-14                    (A)  is committed to the commission under Title
 189-15  3, Family Code, other than a commitment under a determinate
 189-16  sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family
 189-17  Code; and
 189-18                    (B)  resides at a facility of the commission.
 189-19        Sec. 171.682.  CREDIT.  A corporation that meets the
 189-20  eligibility requirements under this subchapter is entitled to a
 189-21  credit in the amount allowed by this subchapter against the tax
 189-22  imposed under this chapter.
 189-23        Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.  (a)
 189-24  The amount of the credit for wages paid by a corporation to an
 189-25  eligible child is equal to 10 percent of that portion of the wages
 189-26  the corporation paid to the eligible child or the commission for
 189-27  the benefit of the child.
  190-1        (b)  A corporation is eligible for the credit under this
  190-2  section only if it files, on or before the due date of its
  190-3  franchise tax report for the privilege period for which the credit
  190-4  is claimed, a written certification issued by the commission
  190-5  stating the amount of the wages that the corporation paid to an
  190-6  eligible child or to the commission for the benefit of the child
  190-7  during:
  190-8              (1)  the privilege period; and
  190-9              (2)  not more than six months of the preceding
 190-10  privilege period for wages for which a credit has not previously
 190-11  been claimed.
 190-12        (c)  A corporation is eligible for the credit under this
 190-13  section only if the eligible child to whom or for whose benefit it
 190-14  pays wages has been continuously employed by the corporation for
 190-15  not less than six months.
 190-16        Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
 190-17  ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a
 190-18  corporation to an employee who was first employed by the
 190-19  corporation when the employee was an eligible child is equal to 10
 190-20  percent of the wages paid the employee.
 190-21        (b)  A corporation is eligible for the credit under this
 190-22  section only if:
 190-23              (1)  the employee who was formerly an eligible child
 190-24  was continuously employed for not less than six months while an
 190-25  eligible child and has been continuously employed by the
 190-26  corporation for at least one year after the date that the employee
 190-27  was released from commitment to the commission or released under
  191-1  supervision by the commission; and
  191-2              (2)  the nature of the employment is substantially
  191-3  similar to the employment the employee had with the corporation
  191-4  when the employee was an eligible child or the employment requires
  191-5  more skills or provides greater opportunities for the employee.
  191-6        (c)  A corporation may claim a credit under this section only
  191-7  for:
  191-8              (1)  wages paid an employee after the employee has been
  191-9  employed by the corporation for more than one year after the
 191-10  earlier of the date of the employee's release from commitment to
 191-11  the commission or release under supervision by the commission; and
 191-12              (2)  wages paid the employee for not longer than one
 191-13  year.
 191-14        Sec. 171.685.  LIMITATION.  The total credits claimed under
 191-15  this subchapter for a privilege period may not exceed 50 percent of
 191-16  the amount of net franchise tax due for the privilege period after
 191-17  any other applicable tax credits.
 191-18        Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A corporation
 191-19  must apply for a credit under this subchapter on or with the tax
 191-20  report for the period for which the credit is claimed.
 191-21        (b)  The comptroller shall promulgate a form for the
 191-22  application for the credit.  A corporation must use this form in
 191-23  applying for the credit.
 191-24        Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
 191-25  corporation may claim a credit under this subchapter for wages paid
 191-26  during an accounting period only against the tax owed for the
 191-27  corresponding privilege period.
  192-1        SECTION 98.  Article 4413(503), Revised Statutes, is amended
  192-2  by adding Section 16 to read as follows:
  192-3        Sec. 16.  COMMUNITY YOUTH DEVELOPMENT GRANTS.  Subject to
  192-4  available funding, the department shall award community youth
  192-5  development grants to identified communities by incidence of crime.
  192-6  These grants are for the purpose of assisting communities in
  192-7  alleviating family and community conditions that lead to juvenile
  192-8  crime.  The department shall give priority in awarding grants under
  192-9  this section to areas of the state in which there is a high
 192-10  incidence of crime committed by children.
 192-11        SECTION 99.  The Texas Juvenile Probation Commission, in
 192-12  collaboration with the Texas Department of Mental Health and Mental
 192-13  Retardation, shall develop a model protocol by which juvenile
 192-14  probation departments shall refer children with mental impairments
 192-15  to local community management teams of the Children's Mental Health
 192-16  Plan.  The protocol is to be distributed to all juvenile boards,
 192-17  chief probation officers, and community management teams no later
 192-18  than January 1, 1996.
 192-19        SECTION 100.  (a)  Sections 51.14, 51.15, and 51.16, Family
 192-20  Code, are repealed.
 192-21        (b)  Section 264.204, Family Code, as added by H.B. No. 655,
 192-22  Acts of the 74th Legislature, Regular Session, 1995, is repealed.
 192-23        SECTION 101.  Not later than April 30, 1996, the Texas Youth
 192-24  Commission and the pardons and paroles division of the Texas
 192-25  Department of Criminal Justice shall enter into a memorandum of
 192-26  understanding in accordance with Section 29(h), Article 42.18, Code
 192-27  of Criminal Procedure, as added by this Act.
  193-1        SECTION 102.  A corporation may claim the credit under
  193-2  Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
  193-3  any wages paid or incurred on or after the effective date of this
  193-4  Act and only on a franchise tax report due under Chapter 171, Tax
  193-5  Code, on or after January 1, 1996.
  193-6        SECTION 103.  (a)  The Texas Juvenile Probation Commission
  193-7  shall promulgate rules to ensure that funds appropriated to the
  193-8  commission by the General Appropriations Act, 74th Legislature,
  193-9  Regular Session, 1995, for the purpose of implementing progressive
 193-10  sanctions or basic state aid not be used by local juvenile
 193-11  probation departments to supplant local contributions for juvenile
 193-12  justice and corrections programs.
 193-13        (b)  The Texas Juvenile Probation Commission shall review the
 193-14  financial records of juvenile probation departments for evidence of
 193-15  supplantation as part of regular and periodic fiscal or program
 193-16  audits and, on a finding of supplantation by a department, shall
 193-17  reduce the next scheduled grant to the department by the amount of
 193-18  funds supplanted.
 193-19        (c)  Supplantation includes a finding by the Texas Juvenile
 193-20  Probation Commission that a juvenile probation department's per
 193-21  employee average compensation and benefit package has increased
 193-22  without a corresponding increase in total local funding.
 193-23        (d)  A juvenile board is eligible to receive basic and
 193-24  diversion services funding only if the board demonstrates to the
 193-25  satisfaction of the Texas Juvenile Probation Commission that the
 193-26  amount of local or county money budgeted for juvenile services for
 193-27  the county fiscal year, excluding construction and capital outlay
  194-1  expenses, equals or is greater than the amount spent for those
  194-2  services in the 1994 county fiscal year.
  194-3        SECTION 104.  (a)  An amendment to any provision of Title 3,
  194-4  Family Code, made by another Act of the 74th Legislature, Regular
  194-5  Session, 1995, applies only to conduct that occurs on or after the
  194-6  effective date of the other Act and before January 1, 1996.  The
  194-7  amendment made by the other Act continues in effect only for the
  194-8  limited purpose of the prosecution of the conduct committed before
  194-9  January 1, 1996.
 194-10        (b)  For purposes of Subsection (a) of this section, conduct
 194-11  violating the penal law of this state occurs before January 1,
 194-12  1996, only if every element of the violation occurs before that
 194-13  date.
 194-14        SECTION 105.  (a)  Except as provided by this section, this
 194-15  Act takes effect January 1, 1996.
 194-16        (b)  Section 99 of this Act takes effect September 1, 1995.
 194-17        (c)  The following take effect immediately:
 194-18              (1)  Section 52.028, Family Code, as added by this Act;
 194-19              (2)  Sections 341.904, 351.903, and 370.002, Local
 194-20  Government Code, as added by this Act;
 194-21              (3)  the chapter heading of Chapter 370, Local
 194-22  Government Code, as amended by this Act;
 194-23              (4)  Chapter 55, Family Code, as amended by this Act;
 194-24  and
 194-25              (5)  Section 61.077, Human Resources Code, as amended
 194-26  by this Act.
 194-27        (d)  If H.B. No. 466, Acts of the 74th Legislature, Regular
  195-1  Session, 1995, is enacted after the date of enactment of this Act
  195-2  and if H.B. No. 466 becomes law, Section 58.004, Family Code, as
  195-3  included in Chapter 58, Family Code, as added by this Act, does not
  195-4  take effect.
  195-5        (e)  If H.B. No. 466, Acts of the 74th Legislature, Regular
  195-6  Session, 1995, is enacted after the date of enactment of this Act,
  195-7  if H.B. No. 466 becomes law, and if H.B. No. 466 is invalidated by
  195-8  a court judgment that becomes final, effective on the date the
  195-9  judgment becomes final, Subchapter A, Chapter 58, Family Code, as
 195-10  added by this Act, is amended by adding Section 58.004 to read as
 195-11  follows:
 195-12        Sec. 58.004.  COMPILATION OF INFORMATION PERTAINING TO A
 195-13  CRIMINAL COMBINATION.  (a)  A local criminal justice agency may
 195-14  compile criminal information into a local system for the purpose of
 195-15  investigating or prosecuting the criminal activities of criminal
 195-16  combinations.  Criminal information relating to a child associated
 195-17  with a combination, utilizing the meaning assigned by Section
 195-18  71.01, Penal Code, may be compiled and released to other local,
 195-19  state, or federal criminal justice agencies and any court having
 195-20  jurisdiction over a child, regardless of the age of the child.  The
 195-21  information may be compiled on paper, by photographs, by computer,
 195-22  or in any other useful manner.
 195-23        (b)  In this section, "local criminal justice agency" means a
 195-24  municipal or county agency, or school district law enforcement
 195-25  agency, that is engaged in the administration of criminal justice
 195-26  under a statute or executive order.
 195-27        SECTION 106.  (a)  Except as provided by Subsection (b) of
  196-1  this section, this Act applies only to conduct that occurs on or
  196-2  after January 1, 1996.  Conduct violating a penal law of this state
  196-3  occurs on or after January 1, 1996, if every element of the
  196-4  violation occurs on or after that date.  Conduct that occurs before
  196-5  January 1, 1996, is governed by the law in effect at the time the
  196-6  conduct occurred, and that law is continued in effect for that
  196-7  purpose.
  196-8        (b)  Chapter 55, Family Code, as amended by this Act, applies
  196-9  only to conduct that occurs on or after the effective date of that
 196-10  chapter.  Conduct violating a penal law of this state occurs on or
 196-11  after that date if every element of the violation occurs on or
 196-12  after that date.  Conduct that occurs before the effective date of
 196-13  that chapter is governed by the law in effect at the time the
 196-14  conduct occurred, and that law is continued in effect for that
 196-15  purpose.
 196-16        SECTION 107.  A designation by a municipality or a county of
 196-17  a juvenile curfew processing office for the detention of a person
 196-18  who is alleged to have violated a curfew ordinance or order made
 196-19  before Section 52.028, Family Code, as added by this Act, takes
 196-20  effect is validated if the processing office otherwise meets the
 196-21  requirements of that section.
 196-22        SECTION 108.  The importance of this legislation and the
 196-23  crowded condition of the calendars in both houses create an
 196-24  emergency and an imperative public necessity that the
 196-25  constitutional rule requiring bills to be read on three several
 196-26  days in each house be suspended, and this rule is hereby suspended,
 196-27  and that this Act take effect and be in force according to its
  197-1  terms, and it is so enacted.