1-1        By:  Goodman, et al. (Senate Sponsor - Harris)   H.B. No. 327
    1-2        (In the Senate - Received from the House March 27, 1995;
    1-3  March 27, 1995, read first time and referred to Committee on
    1-4  Criminal Justice; April 20, 1995, reported adversely, with
    1-5  favorable Committee Substitute by the following vote:  Yeas 7, Nays
    1-6  0; April 20, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR H.B. No. 327                   By:  Harris
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the juvenile justice system, including the adjudication
   1-11  and disposition of children; providing for civil and criminal
   1-12  penalties.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  The heading to Title 3, Family Code, is amended
   1-15  to read as follows:
   1-16         TITLE 3.  JUVENILE JUSTICE CODE  <DELINQUENT CHILDREN
   1-17                 AND CHILDREN IN NEED OF SUPERVISION>
   1-18        SECTION 2.  Section 51.01, Family Code, is amended to read as
   1-19  follows:
   1-20        Sec. 51.01.  Purpose and Interpretation.  This title shall be
   1-21  construed to effectuate the following public purposes:
   1-22              (1)  to provide for the protection of the public and
   1-23  public safety;
   1-24              (2)  consistent with the protection of the public and
   1-25  public safety:
   1-26                    (A)  to promote the concept of punishment for
   1-27  criminal acts;
   1-28                    (B)  to remove, where appropriate, the taint of
   1-29  criminality from children committing certain unlawful acts; and
   1-30                    (C)  to provide treatment, training, and
   1-31  rehabilitation that emphasizes the accountability and
   1-32  responsibility of both the parent and the child for the child's
   1-33  conduct;
   1-34              (3)  to provide for the care, the protection, and the
   1-35  wholesome moral, mental, and physical development of children
   1-36  coming within its provisions;
   1-37              (4) <(2)>  to protect the welfare of the community and
   1-38  to control the commission of unlawful acts by children;
   1-39              (5) <(3)  consistent with the protection of the public
   1-40  interest, to remove from children committing unlawful acts the
   1-41  taint of criminality and the consequences of criminal behavior and
   1-42  to substitute a program of treatment, training, and rehabilitation;>
   1-43              <(4)>  to achieve the foregoing purposes in a family
   1-44  environment whenever possible, separating the child from the
   1-45  child's <his> parents only when necessary for the child's <his>
   1-46  welfare or in the interest of public safety and when a child is
   1-47  removed from the child's <his> family, to give the child <him> the
   1-48  care that should be provided by parents; and
   1-49              (6) <(5)>  to provide a simple judicial procedure
   1-50  through which the provisions of this title are executed and
   1-51  enforced and in which the parties are assured a fair hearing and
   1-52  their constitutional and other legal rights recognized and
   1-53  enforced.
   1-54        SECTION 3.  Section 51.02, Family Code, is amended by
   1-55  amending Subdivision (1) and adding Subdivisions (11)-(15) to read
   1-56  as follows:
   1-57              (1)  "Child" means a person for whom the juvenile court
   1-58  has or may exercise jurisdiction under Section 51.035 and the other
   1-59  provisions of this chapter <who is:>
   1-60                    <(A)  ten years of age or older and under 17
   1-61  years of age;  or>
   1-62                    <(B)  seventeen years of age or older and under
   1-63  18 years of age who is alleged or found to have engaged in
   1-64  delinquent conduct or conduct indicating a need for supervision as
   1-65  a result of acts committed before becoming 17 years of age>.
   1-66              (11)  "Status offender" means a child who is accused,
   1-67  adjudicated, or convicted for conduct that would not, under state
   1-68  law, be a crime if committed by an adult, including:
    2-1                    (A)  truancy under Section 51.03(b)(2);
    2-2                    (B)  running away from home under Section
    2-3  51.03(b)(3);
    2-4                    (C)  a fineable only offense under Section
    2-5  51.03(b)(1) transferred to the juvenile court under Section
    2-6  51.08(b), but only if the conduct constituting the offense would
    2-7  not have been criminal if engaged in by an adult;
    2-8                    (D)  failure to attend school under Section
    2-9  4.251, Education Code;
   2-10                    (E)  a violation of standards of student conduct
   2-11  as described by Section 51.03(b)(6);
   2-12                    (F)  a violation of a juvenile curfew ordinance;
   2-13                    (G)  a violation of a provision of the Alcoholic
   2-14  Beverage Code applicable to minors only; or
   2-15                    (H)  a violation of any other fineable only
   2-16  offense under Section 8.07(a)(4) or (5), Penal Code, but only if
   2-17  the conduct constituting the offense would not have been criminal
   2-18  if engaged in by an adult.
   2-19              (12)  "Secure detention facility" means any public or
   2-20  private residential facility that:
   2-21                    (A)  includes construction fixtures designed to
   2-22  physically restrict the movements and activities of juveniles or
   2-23  other individuals held in lawful custody in the facility; and
   2-24                    (B)  is used for the temporary placement of any
   2-25  juvenile who is accused of having committed an offense, any
   2-26  nonoffender, or any other individual accused of having committed a
   2-27  criminal offense.
   2-28              (13)  "Secure correctional facility" means any public
   2-29  or private residential facility, including an alcohol or other drug
   2-30  treatment facility, that:
   2-31                    (A)  includes construction fixtures designed to
   2-32  physically restrict the movements and activities of juveniles or
   2-33  other individuals held in lawful custody in the facility; and
   2-34                    (B)  is used for the placement of any juvenile
   2-35  who has been adjudicated as having committed an offense, any
   2-36  nonoffender, or any other individual convicted of a criminal
   2-37  offense.
   2-38              (14)  "Nonoffender" means a child who:
   2-39                    (A)  is subject to jurisdiction of a court under
   2-40  abuse, dependency, or neglect statutes for reasons other than
   2-41  legally prohibited conduct of the child; or
   2-42                    (B)  has been taken into custody and is being
   2-43  held solely for deportation out of the United States.
   2-44              (15)  "Aggravated controlled substance felony" means an
   2-45  offense under Subchapter D, Chapter 481, Health and Safety Code,
   2-46  that is punishable by:
   2-47                    (A)  a minimum term of confinement that is longer
   2-48  than the minimum term of confinement for a felony of the first
   2-49  degree; or
   2-50                    (B)  a maximum fine that is greater than the
   2-51  maximum fine for a felony of the first degree.
   2-52        SECTION 4.  Sections 51.03(a) and (b), Family Code, are
   2-53  amended to read as follows:
   2-54        (a)  Delinquent conduct is:
   2-55              (1)  conduct, other than a traffic offense, that
   2-56  violates a penal law of this state or of the United States
   2-57  punishable by imprisonment or by confinement in jail;
   2-58              (2)  conduct that violates a reasonable and lawful
   2-59  order of a juvenile court entered under Section 54.04 or 54.05 of
   2-60  this code, except an order prohibiting the following conduct:
   2-61                    (A)  a violation of the penal laws of this state
   2-62  of the grade of misdemeanor that is punishable by fine only or a
   2-63  violation of the penal ordinances of any political subdivision of
   2-64  this state; or
   2-65                    (B)  <the unexcused voluntary absence of a child
   2-66  from school; or>
   2-67                    <(C)>  the voluntary absence of a child from his
   2-68  home without the consent of his parent or guardian for a
   2-69  substantial length of time or without intent to return; <or>
   2-70              (3)  conduct that violates a reasonable and lawful
    3-1  order of a municipal court or justice court under circumstances
    3-2  that would constitute contempt of that court; or
    3-3              (4)  conduct that violates the laws of this state
    3-4  prohibiting driving while intoxicated or under the influence of
    3-5  intoxicating liquor (third or subsequent offense) or driving while
    3-6  under the influence of any narcotic drug or of any other drug to
    3-7  the degree that renders the child incapable of safely driving a
    3-8  vehicle (third or subsequent offense).
    3-9        (b)  Conduct indicating a need for supervision is:
   3-10              (1)  subject to Subsection (f) of this section,
   3-11  conduct, other than a traffic offense, that violates:
   3-12                    (A)  the penal laws of this state of the grade of
   3-13  misdemeanor that are punishable by fine only; or
   3-14                    (B)  the penal ordinances of any political
   3-15  subdivision of this state;
   3-16              (2)  the unexcused voluntary absence of a child on 10
   3-17  or more days or parts of days within a six-month period or three or
   3-18  more days or parts of days within a four-week period from school
   3-19  without the consent of his parents;
   3-20              (3)  the voluntary absence of a child from his home
   3-21  without the consent of his parent or guardian for a substantial
   3-22  length of time or without intent to return;
   3-23              (4)  conduct which violates the laws of this state
   3-24  prohibiting driving while intoxicated or under the influence of
   3-25  intoxicating liquor (first or second offense) or driving while
   3-26  under the influence of any narcotic drug or of any other drug to a
   3-27  degree which renders him incapable of safely driving a vehicle
   3-28  (first or second offense); <or>
   3-29              (5)  conduct prohibited by city ordinance or by state
   3-30  law involving the inhalation of the fumes or vapors of paint and
   3-31  other protective coatings or glue and other adhesives and the
   3-32  volatile chemicals itemized in Section 484.002, Health and Safety
   3-33  Code;
   3-34              (6)  an act that violates a school district's
   3-35  previously communicated written standards of student conduct for
   3-36  which the child has been expelled under Section 21.3011, Education
   3-37  Code; or
   3-38              (7)  conduct that violates a reasonable and lawful
   3-39  order of a court entered under Section 264.305.
   3-40        SECTION 5.  Chapter 51, Family Code, is amended by adding
   3-41  Section 51.031 to read as follows:
   3-42        Sec. 51.031.  HABITUAL FELONY CONDUCT.  Habitual felony
   3-43  conduct is conduct violating a penal law of the grade of felony,
   3-44  other than a state jail felony, if:
   3-45              (1)  the child who engaged in the conduct has at least
   3-46  two previous adjudications as having engaged in delinquent conduct
   3-47  violating a penal law of the grade of felony; and
   3-48              (2)  the second previous adjudication is for conduct
   3-49  that occurred after the date the first previous adjudication became
   3-50  final.
   3-51        SECTION 6.  Chapter 51, Family Code, is amended by adding
   3-52  Sections 51.035 and 51.036 to read as follows:
   3-53        Sec. 51.035.  PERSONS FOR WHOM THE JUVENILE COURT HAS
   3-54  JURISDICTION:  AGE LIMITS.  (a)  The juvenile court has
   3-55  jurisdiction in a suit under this title over a person:
   3-56              (1)  younger than 17 years of age;
   3-57              (2)  17 years of age or older and younger than 18 years
   3-58  of age who is alleged or found to have engaged in delinquent
   3-59  conduct or conduct indicating a need for supervision as a result of
   3-60  acts committed before becoming 17 years of age;
   3-61              (3)  17 years of age or older and younger than 19 years
   3-62  of age, if the person is committed to the Texas Youth Commission
   3-63  and is eligible for or may be subject to transfer to the
   3-64  institutional division or the pardons and paroles division of the
   3-65  Texas Department of Criminal Justice;
   3-66              (4)  18 years of age or older if the person was 14
   3-67  years of age or older and under 17 years of age at the time the
   3-68  person is alleged to have committed a capital felony or a felony of
   3-69  the first degree, for the sole purpose of considering a transfer to
   3-70  a criminal court under Section 54.02(j), 55.02(f), or 55.03(g); or
    4-1              (5)  18 years of age or older if the person was 15
    4-2  years of age or older and under 17 years of age at the time the
    4-3  person is alleged to have committed a felony of the second or third
    4-4  degree or a state jail felony, for the sole purpose of considering
    4-5  a transfer to a criminal court under Section 54.02(j), 55.02(f), or
    4-6  55.03(g).
    4-7        (b)  The juvenile court does not have jurisdiction over a
    4-8  person younger than 10 years of age.
    4-9        Sec. 51.036.  PERSONS FOR WHOM THE JUVENILE COURT HAS
   4-10  JURISDICTION:  EXCEPTIONS.  (a)  The juvenile court does not have
   4-11  jurisdiction over a person for whom a criminal court has original
   4-12  jurisdiction unless the criminal court waives its jurisdiction and
   4-13  transfers the child to the juvenile court under Section 51.08.
   4-14        (b)  The juvenile court does not have jurisdiction over a
   4-15  person for whom the court has previously waived its exclusive
   4-16  original jurisdiction under Section 54.02 and transferred the
   4-17  person to a court for criminal proceedings.  On transfer, the
   4-18  person is treated as an adult for all further criminal proceedings.
   4-19  The juvenile court resumes jurisdiction over the person transferred
   4-20  if:
   4-21              (1)  the person is remanded to the juvenile court after
   4-22  an examining trial;
   4-23              (2)  the person is not indicted by the grand jury;
   4-24              (3)  the person is found not guilty in the matter
   4-25  transferred;
   4-26              (4)  the matter is dismissed with prejudice; or
   4-27              (5)  the person is convicted of a lesser included
   4-28  offense classified as a misdemeanor.
   4-29        (c)  The juvenile court does not have jurisdiction over a
   4-30  person for whom the juvenile court has waived jurisdiction under
   4-31  Section 54.021 or over a person who commits an offense for which
   4-32  jurisdiction has been waived under Section 54.021 during the period
   4-33  that the waiver is effective.
   4-34        SECTION 7.  Chapter 51, Family Code, is amended by adding
   4-35  Sections 51.041 and 51.042 to read as follows:
   4-36        Sec. 51.041.  JURISDICTION AFTER APPEAL.  The court retains
   4-37  jurisdiction over a person, without regard to the age of the
   4-38  person, for conduct engaged in by the person before becoming 17
   4-39  years of age if, as a result of an appeal by the person under
   4-40  Chapter 56 of an order of the court, the order is reversed or
   4-41  modified and the case remanded to the court by the appellate court.
   4-42        Sec. 51.042.  OBJECTION TO JURISDICTION BECAUSE OF AGE OF THE
   4-43  CHILD.  (a)  A child who objects to the jurisdiction of the court
   4-44  over the child because of the age of the child must raise the
   4-45  objection at the child's first formal hearing under this title.
   4-46        (b)  A child who does not object as provided by Subsection
   4-47  (a) waives any right to object to the jurisdiction of the court
   4-48  because of the age of the child at a later hearing or on appeal.
   4-49        SECTION 8.  Section 51.06, Family Code, is amended to read as
   4-50  follows:
   4-51        Sec. 51.06.  VENUE.  (a)  A proceeding under this title shall
   4-52  be commenced in<:>
   4-53              <(1)  the county in which the child resides; or>
   4-54              <(2)>  the county in which the alleged delinquent
   4-55  conduct or conduct indicating a need for supervision occurred.
   4-56        (b)  An application for a writ of habeas corpus brought by or
   4-57  on behalf of a person <child> who has been committed to an
   4-58  institution under the jurisdiction of the Texas Youth Commission
   4-59  and which attacks the validity of the judgment of commitment shall
   4-60  be brought in the county in which the court that entered the
   4-61  judgment of commitment is located.
   4-62        SECTION 9.  Sections 51.08(b) and (c), Family Code, are
   4-63  amended to read as follows:
   4-64        (b)  A court in which there is pending a complaint against a
   4-65  person whose age is within limits described by Section 51.035(1) or
   4-66  (2) <child> alleging a violation of a misdemeanor offense
   4-67  punishable by fine only other than a traffic offense or public
   4-68  intoxication or a violation of a penal ordinance of a political
   4-69  subdivision other than a traffic offense:
   4-70              (1)  shall waive its original jurisdiction and refer
    5-1  the person <a child> to juvenile court if the person <child> has
    5-2  previously been convicted of:
    5-3                    (A)  two or more misdemeanors punishable by fine
    5-4  only other than a traffic offense or public intoxication;
    5-5                    (B)  two or more violations of a penal ordinance
    5-6  of a political subdivision other than a traffic offense; or
    5-7                    (C)  one or more of each of the types of
    5-8  misdemeanors described in Paragraph (A) or (B) of this subdivision;
    5-9  and
   5-10              (2)  may waive its original jurisdiction and refer the
   5-11  person <a child> to juvenile court if the person <child>:
   5-12                    (A)  has not previously been convicted of a
   5-13  misdemeanor punishable by fine only other than a traffic offense or
   5-14  public intoxication or a violation of a penal ordinance of a
   5-15  political subdivision other than a traffic offense; or
   5-16                    (B)  has previously been convicted of fewer than
   5-17  two misdemeanors punishable by fine only other than a traffic
   5-18  offense or public intoxication or two violations of a penal
   5-19  ordinance of a political subdivision other than a traffic offense.
   5-20        (c)  A court in which there is pending a complaint against a
   5-21  person whose age is within limits described by Section 51.035(1) or
   5-22  (2) <child> alleging a violation of a misdemeanor offense
   5-23  punishable by fine only other than a traffic offense or public
   5-24  intoxication or a violation of a penal ordinance of a political
   5-25  subdivision other than a traffic offense shall notify the juvenile
   5-26  court of the county in which the court is located of the pending
   5-27  complaint and shall furnish to the juvenile court a copy of the
   5-28  final disposition of any matter for which the court does not waive
   5-29  its original jurisdiction under Subsection (b) of this section.
   5-30        SECTION 10.  Section 51.09(b), Family Code, as amended by
   5-31  Chapters 429 and 593, Acts of the 72nd Legislature, Regular
   5-32  Session, 1991, is conformed to Chapter 557, Acts of the 72nd
   5-33  Legislature, Regular Session, 1991, and amended to read as follows:
   5-34        (b)  Notwithstanding any of the provisions of Subsection (a)
   5-35  of this section, the statement of a child is admissible in evidence
   5-36  in any future proceeding concerning the matter about which the
   5-37  statement was given if:
   5-38              (1)  when the child is in a detention facility or other
   5-39  place of confinement or in the custody of an officer, the statement
   5-40  is made in writing and the statement shows that the child has at
   5-41  some time prior to the making thereof received from a peace officer
   5-42  listed under Article 2.12, Code of Criminal Procedure, <magistrate>
   5-43  a warning that:
   5-44                    (A)  the child may remain silent and not make any
   5-45  statement at all and that any statement that the child makes may be
   5-46  used in evidence against the child;
   5-47                    (B)  the child has the right to have an attorney
   5-48  present to advise the child either prior to any questioning or
   5-49  during the questioning;
   5-50                    (C)  if the child is unable to employ an
   5-51  attorney, the child has the right to have an attorney appointed to
   5-52  counsel with the child prior to or during any interviews with peace
   5-53  officers or attorneys representing the state;
   5-54                    (D)  the child has the right to terminate the
   5-55  interview at any time;
   5-56                    (E)  if the child is 14 <15> years of age or
   5-57  older at the time of the violation of a penal law of the grade of
   5-58  capital felony or felony of the first degree, or is 15 years of age
   5-59  or older at the time of the violation of a penal law of the grade
   5-60  of felony of the second or third degree or a state jail felony, the
   5-61  juvenile court may waive its jurisdiction and the child may be
   5-62  tried as an adult;
   5-63                    (F)  the child may be sentenced to commitment in
   5-64  the Texas Youth Commission with a possible transfer to the
   5-65  institutional division or the pardons and paroles division of the
   5-66  Texas Department of Criminal Justice for a minimum term of two
   5-67  years and a maximum term of <not to exceed> 40 years for a capital
   5-68  felony or felony of the first degree, 20 years for a felony of the
   5-69  second degree, or 10 years for a felony of the third degree if the
   5-70  child is found to have engaged in habitual felony conduct by
    6-1  violating a penal law of the grade of felony, other than a state
    6-2  jail felony, if the child has at least two previous adjudications
    6-3  as having engaged in delinquent conduct violating a penal law of
    6-4  the grade of felony and the second previous adjudication is for
    6-5  conduct that occurred after the date the first previous
    6-6  adjudication became final, alleged in a petition approved by a
    6-7  grand jury, or in delinquent conduct, alleged in a petition
    6-8  approved by a grand jury, that included:
    6-9                          (i)  murder;
   6-10                          (ii)  capital murder;
   6-11                          (iii)  aggravated kidnapping;
   6-12                          (iv)  sexual assault or aggravated sexual
   6-13  assault;
   6-14                          (v)  aggravated robbery;
   6-15                          (vi)  aggravated assault <deadly assault on
   6-16  a law enforcement officer, corrections officer, court participant,
   6-17  or probation personnel>; <or>
   6-18                          (vii)  injury to a child, elderly
   6-19  individual, or disabled individual that is punishable as a felony,
   6-20  other than a state jail felony, under Section 22.04, Penal Code;
   6-21                          (viii)  deadly conduct defined by Section
   6-22  22.05(b), Penal Code (discharging firearm at persons or certain
   6-23  objects);
   6-24                          (ix)  an offense that is a felony of the
   6-25  first degree or an aggravated controlled substance felony under
   6-26  Subchapter D, Chapter 481, Health and Safety Code (certain offenses
   6-27  involving controlled substances);
   6-28                          (x)  criminal solicitation; or
   6-29                          (xi)  criminal attempt of any offense
   6-30  listed in this paragraph that is punishable under Section 15.01,
   6-31  Penal Code, as a felony, other than a state jail felony
   6-32  <(vi)  attempted capital murder>; and
   6-33                    (G)  the statement must be signed in the presence
   6-34  of a magistrate by the child with no law enforcement officer or
   6-35  prosecuting attorney present, except that a magistrate may require
   6-36  a bailiff or a law enforcement officer if a bailiff is not
   6-37  available to be present if the magistrate determines that the
   6-38  presence of the bailiff or law enforcement officer is necessary for
   6-39  the personal safety of the magistrate or other court personnel,
   6-40  provided that the bailiff or law enforcement officer may not carry
   6-41  a weapon in the presence of the child.  The magistrate must be
   6-42  fully convinced that the child understands the nature and contents
   6-43  of the statement and that the child is signing the same
   6-44  voluntarily.  If such a statement is taken, the magistrate shall
   6-45  sign a written statement verifying the foregoing requisites have
   6-46  been met.
   6-47        The child must knowingly, intelligently, and voluntarily
   6-48  waive these rights prior to and during the making of the statement
   6-49  and sign the statement in the presence of a magistrate who must
   6-50  certify that he has examined the child independent of any law
   6-51  enforcement officer or prosecuting attorney, except as required to
   6-52  ensure the personal safety of the magistrate or other court
   6-53  personnel, and has determined that the child understands the nature
   6-54  and contents of the statement and has knowingly, intelligently, and
   6-55  voluntarily waived these rights.
   6-56              (2)  it be made orally and the child makes a statement
   6-57  of facts or circumstances that are found to be true, which conduct
   6-58  tends to establish his guilt, such as the finding of secreted or
   6-59  stolen property, or the instrument with which he states the offense
   6-60  was committed.
   6-61              (3)  the statement was res gestae of the delinquent
   6-62  conduct or the conduct indicating a need for supervision or of the
   6-63  arrest.
   6-64        SECTION 11.  Section 51.09(c), Family Code, as amended by
   6-65  Chapters 429 and 557, Acts of the 72nd Legislature, Regular
   6-66  Session, 1991, is reenacted and amended to read as follows:
   6-67        (c)  A warning under Subsection (b)(1)(E) or <Subsection>
   6-68  (b)(1)(F) <of this section> is required only when applicable to the
   6-69  facts of the case.  A failure to warn a child under Subsection
   6-70  (b)(1)(E) <of this section> does not render a statement made by the
    7-1  child inadmissible unless the child is transferred to a criminal
    7-2  district court under Section 54.02 <of this code>.  A failure to
    7-3  warn a child under Subsection (b)(1)(F) <of this section> does not
    7-4  render a statement made by the child inadmissible unless the state
    7-5  proceeds against the child on a petition approved by a grand jury
    7-6  under Section 53.045 <of this code>.
    7-7        SECTION 12.  Section 51.10(c), Family Code, is amended to
    7-8  read as follows:
    7-9        (c)  If the child was not represented by an attorney at the
   7-10  detention hearing required by Section 54.01 of this code and a
   7-11  determination was made to detain the child, the child shall
   7-12  immediately be entitled to representation by an attorney.  The
   7-13  court shall <may> order the retention of an attorney according to
   7-14  Subsection (d) <Section 51.10(d) of this code> or appoint an
   7-15  attorney according to Subsection (f) <Section 51.10(f) of this
   7-16  code>.
   7-17        SECTION 13.  Section 51.12, Family Code, is amended by
   7-18  amending Subsections (a) and (c) and adding Subsections (f) and (g)
   7-19  to read as follows:
   7-20        (a)  Except after transfer to criminal court for prosecution
   7-21  under Section 54.02 <of this code>, a child may <shall not> be
   7-22  detained only in a:
   7-23              (1)  juvenile processing office in compliance with
   7-24  Section 52.025;
   7-25              (2)  place of nonsecure custody in compliance with
   7-26  Section 52.027; or
   7-27              (3)  certified juvenile detention facility that
   7-28  complies with the requirements of Subsection (f) <in or committed
   7-29  to a compartment of a jail or lockup in which adults arrested for,
   7-30  charged with, or convicted of crime are detained or committed, nor
   7-31  be permitted contact with such persons>.
   7-32        (c)  In each county, the judge of the juvenile court and the
   7-33  members of the juvenile board shall personally inspect the
   7-34  detention facilities and any public or private secure correctional
   7-35  facilities used for post-adjudication confinement that are located
   7-36  in the county and operated under authority of the juvenile board at
   7-37  least annually and shall certify in writing to the authorities
   7-38  responsible for operating and giving financial support to the
   7-39  facilities and to the Texas Juvenile Probation Commission that they
   7-40  are suitable or unsuitable for the detention of children in
   7-41  accordance with:
   7-42              (1)  the requirements of Subsections <Subsection> (a),
   7-43  (f), and (g) <of this section>; and
   7-44              (2)  minimum <the requirements of Subchapter A, Chapter
   7-45  351, Local Government Code, if the detention facility is a county
   7-46  jail; and>
   7-47              <(3)  recognized> professional standards for the
   7-48  detention of children in pre-adjudication or post-adjudication
   7-49  secure confinement <deemed appropriate by the board, which may
   7-50  include minimum standards> promulgated by the Texas Juvenile
   7-51  Probation Commission or, at the election of the juvenile board, the
   7-52  standards promulgated by the American Correctional Association<.
   7-53  The juvenile board shall annually provide to the Texas Juvenile
   7-54  Probation Commission a copy of the standards used under this
   7-55  section>.
   7-56        (f)  A child detained in a building that contains a jail,
   7-57  lockup, or other place of secure confinement, including an alcohol
   7-58  or other drug treatment facility, shall be separated by sight and
   7-59  sound from adults detained in the same building.  Children and
   7-60  adults are separated by sight and sound only if they are unable to
   7-61  see each other and conversation between them is not possible.  The
   7-62  separation must extend to all areas of the facility, including
   7-63  sally ports and passageways, and those areas used for admission,
   7-64  sleeping, toileting, showering, dining, recreational, educational,
   7-65  or vocational activities, and health care.  The separation may be
   7-66  accomplished through architectural design.
   7-67        (g)  Except for a child detained in a juvenile processing
   7-68  office or a place of nonsecure custody, a child detained in a
   7-69  building that contains a jail or lockup may not have any contact
   7-70  with:
    8-1              (1)  part-time or full-time security staff, including
    8-2  management, who have contact with adults detained in the same
    8-3  building; or
    8-4              (2)  direct-care staff who have contact with adults
    8-5  detained in the same building.
    8-6        SECTION 14.  Section 51.13, Family Code, is amended by
    8-7  amending Subsection (a) and adding Subsection (d) to read as
    8-8  follows:
    8-9        (a)  Except as provided by Subsection (d), an <An> order of
   8-10  adjudication or disposition in a proceeding under this title is not
   8-11  a conviction of crime, and does not impose any civil disability
   8-12  ordinarily resulting from a conviction or operate to disqualify the
   8-13  child in any civil service application or appointment.
   8-14        (d)  An adjudication under Section 54.03 that a child engaged
   8-15  in delinquent conduct that constitutes a felony offense for which
   8-16  the child is committed to the Texas Youth Commission under Section
   8-17  54.04(d)(2), (d)(3), or (m) or 54.05(f) is a final felony
   8-18  conviction for purposes of Sections 12.42(a)-(c) and (e), Penal
   8-19  Code.
   8-20        SECTION 15.  Section 51.17, Family Code, is amended to read
   8-21  as follows:
   8-22        Sec. 51.17.  PROCEDURE AND EVIDENCE.  (a)  Except for the
   8-23  burden of proof to be borne by the state in adjudicating a child to
   8-24  be delinquent or in need of supervision under Section 54.03(f) or
   8-25  otherwise when in conflict with a provision of this title, the
   8-26  Texas Rules of Civil Procedure govern proceedings under this title.
   8-27  <Particular reference is made to the burden of proof to be borne by
   8-28  the state in adjudicating a child to be delinquent or in need of
   8-29  supervision (Section 54.03(f)).>
   8-30        (b)  Discovery in a proceeding under this title is governed
   8-31  by the Code of Criminal Procedure.
   8-32        (c)  Except as otherwise provided by this title, the Texas
   8-33  Rules of Criminal Evidence and Chapter 38, Code of Criminal
   8-34  Procedure, apply in a judicial proceeding under this title.
   8-35        SECTION 16.  Section 52.01(a), Family Code, is amended to
   8-36  read as follows:
   8-37        (a)  A child may be taken into custody:
   8-38              (1)  pursuant to an order of the juvenile court under
   8-39  the provisions of this subtitle;
   8-40              (2)  pursuant to the laws of arrest;
   8-41              (3)  by a law-enforcement officer, including a school
   8-42  district peace officer commissioned under Section 21.483, Education
   8-43  Code, if there is probable cause <are reasonable grounds> to
   8-44  believe that the child has engaged in:
   8-45                    (A)  conduct that violates a penal law of this
   8-46  state or a penal ordinance of any political subdivision of this
   8-47  state; or
   8-48                    (B)  delinquent conduct or conduct indicating a
   8-49  need for supervision; <or>
   8-50              (4)  by a probation officer if there is probable cause
   8-51  <are reasonable grounds> to believe that the child has violated a
   8-52  condition of probation imposed by the juvenile court; or
   8-53              (5)  pursuant to a directive to apprehend issued as
   8-54  provided by Section 52.015.
   8-55        SECTION 17.  Chapter 52, Family Code, is amended by adding
   8-56  Section 52.015 to read as follows:
   8-57        Sec. 52.015.  DIRECTIVE TO APPREHEND.  (a)  On the request of
   8-58  a law-enforcement or probation officer, a juvenile court may issue
   8-59  a directive to apprehend a child if the court finds there is
   8-60  probable cause to take the child into custody under the provisions
   8-61  of this title.
   8-62        (b)  On the issuance of a directive to apprehend, the
   8-63  law-enforcement or probation officer requesting the directive shall
   8-64  take the child into custody.
   8-65        (c)  An order under this section is not subject to appeal.
   8-66        SECTION 18.  Section 52.025,  Family Code, is amended by
   8-67  amending Subsection (a) and adding Subsection (e) to read as
   8-68  follows:
   8-69        (a)  The juvenile court may designate an office or a room,
   8-70  which may be located in a police facility or sheriff's offices, as
    9-1  the juvenile processing office for the temporary detention of a
    9-2  child taken into custody under Section 52.01 of this code.  The
    9-3  office may not be a cell or holding facility used for the detention
    9-4  of an adult <detentions other than detentions under this section>.
    9-5  The juvenile court by written order may prescribe the conditions of
    9-6  the designation and limit the activities that may occur in the
    9-7  office during the temporary detention.
    9-8        (e)  Notwithstanding any other provision of this section, a
    9-9  child may be processed at any facility that is regularly used to
   9-10  process adult criminal offenders if:
   9-11              (1)  the juvenile court has not made a designation
   9-12  under Subsection (a) or the court has made a designation but the
   9-13  child cannot be processed within six hours at the designated
   9-14  facility;
   9-15              (2)  the child is visually and auditorily separated
   9-16  from any adult criminal offender at the facility; and
   9-17              (3)  the child is supervised by a staff separate from
   9-18  the staff that supervises adult criminal offenders.
   9-19        SECTION 19.  Chapter 52, Family Code, is amended by adding
   9-20  Sections 52.027 and 52.028 to read as follows:
   9-21        Sec. 52.027.  CHILDREN TAKEN INTO CUSTODY FOR TRAFFIC
   9-22  OFFENSES, FOR OTHER FINEABLE ONLY OFFENSES, OR AS STATUS OFFENDER.
   9-23  (a)  A child may be released to the child's parent, guardian,
   9-24  custodian, or other responsible adult as provided in Section
   9-25  52.02(a)(1) if the child is taken into custody:
   9-26              (1)  for a traffic offense;
   9-27              (2)  for an offense other than public intoxication
   9-28  punishable by fine only; or
   9-29              (3)  as a status offender or nonoffender.
   9-30        (b)  A child described by Subsection (a) may be taken only to
   9-31  a place previously designated by the head of the law enforcement
   9-32  agency with custody of the child as an appropriate place of
   9-33  nonsecure custody for children unless the child:
   9-34              (1)  is released under Section 52.02(a)(1);
   9-35              (2)  is taken before a municipal court or justice
   9-36  court; or
   9-37              (3)  for truancy or running away, is taken to a
   9-38  juvenile detention facility.
   9-39        (c)  A place of nonsecure custody for children must be an
   9-40  unlocked, multipurpose area.  A lobby, office, or interrogation
   9-41  room is suitable if the area is not designated, set aside, or used
   9-42  as a secure detention area and is not part of a secure detention
   9-43  area.  A place of nonsecure custody may be a juvenile processing
   9-44  office designated under Section 52.025 if the area is not locked
   9-45  when it is used as a place of nonsecure custody.
   9-46        (d)  The following procedures shall be followed in a place of
   9-47  nonsecure custody for children:
   9-48              (1)  a child may not be secured physically to a cuffing
   9-49  rail, chair, desk, or other stationary object;
   9-50              (2)  the child may be held in the nonsecure facility
   9-51  only long enough to accomplish the purpose of identification,
   9-52  investigation, processing, release to parents, or the arranging of
   9-53  transportation to the appropriate juvenile court, juvenile
   9-54  detention facility, municipal court, or justice court;
   9-55              (3)  residential use of the area is prohibited; and
   9-56              (4)  the child shall be under continuous visual
   9-57  supervision by a law enforcement officer or facility staff person
   9-58  during the time the child is in nonsecure custody.
   9-59        (e)  Notwithstanding any other provision of this section, a
   9-60  child may not, under any circumstances, be detained in a place of
   9-61  nonsecure custody for more than six hours.
   9-62        (f)  A child taken into custody for a traffic offense or an
   9-63  offense, other than public intoxication, punishable by fine only
   9-64  may be presented or detained in a detention facility designated by
   9-65  the juvenile court under Section 52.02(a)(3) only if:
   9-66              (1)  the child's non-traffic case is transferred to the
   9-67  juvenile court by a municipal court or justice court under Section
   9-68  51.08(b); or
   9-69              (2)  the child is referred to the juvenile court by a
   9-70  municipal court or justice court for contempt of court under
   10-1  Subsection (h).
   10-2        (g)  A law enforcement officer may issue a field release
   10-3  citation, as provided by Article 14.06, Code of Criminal Procedure,
   10-4  in place of taking a child into custody for a traffic offense or an
   10-5  offense, other than public intoxication, punishable by fine only.
   10-6        (h)  A municipal court or justice court may not hold a child
   10-7  in contempt for intentionally refusing to obey a lawful order of
   10-8  disposition after an adjudication of guilt of a traffic offense or
   10-9  other offense punishable by fine only.  The municipal court or
  10-10  justice court shall instead refer the child to the appropriate
  10-11  juvenile court for delinquent conduct for contempt of the municipal
  10-12  court or justice court order.
  10-13        (i)  In this section, "child" means a person who is at least
  10-14  10 years of age and younger than 18 years of age and who:
  10-15              (1)  is charged with or convicted of a traffic offense
  10-16  or an offense, other than public intoxication, punishable by fine
  10-17  only as a result of an act committed before becoming 17 years of
  10-18  age;
  10-19              (2)  is a status offender and was taken into custody as
  10-20  a status offender for conduct engaged in before becoming 17 years
  10-21  of age; or
  10-22              (3)  is a nonoffender and became a nonoffender before
  10-23  becoming 17 years of age.
  10-24        Sec. 52.028.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
  10-25  JUVENILE CURFEW ORDINANCE.  (a)  A person younger than 17 years of
  10-26  age taken into custody for violation of a juvenile curfew ordinance
  10-27  of a governmental entity may be taken to a place designated as a
  10-28  juvenile curfew processing office by the head of the law
  10-29  enforcement agency of the governmental entity.
  10-30        (b)  The juvenile curfew processing office is not subject to
  10-31  the approval of the juvenile board having jurisdiction where the
  10-32  governmental entity is located.
  10-33        SECTION 20.  Sections 52.03(a) and (c), Family Code, are
  10-34  amended to read as follows:
  10-35        (a)  A law-enforcement officer authorized by this title to
  10-36  take a child into custody may dispose of the case of a child taken
  10-37  into custody without referral to juvenile court, if:
  10-38              (1)  guidelines for such disposition have been issued
  10-39  by the law-enforcement agency in which the officer works;
  10-40              (2)  the guidelines have been approved by the juvenile
  10-41  board <court> of the county in which the disposition is made;
  10-42              (3)  the disposition is authorized by the guidelines;
  10-43  and
  10-44              (4)  the officer makes a written report of his
  10-45  disposition to the law-enforcement agency, identifying the child
  10-46  and specifying the grounds for believing that the taking into
  10-47  custody was authorized.
  10-48        (c)  A disposition authorized by this section may involve:
  10-49              (1)  referral of the child to an agency other than the
  10-50  juvenile court; <or>
  10-51              (2)  a brief conference with the child and his parent,
  10-52  guardian, or custodian; or
  10-53              (3)  referral of the child and the child's parent,
  10-54  guardian, or custodian for services under Section 264.302.
  10-55        SECTION 21.  Chapter 52, Family Code, is amended by adding
  10-56  Section 52.031 to read as follows:
  10-57        Sec. 52.031.  FIRST OFFENDER PROGRAM.  (a)  A juvenile board
  10-58  may establish a first offender program under this section for the
  10-59  referral and disposition of children taken into custody for:
  10-60              (1)  conduct indicating a need for supervision; or
  10-61              (2)  delinquent conduct other than conduct that
  10-62  constitutes a felony of the first, second, or third degree.
  10-63        (b)  Each juvenile board in the county in which a first
  10-64  offender program is established shall designate a law enforcement
  10-65  officer and an agency, which may be a law enforcement agency, to
  10-66  process a child under the first offender program.
  10-67        (c)  The disposition of a child under the first offender
  10-68  program may not take place until:
  10-69              (1)  guidelines for the disposition have been issued by
  10-70  the agency designated under Subsection (b); and
   11-1              (2)  the juvenile board has approved the guidelines.
   11-2        (d)  A law enforcement officer taking a child into custody
   11-3  may refer the child to the law enforcement officer or agency
   11-4  designated under Subsection (b) for disposition under the first
   11-5  offender program and not refer the child to juvenile court only if:
   11-6              (1)  the child has not previously been adjudicated as
   11-7  having engaged in delinquent conduct;
   11-8              (2)  the referral complies with guidelines for
   11-9  disposition under Subsection (c); and
  11-10              (3)  the officer reports in writing the referral to the
  11-11  agency, identifying the child and specifying the grounds for taking
  11-12  the child into custody.
  11-13        (e)  A child referred for disposition under the first
  11-14  offender program may not be detained in law enforcement custody.
  11-15        (f)  The parent, guardian, or other custodian of the child
  11-16  must receive notice that the child has been referred for
  11-17  disposition under the first offender program.  The notice must:
  11-18              (1)  state the grounds for taking the child into
  11-19  custody;
  11-20              (2)  identify the law enforcement officer or agency to
  11-21  which the child was referred;
  11-22              (3)  briefly describe the nature of the program; and
  11-23              (4)  state that the child's failure to complete the
  11-24  program will result in the child being referred to the juvenile
  11-25  court.
  11-26        (g)  The child and the parent, guardian, or other custodian
  11-27  of the child must consent to participation by the child in the
  11-28  first offender program.
  11-29        (h)  Disposition under a first offender program may include:
  11-30              (1)  voluntary restitution by the child or the parent,
  11-31  guardian, or other custodian of the child to the victim of the
  11-32  conduct of the child;
  11-33              (2)  voluntary community service restitution by the
  11-34  child;
  11-35              (3)  educational, vocational training, counseling, or
  11-36  other rehabilitative services; and
  11-37              (4)  periodic reporting by the child to the law
  11-38  enforcement officer or agency to which the child has been referred.
  11-39        (i)  The case of a child who successfully completes the first
  11-40  offender program is closed and may not be referred to juvenile
  11-41  court, unless the child is taken into custody under circumstances
  11-42  described by Subsection (j)(3).
  11-43        (j)  The case of a child referred for disposition under the
  11-44  first offender program shall be referred to juvenile court if:
  11-45              (1)  the child fails to complete the program;
  11-46              (2)  the child or the parent, guardian, or other
  11-47  custodian of the child terminates the child's participation in the
  11-48  program before the child completes it; or
  11-49              (3)  the child completes the program but is taken into
  11-50  custody under Section 52.01 before the 90th day after the date the
  11-51  child completes the program for conduct other than the conduct for
  11-52  which the child was referred to the first offender program.
  11-53        (k)  A statement made by a child to a person giving advice,
  11-54  supervision, or participating in the first offender program may not
  11-55  be used against the child in any proceeding under this title or any
  11-56  criminal proceeding.
  11-57        (l)  The law enforcement agency must report to the juvenile
  11-58  board in December of each year the following:
  11-59              (1)  the last known address of the child, including the
  11-60  census tract;
  11-61              (2)  the gender and ethnicity of the child referred to
  11-62  the program; and
  11-63              (3)  the offense committed by the child.
  11-64        SECTION 22.  Section 53.01, Family Code, is amended by
  11-65  amending Subsections (a) and (b) and adding Subsections (d)-(f) to
  11-66  read as follows:
  11-67        (a)  On referral of a person believed to be a child or on
  11-68  referral of the person's <a child's> case to the office or official
  11-69  designated by the juvenile court, the intake officer, probation
  11-70  officer, or other person authorized by the court shall conduct a
   12-1  preliminary investigation to determine whether:
   12-2              (1)  the person referred to juvenile court is a child
   12-3  within the meaning of this title; and
   12-4              (2)  there is probable cause to believe the person
   12-5  <child> engaged in delinquent conduct or conduct indicating a need
   12-6  for supervision<; and>
   12-7              <(3)  further proceedings in the case are in the
   12-8  interest of the child or the public>.
   12-9        (b)  If it is determined that the person is not a child<,> or
  12-10  there is no probable cause, <or further proceedings are not
  12-11  warranted,> the person <child> shall immediately be released <and
  12-12  proceedings terminated>.
  12-13        (d)  Unless the juvenile board approves a written procedure
  12-14  proposed by the office of prosecuting attorney and chief juvenile
  12-15  probation officer which provides otherwise, if it is determined
  12-16  that the person is a child and, regardless of a finding of probable
  12-17  cause, or a lack thereof, there is an allegation that the child
  12-18  engaged in delinquent conduct of the grade of felony, or conduct
  12-19  constituting a misdemeanor offense involving violence to a person
  12-20  or the use or possession of a weapon, or a misdemeanor sexual
  12-21  offense, the case shall be promptly forwarded to the office of the
  12-22  prosecuting attorney, accompanied by:
  12-23              (1)  all documents that accompanied the current
  12-24  referral; and
  12-25              (2)  a summary of all prior referrals of the child to
  12-26  the juvenile court, juvenile probation department, or juvenile
  12-27  detention facility.
  12-28        (e)  If a juvenile board adopts an alternative referral plan
  12-29  under Subsection (d), the board shall register the plan with the
  12-30  Texas Juvenile Probation Commission.
  12-31        (f)  A juvenile board may not adopt an alternate referral
  12-32  plan that does not require the forwarding of a child's case to the
  12-33  prosecuting attorney as provided by Subsection (d) if probable
  12-34  cause exists to believe that the child engaged in delinquent
  12-35  conduct that violates Section 19.03, Penal Code (capital murder),
  12-36  or Section 19.02, Penal Code (murder).
  12-37        SECTION 23.  Chapter 53, Family Code, is amended by adding
  12-38  Sections 53.012 and 53.013 to read as follows:
  12-39        Sec. 53.012.  REVIEW BY PROSECUTOR.  (a)  The prosecuting
  12-40  attorney shall promptly review the circumstances and allegations of
  12-41  a referral made under Section 53.01 for legal sufficiency and the
  12-42  desirability of prosecution.
  12-43        (b)  If the prosecuting attorney does not file a petition
  12-44  requesting the adjudication of the child referred to the
  12-45  prosecuting attorney, the prosecuting attorney shall:
  12-46              (1)  terminate all proceedings, if the reason is for
  12-47  lack of probable cause;
  12-48              (2)  return the referral to the juvenile probation
  12-49  department for further proceedings; or
  12-50              (3)  refer the juvenile to a community-based citizen
  12-51  intervention program approved by the juvenile court.
  12-52        (c)  The juvenile probation department shall promptly refer a
  12-53  child who has been returned to the department under Subsection
  12-54  (b)(2) and who fails or refuses to participate in a program of the
  12-55  department to the prosecuting attorney for review of the child's
  12-56  case and determination of whether to file a petition.
  12-57        Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  Each juvenile
  12-58  board may adopt a progressive sanctions program using the
  12-59  guidelines for progressive sanctions in Chapter 59.
  12-60        SECTION 24.  Section 53.02, Family Code, is amended by
  12-61  amending Subsection (b) and adding Subsection (d) to read as
  12-62  follows:
  12-63        (b)  A child taken into custody may be detained prior to
  12-64  hearing on the petition only if:
  12-65              (1)  he is likely to abscond or be removed from the
  12-66  jurisdiction of the court;
  12-67              (2)  suitable supervision, care, or protection for him
  12-68  is not being provided by a parent, guardian, custodian, or other
  12-69  person;
  12-70              (3)  he has no parent, guardian, custodian, or other
   13-1  person able to return him to the court when required;
   13-2              (4)  he <is accused of committing a felony offense and>
   13-3  may be dangerous to himself or he may threaten the safety of the
   13-4  public <others> if released; or
   13-5              (5)  he has previously been found to be a delinquent
   13-6  child or has previously been convicted of a penal offense
   13-7  punishable by a term in jail or prison and is likely to commit an
   13-8  offense if released.
   13-9        (d)  A release of a child to an adult under Subsection (a)
  13-10  must be conditioned on the agreement of the adult to be subject to
  13-11  the jurisdiction of the juvenile court and to an order of contempt
  13-12  by the court if the adult, after notification, is unable to produce
  13-13  the child at later proceedings.
  13-14        SECTION 25.  Section 53.03, Family Code, is amended to read
  13-15  as follows:
  13-16        Sec. 53.03.  DEFERRED PROSECUTION <INTAKE CONFERENCE AND
  13-17  ADJUSTMENT>.  (a)  Subject to Subsection (h), if <If> the
  13-18  preliminary investigation required by Section 53.01 of this code
  13-19  results in a determination that further proceedings in the case are
  13-20  authorized <and warranted>, the probation officer or other
  13-21  designated officer of the court, subject to the direction of the
  13-22  juvenile court, may advise the parties for a reasonable period of
  13-23  time not to exceed six months concerning deferred prosecution <an
  13-24  informal adjustment> and <voluntary> rehabilitation of a child if:
  13-25              (1)  deferred prosecution <advice without a court
  13-26  hearing> would be in the interest of the public and the child;
  13-27              (2)  the child and his parent, guardian, or custodian
  13-28  consent with knowledge that consent is not obligatory; and
  13-29              (3)  the child and his parent, guardian, or custodian
  13-30  are informed that they may terminate the deferred prosecution
  13-31  <adjustment process> at any point and petition the court for a
  13-32  court hearing in the case.
  13-33        (b)  Except as otherwise permitted by this title, the child
  13-34  may not be detained during or as a result of the deferred
  13-35  prosecution <adjustment> process.
  13-36        (c)  An incriminating statement made by a participant to the
  13-37  person giving advice and in the discussions or conferences incident
  13-38  thereto may not be used against the declarant in any court hearing.
  13-39        (d)  A deferred prosecution <An informal adjustment>
  13-40  authorized by this section shall <may> involve:
  13-41              (1)  <voluntary> restitution by the child or his parent
  13-42  to the victim of an offense if there is a victim of the offense; or
  13-43              (2)  <voluntary> community service restitution by the
  13-44  child.
  13-45        (e)  In addition to the requirements of Subsection (d), a
  13-46  deferred prosecution may involve participation by the child in a
  13-47  substance abuse program if:
  13-48              (1)  participation in the program is applicable to the
  13-49  child's case; and
  13-50              (2)  funding is available for the program.
  13-51        (f)  In addition to the requirements of Subsections (d) and
  13-52  (e), a deferred prosecution may involve participation by the child
  13-53  in a community-based citizen intervention program approved by the
  13-54  juvenile court.
  13-55        (g)  The court may adopt a fee schedule for deferred
  13-56  prosecution <informal adjustment> services and rules for the waiver
  13-57  of a fee for financial hardship in accordance with guidelines that
  13-58  the Texas Juvenile Probation Commission shall provide.  The maximum
  13-59  fee is $15 a month.  If the court adopts a schedule and rules for
  13-60  waiver, the probation officer or other designated officer of the
  13-61  court shall collect the fee authorized by the schedule from the
  13-62  parent, guardian, or custodian of a child for whom a deferred
  13-63  prosecution <an informal adjustment> is authorized under this
  13-64  section or waive the fee in accordance with the rules adopted by
  13-65  the court.  The officer shall deposit the fees received under this
  13-66  section in the county treasury to the credit of a special fund that
  13-67  may be used only for juvenile probation or community-based juvenile
  13-68  corrections services or facilities in which a juvenile may be
  13-69  required to live while under court supervision.  If the court does
  13-70  not adopt a schedule and rules for waiver, a fee for deferred
   14-1  prosecution <informal adjustment> services may not be imposed.
   14-2        (h)  A child is not eligible for deferred prosecution under
   14-3  this section if the child has previously engaged in conduct that
   14-4  violates a penal law of this state of the grade of felony.
   14-5        (i)  The probation officer or other person designated by the
   14-6  court supervising deferred prosecution for a child under this
   14-7  section shall report to the prosecuting authority and the juvenile
   14-8  court any violation by the child of the deferred prosecution.
   14-9        SECTION 26.  Section 53.04(d), Family Code, is amended to
  14-10  read as follows:
  14-11        (d)  The petition must state:
  14-12              (1)  with reasonable particularity the time, place, and
  14-13  manner of the acts alleged and the penal law or standard of conduct
  14-14  allegedly violated by the acts;
  14-15              (2)  the name, age, and residence address, if known, of
  14-16  the child who is the subject of the petition;
  14-17              (3)  the names and residence addresses, if known, of
  14-18  the parent, guardian, or custodian of the child and of the child's
  14-19  spouse, if any; <and>
  14-20              (4)  if the child's parent, guardian, or custodian does
  14-21  not reside or cannot be found in the state, or if their places of
  14-22  residence are unknown, the name and residence address of any known
  14-23  adult relative residing in the county or, if there is none, the
  14-24  name and residence address of the known adult relative residing
  14-25  nearest to the location of the court; and
  14-26              (5)  if the child is alleged to have engaged in
  14-27  habitual felony conduct, the previous adjudications in which the
  14-28  child engaged in conduct violating penal laws of the grade of
  14-29  felony.
  14-30        SECTION 27.  The heading of Section 53.045, Family Code, is
  14-31  amended to read as follows:
  14-32        Sec. 53.045.  VIOLENT OR HABITUAL OFFENDERS <REFERRAL TO
  14-33  GRAND JURY>.
  14-34        SECTION 28.  Section 53.045(a), Family Code, is amended to
  14-35  read as follows:
  14-36        (a)  The <Except as provided by Subsection (e) of this
  14-37  section, the> prosecuting attorney may refer the petition to the
  14-38  grand jury of the county in which the court in which the petition
  14-39  is filed presides if the petition alleges that the child engaged in
  14-40  delinquent conduct that constitutes habitual felony conduct as
  14-41  described by Section 51.031 or that included the violation of any
  14-42  of the following provisions <of the Penal Code>:
  14-43              (1)  Section 19.02, Penal Code (murder);
  14-44              (2)  Section 19.03, Penal Code (capital murder);
  14-45              (3)  Section 20.04, Penal Code (aggravated kidnapping);
  14-46              (4)  Section 22.011, Penal Code (sexual assault) or
  14-47  Section 22.021, Penal Code (aggravated sexual assault);
  14-48              (5)  Section 22.02, Penal Code (aggravated assault)
  14-49  <22.03 (deadly assault on a law-enforcement officer, corrections
  14-50  officer, or court participant)>; <or>
  14-51              (6)  Section 29.03, Penal Code (aggravated robbery);
  14-52              (7)  Section 22.04, Penal Code (injury to a child,
  14-53  elderly individual, or disabled individual), if the offense is
  14-54  punishable as a felony, other than a state jail felony;
  14-55              (8)  Section 22.05(b), Penal Code (felony deadly
  14-56  conduct involving discharging a firearm);
  14-57              (9)  Subchapter D, Chapter 481, Health and Safety Code,
  14-58  if the conduct constitutes a felony of the first degree or an
  14-59  aggravated controlled substance felony (certain offenses involving
  14-60  controlled substances);
  14-61              (10)  Section 15.03, Penal Code (criminal
  14-62  solicitation); or
  14-63              (11)  Section 15.01, Penal Code (criminal attempt) that
  14-64  is punishable as a felony, other than a state jail felony, if the
  14-65  offense attempted is <was> an offense listed under this subsection
  14-66  <Section 19.03 (capital murder)>.
  14-67        SECTION 29.  Section 53.05(b), Family Code, is amended to
  14-68  read as follows:
  14-69        (b)  The time set for the hearing shall not be later than 10
  14-70  working days after the day the petition was filed if:
   15-1              (1)  the child is in detention; or
   15-2              (2)  the child will be taken into custody under Section
   15-3  53.06(d) of this code.
   15-4        SECTION 30.  Chapter 53, Family Code, is amended by adding
   15-5  Section 53.08 to read as follows:
   15-6        Sec. 53.08.  WRIT OF ATTACHMENT.  (a)  The juvenile court may
   15-7  issue a writ of attachment for a person who violates an order
   15-8  entered under Section 53.06(c).
   15-9        (b)  A writ of attachment issued under this section is
  15-10  executed in the same manner as in a criminal proceeding as provided
  15-11  by Chapter 24, Code of Criminal Procedure.
  15-12        SECTION 31.  Section 54.01, Family Code, is amended by
  15-13  amending Subsections (h) and (l) and adding Subsection (n) to read
  15-14  as follows:
  15-15        (h)  A detention order extends to the conclusion of the
  15-16  disposition hearing, if there is one, but in no event for more than
  15-17  10 working days.  Further detention orders may be made following
  15-18  subsequent detention hearings.  The initial detention hearing may
  15-19  not be waived but subsequent <Subsequent> detention hearings may be
  15-20  waived in accordance with the requirements of Section 51.09 of this
  15-21  code.  Each subsequent<, but each> detention order shall extend for
  15-22  no more than 10 working days.
  15-23        (l)  The juvenile board or, if there is none, the juvenile
  15-24  court, may appoint a referee to conduct the detention hearing.  The
  15-25  referee shall be an attorney licensed to practice law in this
  15-26  state.  Such payment or additional payment as may be warranted for
  15-27  referee services shall be provided from county funds.  Before
  15-28  commencing the detention hearing, the referee shall inform the
  15-29  parties who have appeared that they are entitled to have the
  15-30  hearing before the juvenile court judge or a substitute judge
  15-31  authorized by Section 51.04(f) of this code.  If a party objects to
  15-32  the referee conducting the detention hearing, an authorized judge
  15-33  shall conduct the hearing within 24 hours.  At the conclusion of
  15-34  the hearing, the referee shall transmit written findings and
  15-35  recommendations to the juvenile court judge or substitute judge.
  15-36  The juvenile court judge or substitute judge shall adopt, modify,
  15-37  or reject the referee's recommendations not later than the next
  15-38  working day after the day that the judge receives the
  15-39  recommendations <within 24 hours>.  Failure to act within that time
  15-40  results in release of the child by operation of law.  A
  15-41  recommendation that the child be released operates to secure his
  15-42  immediate release, subject to the power of the juvenile court judge
  15-43  or substitute judge to reject or modify that recommendation.  The
  15-44  effect of an order detaining a child shall be computed from the
  15-45  time of the hearing before the referee.
  15-46        (n)  An attorney appointed by the court under Section
  15-47  51.10(c) because a determination was made under this section to
  15-48  detain a child who was not represented by an attorney may request
  15-49  on behalf of the child and is entitled to a de novo detention
  15-50  hearing under this section.
  15-51        SECTION 32.  Chapter 54, Family Code, is amended by adding
  15-52  Section 54.011 to read as follows:
  15-53        Sec. 54.011.  INTERACTIVE VIDEO RECORDING OF DETENTION
  15-54  HEARING.  (a)  A detention hearing under Section 54.01, other than
  15-55  the first detention hearing, may be held using interactive video
  15-56  equipment if:
  15-57              (1)  the child and the child's attorney agree to the
  15-58  video hearing; and
  15-59              (2)  the parties to the proceeding have the opportunity
  15-60  to cross-examine witnesses.
  15-61        (b)  A detention hearing may not be held using video
  15-62  equipment unless the video equipment for the hearing provides for a
  15-63  two-way communication of image and sound between the child, the
  15-64  court, and other parties at the hearing.
  15-65        (c)  A recording of the communications shall be made.  The
  15-66  recording shall be preserved until the earlier of:
  15-67              (1)  the 91st day after the date on which the recording
  15-68  is made if the child is alleged to have engaged in conduct
  15-69  constituting a misdemeanor;
  15-70              (2)  the 120th day after the date on which the
   16-1  recording is made if the child is alleged to have engaged in
   16-2  conduct constituting a felony; or
   16-3              (3)  the date on which the adjudication hearing ends.
   16-4        (d)  An attorney for the child may obtain a copy of the
   16-5  recording on payment of the reasonable costs of producing the copy.
   16-6        SECTION 33.  Sections 54.02(a), (d), (f), (g), (h), (i), and
   16-7  (j), Family Code, are amended to read as follows:
   16-8        (a)  The juvenile court may waive its exclusive original
   16-9  jurisdiction and transfer a child to the appropriate district court
  16-10  or criminal district court for criminal proceedings if:
  16-11              (1)  the child is alleged to have violated a penal law
  16-12  of the grade of felony;
  16-13              (2)  the child was:
  16-14                    (A)  14 <15> years of age or older at the time he
  16-15  is alleged to have committed the offense, if the offense is a
  16-16  capital felony or a felony of the first degree, and no adjudication
  16-17  hearing has been conducted concerning that offense; or
  16-18                    (B)  15 years of age or older at the time the
  16-19  child is alleged to have committed the offense, if the offense is a
  16-20  felony of the second or third degree or a state jail felony, and no
  16-21  adjudication hearing has been conducted concerning that offense;
  16-22  and
  16-23              (3)  after a full investigation, as prescribed by
  16-24  Subsection (d), and a hearing, the juvenile court determines that
  16-25  there is probable cause to believe that the child before the court
  16-26  committed the offense alleged and that because of the seriousness
  16-27  of the offense alleged or the background of the child the welfare
  16-28  of the community requires criminal proceedings.
  16-29        (d)  Prior to the hearing, the juvenile court shall order and
  16-30  obtain a complete diagnostic study, social evaluation, and full
  16-31  investigation of the child's <child, his> circumstances<, and the
  16-32  circumstances of the alleged offense>.
  16-33        (f)  In making the determination required by Subsection (a)
  16-34  of this section, the court shall consider, among other matters:
  16-35              (1)  whether the alleged offense was against person or
  16-36  property, with greater weight in favor of transfer given to
  16-37  offenses against the person;
  16-38              (2)  <whether the alleged offense was committed in an
  16-39  aggressive and premeditated manner;>
  16-40              <(3)  whether there is evidence on which a grand jury
  16-41  may be expected to return an indictment;>
  16-42              <(4)>  the sophistication and maturity of the child;
  16-43              (3) <(5)>  the record and previous history of the
  16-44  child; and
  16-45              (4) <(6)>  the prospects of adequate protection of the
  16-46  public and the likelihood of the rehabilitation of the child by use
  16-47  of procedures, services, and facilities currently available to the
  16-48  juvenile court.
  16-49        (g)  If the petition alleges multiple offenses that
  16-50  constitute more than one criminal transaction, the juvenile court
  16-51  shall either retain or transfer all offenses relating to a single
  16-52  transaction.  A  <juvenile court retains jurisdiction, the> child
  16-53  is not subject to criminal prosecution at any time for any offense
  16-54  arising out of a criminal transaction for which the juvenile court
  16-55  retains jurisdiction <alleged in the petition or for any offense
  16-56  within the knowledge of the juvenile court judge as evidenced by
  16-57  anything in the record of the proceedings>.
  16-58        (h)  If the juvenile court waives jurisdiction, it shall
  16-59  state specifically in the order its reasons for waiver and certify
  16-60  its action, including the written order and findings of the court,
  16-61  and shall transfer the person <child> to the appropriate court for
  16-62  criminal proceedings.  On transfer of the person <child> for
  16-63  criminal proceedings, the person <he> shall be dealt with as an
  16-64  adult and in accordance with the Code of Criminal Procedure.  The
  16-65  transfer of custody is an arrest.  <The court to which the child is
  16-66  transferred shall determine if good cause exists for an examining
  16-67  trial.  If there is no good cause for an examining trial, the court
  16-68  shall refer the case to the grand jury.  If there is good cause for
  16-69  an examining trial, the court shall conduct an examining trial and
  16-70  may remand the child to the jurisdiction of the juvenile court.>
   17-1        (i)  A waiver under this section is a waiver of jurisdiction
   17-2  over the child and the criminal court may not remand the child to
   17-3  the jurisdiction of the juvenile court unless the juvenile court
   17-4  resumes jurisdiction under Section 51.036(b).  <If the child's case
   17-5  is brought to the attention of the grand jury and the grand jury
   17-6  does not indict for the offense charged in the complaint forwarded
   17-7  by the juvenile court, the district court or criminal district
   17-8  court shall certify the grand jury's failure to indict to the
   17-9  juvenile court.  On receipt of the certification, the juvenile
  17-10  court may resume jurisdiction of the case.>
  17-11        (j)  The juvenile court may waive its exclusive original
  17-12  jurisdiction and transfer a person to the appropriate district
  17-13  court or criminal district court for criminal proceedings if:
  17-14              (1)  the person is 18 years of age or older;
  17-15              (2)  the person was:
  17-16                    (A)  14 <15> years of age or older and under 17
  17-17  years of age at the time he is alleged to have committed a capital
  17-18  felony or a felony of the first degree; or
  17-19                    (B)  15 years of age or older and under 17 years
  17-20  of age at the time the person is alleged to have committed a felony
  17-21  of the second or third degree or a state jail felony;
  17-22              (3)  no adjudication concerning the alleged offense has
  17-23  been made or no adjudication hearing concerning the offense has
  17-24  been conducted;
  17-25              (4)  the juvenile court finds from a preponderance of
  17-26  the evidence that:
  17-27                    (A)  for a reason beyond the control of the state
  17-28  it was not practicable to proceed in juvenile court before the 18th
  17-29  birthday of the person; or
  17-30                    (B)  after due diligence of the state it was not
  17-31  practicable to proceed in juvenile court before the 18th birthday
  17-32  of the person because:
  17-33                          (i) <(A)>  the state did not have probable
  17-34  cause to proceed in juvenile court and new evidence has been found
  17-35  since the 18th birthday of the person; <or>
  17-36                          (ii) <(B)>  the person could not be found;
  17-37  or
  17-38                          (iii)  a previous transfer order was
  17-39  reversed by an appellate court or set aside by a district court;
  17-40  and
  17-41              (5)  the juvenile court determines that there is
  17-42  probable cause to believe that the child before the court committed
  17-43  the offense alleged.
  17-44        SECTION 34.  Section 54.021, Family Code, is amended to read
  17-45  as follows:
  17-46        Sec. 54.021.  JUSTICE OR MUNICIPAL COURT:  TRUANCY.  (a)  The
  17-47  juvenile court may waive its exclusive original jurisdiction and
  17-48  transfer a child to an appropriate justice or municipal court, with
  17-49  the permission of the justice or municipal court, for disposition
  17-50  in the manner provided by Subsection (b) of this section if the
  17-51  child is alleged to have engaged in conduct described in Section
  17-52  51.03(b)(2) of this code.  A waiver of jurisdiction under this
  17-53  subsection may be for an individual case or for all cases in which
  17-54  a child is alleged to have engaged in conduct described in Section
  17-55  51.03(b)(2) of this code.  The waiver of a juvenile court's
  17-56  exclusive original jurisdiction for all cases in which a child is
  17-57  alleged to have engaged in conduct described in Section 51.03(b)(2)
  17-58  of this code is effective for a period of one year.
  17-59        (b)  A justice or municipal court may exercise jurisdiction
  17-60  over a person <child> alleged to have engaged in conduct indicating
  17-61  a need for supervision by engaging in conduct described in Section
  17-62  51.03(b)(2) in a case where the juvenile court has waived its
  17-63  original jurisdiction under this section.  A justice or municipal
  17-64  court may exercise jurisdiction under this section without regard
  17-65  to whether the justice of the peace or municipal judge for the
  17-66  court is a licensed attorney or the hearing for a case is before a
  17-67  jury consisting of six persons.
  17-68        (c)  On a finding that a person <child> has engaged in
  17-69  conduct described by Section 51.03(b)(2), the justice or municipal
  17-70  court shall enter an order appropriate to the nature of the
   18-1  conduct.
   18-2        (d)  On a finding by the justice or municipal court that the
   18-3  person <child> has engaged in truant conduct and that the conduct
   18-4  is of a recurrent nature, the court may enter an order that
   18-5  includes one or more of the following provisions requiring that:
   18-6              (1)  the person <child> attend a preparatory class for
   18-7  the high school equivalency examination provided under Section
   18-8  11.35, Education Code, if the court determines that the person
   18-9  <child> is too old to do well in a formal classroom environment;
  18-10              (2)  the person <child> attend a special program that
  18-11  the court determines to be in the best interests of the person
  18-12  <child>, including an alcohol and drug abuse program;
  18-13              (3)  the person, <child and> the person's <child's>
  18-14  parents, managing conservator, or guardian, or both the person and
  18-15  the person's parents, managing conservator, or guardian attend a
  18-16  class for students at risk of dropping out of school designed for
  18-17  both the person <child> and the person's <child's> parents,
  18-18  managing conservator, or guardian;
  18-19              (4)  the person <child> complete reasonable community
  18-20  service requirements;
  18-21              (5)  the person's <child's> driver's license be
  18-22  suspended in the manner provided by Section 54.042 of this code;
  18-23              (6)  the person <child> attend school without unexcused
  18-24  absences; or
  18-25              (7)  the person <child> participate in a tutorial
  18-26  program provided by the school attended by the person or another
  18-27  organization <child> in the academic subjects in which the person
  18-28  <child> is enrolled for a total number of hours ordered by the
  18-29  court.
  18-30        (e)  An order under Subsection (d)(3) that requires the
  18-31  parent, managing conservator, or guardian of a person to attend a
  18-32  class for students at risk of dropping out of school <(d) of this
  18-33  section> is enforceable in the justice court by contempt.
  18-34        (f)  A school attendance officer may refer a person <child>
  18-35  alleged to have engaged in conduct described in Section 51.03(b)(2)
  18-36  of this code to the justice court in the precinct where the person
  18-37  <child> resides or in the precinct where the person's <child's>
  18-38  school is located if the juvenile court having exclusive original
  18-39  jurisdiction has waived its jurisdiction as provided by Subsection
  18-40  (a) of this section for all cases involving conduct described by
  18-41  Section 51.03(b)(2) of this code.
  18-42        (g)  A court having jurisdiction under this section shall
  18-43  endorse on the summons issued to the parent, guardian, or custodian
  18-44  of the person <child> who is the subject of the hearing an order
  18-45  directing the parent, guardian, or custodian to appear personally
  18-46  at the hearing and directing the person having custody of the
  18-47  person <child> to bring the person <child> to the hearing.
  18-48        (h)  A person commits an offense if the person is a parent,
  18-49  guardian, or custodian who fails to attend a hearing under this
  18-50  section after receiving notice under Subsection (g) of this section
  18-51  that the person's attendance was required.  An offense under this
  18-52  subsection is a Class C misdemeanor.
  18-53        SECTION 35.  Chapter 54, Family Code, is amended by adding
  18-54  Section 54.022 to read as follows:
  18-55        Sec. 54.022.  JUSTICE OR MUNICIPAL COURT:  CERTAIN
  18-56  MISDEMEANORS.  (a)  On a finding by a justice or municipal court
  18-57  that a child committed a misdemeanor offense punishable by fine
  18-58  only other than a traffic offense or public intoxication or
  18-59  committed a violation of a penal ordinance of a political
  18-60  subdivision other than a traffic offense, the court has
  18-61  jurisdiction to enter an order:
  18-62              (1)  referring the child or the child's parents,
  18-63  managing conservators, or guardians for services under Section
  18-64  264.302; or
  18-65              (2)  requiring that the child attend a special program
  18-66  that the court determines to be in the best interest of the child
  18-67  and that is approved by the county commissioners court, including a
  18-68  rehabilitation, counseling, self-esteem and leadership, work and
  18-69  job skills training, job interviewing and work preparation,
  18-70  self-improvement, parenting, manners, violence avoidance, tutoring,
   19-1  sensitivity training, parental responsibility, community service,
   19-2  restitution, advocacy, or mentoring program.
   19-3        (b)  On a finding by a justice or municipal court that a
   19-4  child committed an offense described by Subsection (a) and that the
   19-5  child has previously been convicted of an offense described by
   19-6  Subsection (a), the court has the jurisdiction to enter an order
   19-7  that includes one or more of the following provisions, in addition
   19-8  to the provisions under Subsection (a), requiring that:
   19-9              (1)  the child attend a special program that the court
  19-10  determines to be in the best interest of the child and that is
  19-11  approved by the county commissioners court;
  19-12              (2)  the child's parents, managing conservator, or
  19-13  guardian attend a parenting class or parental responsibility
  19-14  program if the court finds the parent, managing conservator, or
  19-15  guardian, by wilful act or omission, contributed to, caused, or
  19-16  encouraged the child's conduct; or
  19-17              (3)  the child and the child's parents, managing
  19-18  conservator, or guardian attend the child's school classes or
  19-19  functions if the court finds the parent, managing conservator, or
  19-20  guardian, by wilful act or omission, contributed to, caused, or
  19-21  encouraged the child's conduct.
  19-22        (c)  The justice or municipal court may order the parents,
  19-23  managing conservator, or guardian of a child required to attend a
  19-24  program under Subsection (a) or (b) to pay an amount not greater
  19-25  than $100 to pay for the costs of the program.
  19-26        (d)  A justice or municipal court may require a child,
  19-27  parent, managing conservator, or guardian required to attend a
  19-28  program, class, or function under this section to submit proof of
  19-29  attendance to the court.
  19-30        (e)  A justice or municipal court shall endorse on the
  19-31  summons issued to a parent, managing conservator, or a guardian to
  19-32  appear personally at the hearing with the child.
  19-33        (f)  An order under this section involving a child is
  19-34  enforceable under Section 51.03(a)(3) by referral to the juvenile
  19-35  court.
  19-36        (g)  Any other order under this section is enforceable by the
  19-37  justice or municipal court by contempt.
  19-38        SECTION 36.  Sections 54.03(b) and (d), Family Code, are
  19-39  amended to read as follows:
  19-40        (b)  At the beginning of the adjudication hearing, the
  19-41  juvenile court judge shall provide a written or oral explanation
  19-42  <explain> to the child and his parent, guardian, or guardian ad
  19-43  litem of:
  19-44              (1)  the allegations made against the child;
  19-45              (2)  the nature and possible consequences of the
  19-46  proceedings, including the law relating to the admissibility of the
  19-47  record of a juvenile court adjudication in a criminal proceeding;
  19-48              (3)  the child's privilege against self-incrimination;
  19-49              (4)  the child's right to trial and to confrontation of
  19-50  witnesses;
  19-51              (5)  the child's right to representation by an attorney
  19-52  if he is not already represented; and
  19-53              (6)  the child's right to trial by jury.
  19-54        (d)  Except as provided by Section 54.031 of this chapter,
  19-55  only material, relevant, and competent evidence in accordance with
  19-56  the Texas Rules of Criminal Evidence and Chapter 38, Code of
  19-57  Criminal Procedure, <requirements for the trial of civil cases> may
  19-58  be considered in the adjudication hearing.  Except in a detention
  19-59  or discretionary transfer hearing, a social history report or
  19-60  social service file shall not be viewed by the court before the
  19-61  adjudication decision and shall not be viewed by the jury at any
  19-62  time.
  19-63        SECTION 37.  Section 54.04, Family Code, is amended by
  19-64  amending Subsections (a), (d), (e), (g), (h), and (k) and adding
  19-65  Subsection (m) to read as follows:
  19-66        (a)  The disposition hearing shall be separate, distinct, and
  19-67  subsequent to the adjudication hearing.  There is no right to a
  19-68  jury at the disposition hearing unless the child is in jeopardy of
  19-69  a determinate sentence under Subsection (d)(3) or (m) of this
  19-70  section, in which case, the child is entitled to a jury of  12
   20-1  persons to determine the sentence.
   20-2        (d)  If the court or jury makes the finding specified in
   20-3  Subsection (c) of this section allowing the court to make a
   20-4  disposition in the case:
   20-5              (1)  the court or jury may, in addition to any order
   20-6  required or authorized under Section 54.041 or 54.042 of this code,
   20-7  place the child on probation on such reasonable and lawful terms as
   20-8  the court may determine:
   20-9                    (A)  in his own home or in the custody of a
  20-10  relative or other fit person; <or>
  20-11                    (B)  subject to the finding under Subsection (c)
  20-12  of this section on the placement of the child outside the child's
  20-13  home, in:
  20-14                          (i)  a suitable foster home; or
  20-15                          (ii)  a suitable public or private
  20-16  institution or agency, except the Texas Youth Commission; or
  20-17                    (C)  after an adjudication that the child engaged
  20-18  in delinquent conduct and subject to the finding under Subsection
  20-19  (c) on the placement of the child outside the child's home, in an
  20-20  intermediate sanction facility operated under Chapter 61, Human
  20-21  Resources Code;
  20-22              (2)  if the court or jury found at the conclusion of
  20-23  the adjudication hearing that the child engaged in delinquent
  20-24  conduct and if the petition was not approved by the grand jury
  20-25  under Section 53.045 of this code, the court may:
  20-26                    (A)  commit the child to a youth boot camp
  20-27  program created under Section 61.101, Human Resources Code, for a
  20-28  period not to exceed one year; or
  20-29                    (B)  commit the child to the Texas Youth
  20-30  Commission without a determinate sentence; <or>
  20-31              (3)  if the court or jury found at the conclusion of
  20-32  the adjudication hearing that the child engaged in delinquent
  20-33  conduct that included  a violation of a penal law listed in Section
  20-34  53.045(a) of this code and if  the petition was approved by the
  20-35  grand jury under Section 53.045 of this code, the court or jury may
  20-36  sentence the child to commitment in the Texas Youth Commission with
  20-37  a possible transfer to the institutional division or the pardons
  20-38  and paroles division of the Texas Department of Criminal Justice.
  20-39  Any child committed to the Texas Youth Commission shall first be
  20-40  committed to a youth boot camp established under Section 61.101,
  20-41  Human Resource Code, for a period not to exceed eight weeks, unless
  20-42  the commission determines that the services and the level of
  20-43  security at the facility are inappropriate for the child.  If the
  20-44  child is transferred to the institutional division or the pardons
  20-45  and paroles division of the Texas Department of Criminal Justice,
  20-46  the child may be committed for a <any> term of not less than two
  20-47  years or more than:
  20-48                    (A)  40 years, if the conduct constitutes a
  20-49  capital felony or a felony of the first degree;
  20-50                    (B)  20 years, if the conduct constitutes a
  20-51  felony of the second degree; or
  20-52                    (C)  10 years, if the conduct constitutes a
  20-53  felony of the third degree; or
  20-54              (4)  if applicable, the court or jury may make a
  20-55  disposition under  Subsection (m) of this section <years not to
  20-56  exceed 40 years>.
  20-57        (e)  The Texas Youth Commission shall accept a person <child>
  20-58  properly committed to it by a juvenile court even though the person
  20-59  <child> may be 17 years of age or older at the time of commitment.
  20-60        (g)  If the court orders a disposition under Subsection
  20-61  (d)(3) or (m) of this section and there is an affirmative finding
  20-62  that the defendant used or exhibited a deadly weapon during the
  20-63  commission of the conduct or during immediate flight from
  20-64  commission of the conduct, the court shall enter the finding in the
  20-65  order.  If there is an affirmative finding that the deadly weapon
  20-66  was a firearm, the court shall enter that finding in the order.
  20-67        (h)  At the conclusion of the dispositional hearing, the
  20-68  court shall inform the child of:
  20-69              (1)  the child's <his> right to appeal, as required by
  20-70  Section 56.01 of this code; and
   21-1              (2)  the procedures for  the sealing of the child's
   21-2  records under Section 58.005 of this code.
   21-3        (k)  Except as provided by Subsection (m), the <The> period
   21-4  to which a court or jury may sentence a person <child> to
   21-5  commitment to the Texas Youth Commission with a transfer to the
   21-6  Texas Department of Criminal Justice under Subsection (d)(3) of
   21-7  this section applies without regard to whether the person <child>
   21-8  has previously been adjudicated as having engaged in delinquent
   21-9  conduct.
  21-10        (m)  The court or jury may sentence a child  adjudicated for
  21-11  habitual felony conduct as described by Section 51.031 to a term
  21-12  prescribed by Subsection (d)(3) and applicable to the conduct
  21-13  adjudicated in the pending case if:
  21-14              (1)  a petition was filed and approved by a grand jury
  21-15  under Section 53.045 alleging that the child engaged in habitual
  21-16  felony conduct; and
  21-17              (2)  the court or jury finds beyond a reasonable doubt
  21-18  that the allegation described by Subdivision (1) in the grand jury
  21-19  petition is true.
  21-20        SECTION 38.  Section 54.041, Family Code, is amended by
  21-21  amending Subsections (b)-(e) and adding Subsections (f) and (g) to
  21-22  read as follows:
  21-23        (b)  If a child is found to have engaged in delinquent
  21-24  conduct or conduct indicating a need for supervision arising from
  21-25  the commission of an offense in which property damage or loss or
  21-26  personal injury occurred, the juvenile court, on notice to all
  21-27  persons affected and on hearing, may order the child or a parent,
  21-28  conservator, guardian, or other custodian of the child to make full
  21-29  or partial restitution to the victim of the offense.  The program
  21-30  of restitution must promote the rehabilitation of the child, be
  21-31  appropriate to the age and physical, emotional, and mental
  21-32  abilities of the child, and not conflict with the child's
  21-33  schooling.  When practicable and subject to court supervision, the
  21-34  court may approve a restitution program based on a settlement
  21-35  between the child and the victim of the offense.  An order under
  21-36  this subsection may provide for periodic payments by the child or a
  21-37  parent of the child for the period specified in the order but that
  21-38  period may not extend past the 19th <18th> birthday of the child.
  21-39  <If the child or parent is unable to make full or partial
  21-40  restitution or if a restitution order is not appropriate under the
  21-41  circumstances, the court may order the child to render personal
  21-42  services to a charitable or educational institution in the manner
  21-43  prescribed in the court order in lieu of restitution.>
  21-44        (c)  Restitution under this section is cumulative of any
  21-45  other remedy allowed by law and may be used in addition to other
  21-46  remedies; except that a victim of an offense is not entitled to
  21-47  receive more than actual damages under a juvenile court order.  <A
  21-48  city, town, or county that establishes a program to assist children
  21-49  in rendering personal services to a charitable or educational
  21-50  institution as authorized by this subsection may purchase insurance
  21-51  policies protecting the city, town, or county against claims
  21-52  brought by a person other than the child for a cause of action that
  21-53  arises from an act of the child while rendering those services.
  21-54  The city, town, or county is not liable under this Act to the
  21-55  extent that damages are recoverable under a contract of insurance
  21-56  or under a plan of self-insurance authorized by statute.  The
  21-57  liability of the city, town, or county for a cause of action that
  21-58  arises from an action of the child while rendering those services
  21-59  may not exceed $100,000 to a single person and $300,000 for a
  21-60  single occurrence in the case of personal injury or death, and
  21-61  $10,000 for a single occurrence of property damage.  Liability may
  21-62  not extend to punitive or exemplary damages.  This subsection does
  21-63  not waive a defense, immunity, or jurisdictional bar available to
  21-64  the city, town, or county or its officers or employees, nor shall
  21-65  this Act be construed to waive, repeal, or modify any provision of
  21-66  the Texas Tort Claims Act, as amended (Article 6252-19, Vernon's
  21-67  Texas Civil Statutes).>
  21-68        (d) <(c)>  A person subject to an order proposed under
  21-69  Subsection (a) of this section is entitled to a hearing on the
  21-70  order before the order is entered by the court.
   22-1        (e) <(d)>  An order made under this section may be enforced
   22-2  as provided by Section 54.07 of this code.
   22-3        (f) <(e)>  If a child is found to have engaged in conduct
   22-4  indicating a need for supervision described under Section
   22-5  51.03(b)(2) of this code, the court may order the child's parents
   22-6  or guardians to attend a class provided under Section 21.035(h),
   22-7  Education Code, if the school district in which the child's parents
   22-8  or guardians reside offers a class under that section.
   22-9        (g)  A juvenile court may, as provided by this section, order
  22-10  a person for whom a finding has been made under Subsection (a)(1)
  22-11  that the person by wilful act or omission contributed to, caused,
  22-12  or encouraged the child's delinquent conduct or conduct indicating
  22-13  a need for supervision to pay to the juvenile court as costs an
  22-14  amount the court determines reasonably represents the cost of:
  22-15              (1)  all proceedings for the child through the court
  22-16  system, including the remuneration of and expenses of law
  22-17  enforcement personnel or court personnel and processing costs;
  22-18              (2)  the detention of the child; and
  22-19              (3)  the provision of treatment for the child.
  22-20        SECTION 39.  Sections 54.042(b), (d), and (e), Family Code,
  22-21  are amended to read as follows:
  22-22        (b)  The order under Subsection (a)(1) of this section shall
  22-23  specify a period of suspension or denial that is<:>
  22-24              <(1)>  until the child reaches the age of 19 <17> or
  22-25  for a period of 365 days, whichever is longer<; or>
  22-26              <(2)  if the court finds that the child has engaged in
  22-27  conduct violating the laws of this state prohibiting driving while
  22-28  intoxicated, by reason of the introduction of alcohol into the
  22-29  body, under Article 6701l-1, Revised Statutes, and also determines
  22-30  that the child has previously been found to have engaged in conduct
  22-31  violating the same laws, until the child reaches the age of 19 or
  22-32  for a period of 365 days, whichever is longer>.
  22-33        (d)  A juvenile court, in a disposition hearing under Section
  22-34  54.04 of this code, may order the Department of Public Safety to
  22-35  suspend a child's driver's license or permit or, if the child does
  22-36  not have a license or permit, to deny the issuance of a license or
  22-37  permit to the child for a period not to exceed 12 <six> months if
  22-38  the court finds that the child has engaged in conduct in need of
  22-39  supervision or delinquent conduct other than the conduct described
  22-40  by Subsection (a) of this section.
  22-41        (e)  A juvenile court that places a child on probation under
  22-42  Section 54.04 of this code may require as a reasonable condition of
  22-43  the probation that if the child violates the probation, the court
  22-44  may order the Department of Public Safety to suspend the child's
  22-45  driver's license or permit or, if the child does not have a license
  22-46  or permit, to deny the issuance of a license or permit to the child
  22-47  for a period not to exceed 12 <six> months.  The court may make
  22-48  this order if a child that is on probation under this condition
  22-49  violates the probation.  A suspension under this subsection is
  22-50  cumulative of any other suspension under this section.
  22-51        SECTION 40.  Chapter 54, Family Code, is amended by adding
  22-52  Sections 54.044 and 54.045 to read as follows:
  22-53        Sec. 54.044.  COMMUNITY SERVICE.  (a)  If the court places a
  22-54  child on probation under Section 54.04(d), the court shall require
  22-55  as a condition of probation that the child work a specified number
  22-56  of hours at a community service project approved by the court and
  22-57  designated by the juvenile board as provided by Subsection (e),
  22-58  unless the court determines and enters a finding on the order
  22-59  placing the child on probation that:
  22-60              (1)  the child is physically or mentally incapable of
  22-61  participating in the project;
  22-62              (2)  participating in the project will be a hardship on
  22-63  the child or the family of the child; or
  22-64              (3)  the child has shown good cause that community
  22-65  service should not be required.
  22-66        (b)  The court may also order under this section that the
  22-67  child's parent perform community service with the child.
  22-68        (c)  The court shall order that the child and the child's
  22-69  parent perform a total of not more than 500 hours of community
  22-70  service under this section.
   23-1        (d)  A municipality or county that establishes a program to
   23-2  assist children and their parents in rendering community service
   23-3  under this section may purchase insurance policies protecting the
   23-4  municipality or county against claims brought by a person other
   23-5  than the child or the child's parent for a cause of action that
   23-6  arises from an act of the child or parent while rendering community
   23-7  service.  The municipality or county is not liable under this
   23-8  section to the extent that damages are recoverable under a contract
   23-9  of insurance or under a plan of self-insurance authorized by
  23-10  statute.  The liability of the municipality or county for a cause
  23-11  of action that arises from an action of the child or the child's
  23-12  parent while rendering community service may not exceed $100,000 to
  23-13  a single person and $300,000 for a single occurrence in the case of
  23-14  personal injury or death, and $10,000 for a single occurrence of
  23-15  property damage.  Liability may not extend to punitive or exemplary
  23-16  damages.   This subsection does not waive a defense, immunity, or
  23-17  jurisdictional bar available to the municipality or county or its
  23-18  officers or employees, nor shall this section be construed to
  23-19  waive, repeal, or modify any provision of Chapter 101, Civil
  23-20  Practice and Remedies Code.
  23-21        (e)  For the purposes of this section, a court may submit to
  23-22  the juvenile probation department a list of organizations or
  23-23  projects approved by the court for community service.  The juvenile
  23-24  probation department may:
  23-25              (1)  designate an organization or project for community
  23-26  service only from the list submitted by the court; and
  23-27              (2)  reassign or transfer a child to a different
  23-28  organization or project on the list submitted by the court under
  23-29  this subsection without court approval.
  23-30        (f)  A person subject to an order proposed under Subsection
  23-31  (a) or (b) is entitled to a hearing on the order before the order
  23-32  is entered by the court.
  23-33        (g)  An order made under this section may be enforced as
  23-34  provided by Section 54.07.
  23-35        Sec. 54.045.  ADMISSION OF UNADJUDICATED CONDUCT.  (a)
  23-36  During a disposition hearing under Section 54.04, a child may:
  23-37              (1)  admit having engaged in delinquent conduct or
  23-38  conduct indicating a need for supervision for which the child has
  23-39  not been adjudicated; and
  23-40              (2)  request the court to take the admitted conduct
  23-41  into account in the disposition of the child.
  23-42        (b)  If the prosecuting attorney agrees in writing, the court
  23-43  may take the admitted conduct into account in the disposition of
  23-44  the child.
  23-45        (c)  A court may take into account admitted conduct over
  23-46  which exclusive venue lies in another county only if the court
  23-47  obtains the written permission of the prosecuting attorney for that
  23-48  county.
  23-49        (d)  A child may not be adjudicated by any court for having
  23-50  engaged in conduct taken into account under this section, except
  23-51  that, if the conduct taken into account included conduct over which
  23-52  exclusive venue lies in another county and the written permission
  23-53  of the prosecuting attorney of that county was not obtained, the
  23-54  child may be adjudicated for that conduct, but the child's
  23-55  admission under this section may not be used against the child in
  23-56  the adjudication.
  23-57        SECTION 41.  Sections 54.05(f) and (h), Family Code, are
  23-58  amended to read as follows:
  23-59        (f)  A disposition based on a finding that the child engaged
  23-60  in delinquent conduct may be modified so as to commit the child to
  23-61  a youth boot camp program created under Section 141.0012, Human
  23-62  Resources Code, for a period not to exceed eight weeks, or the
  23-63  Texas Youth Commission if the court after a hearing to modify
  23-64  disposition finds by a preponderance of the evidence <beyond a
  23-65  reasonable doubt> that the child violated a reasonable and lawful
  23-66  order of the court.  A disposition based on a finding that the
  23-67  child engaged in habitual felony conduct as described by Section
  23-68  51.031 of this code or in <a> delinquent conduct that included a
  23-69  violation of a penal law listed in Section 53.045(a) of this code
  23-70  may be modified to commit the child to a youth boot camp program
   24-1  created under Section 141.0012, Human Resources Code, for a period
   24-2  not to exceed eight weeks, and the Texas Youth Commission with a
   24-3  possible transfer to the institutional division or the pardons and
   24-4  paroles division of the Texas Department of Criminal Justice for a
   24-5  definite term prescribed by Section 54.04(d)(3) of this code <not
   24-6  to exceed 40 years> if the original petition was approved by the
   24-7  grand jury under Section 53.045 of this code and if after a hearing
   24-8  to modify the disposition the court or jury finds that the child
   24-9  violated a reasonable and lawful order of the court.
  24-10        (h)  A hearing shall be held prior to commitment to a youth
  24-11  boot camp or the Texas Youth Commission as a modified disposition.
  24-12  In other disposition modifications, the child and his parent,
  24-13  guardian, guardian ad litem, or attorney may waive hearing in
  24-14  accordance with Section 51.09 of this code.  A child in jeopardy of
  24-15  a sentence for a determinate term is entitled to a jury of 12
  24-16  persons on the issues of the violation of the court's orders and
  24-17  the sentence.
  24-18        SECTION 42.  Chapter 54, Family Code, is amended by adding
  24-19  Section 54.055 to read as follows:
  24-20        Sec. 54.055.  CLERK TO SUBMIT DISPOSITION INFORMATION.  Not
  24-21  later than the 60th day after the date an order is entered in the
  24-22  disposition of a case under Section 54.04 or 54.05, the clerk of
  24-23  the court that issued the order shall transmit to the Department of
  24-24  Public Safety information relating to the disposition of the case.
  24-25  The clerk shall include:
  24-26              (1)  the name of the child;
  24-27              (2)  the names of the child's parents or guardian;
  24-28              (3)  a description of the conduct for which the child
  24-29  was adjudicated; and
  24-30              (4)  the disposition made in the case.
  24-31        SECTION 43.  Section 54.06, Family Code, as amended by
  24-32  Chapters 798 and 1048, Acts of the 73rd Legislature, Regular
  24-33  Session, 1993, is amended by amending Subsection (c) and adding
  24-34  Subsections (d)-(f) to read as follows:
  24-35        (c)  A court may enforce an order for support under this
  24-36  section by ordering garnishment of the wages of the person ordered
  24-37  to pay support or by any other means available to enforce a child
  24-38  support order under Title 2.
  24-39        (d)  An order <(c)  Orders> for support may be enforced as
  24-40  provided in Section 54.07 of this code.
  24-41        (e)  The court shall apply the child support guidelines under
  24-42  Section 14.055 in an order requiring the payment of child support
  24-43  under this section.  The court shall also require in an order to
  24-44  pay child support under this section that health insurance be
  24-45  provided for the child.  Section 14.061 applies to an order
  24-46  requiring health insurance for a child under this section.
  24-47        (f)  An order under this section prevails over any previous
  24-48  child support order issued with regard to the child to the extent
  24-49  of any conflict between the orders.
  24-50        SECTION 44.  Section 54.08, Family Code, is amended to read
  24-51  as follows:
  24-52        Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as
  24-53  provided by Subsection (b), the court shall open <Except for any
  24-54  hearing on a petition that has been approved by the grand jury
  24-55  under Section 53.045 of this code and in which the child is subject
  24-56  to a determinate sentence, the general public may be excluded from>
  24-57  hearings under this title to the public unless the court, for good
  24-58  cause shown, determines that the public should be excluded.
  24-59        (b)  The court may not prohibit a person who is a victim of
  24-60  the conduct of a child from personally attending a hearing under
  24-61  this title relating to the conduct by the child unless the victim
  24-62  is to testify in the hearing or any subsequent hearing relating to
  24-63  the conduct and the court determines that the victim's testimony
  24-64  would be materially affected if the victim hears other testimony at
  24-65  trial <in its discretion may admit such members of the general
  24-66  public as it deems proper>.
  24-67        SECTION 45.  Section 54.11, Family Code, is amended to read
  24-68  as follows:
  24-69        Sec. 54.11.  RELEASE OR TRANSFER HEARING.  (a)  On receipt of
  24-70  a referral <notice required> under Section 61.0785, 61.0786, or
   25-1  61.079(a), Human Resources Code, for  <of> the transfer to the
   25-2  institutional division or the pardons and paroles division of the
   25-3  Texas Department of Criminal Justice <Corrections> of a person
   25-4  committed to the Texas Youth Commission under a determinate
   25-5  sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), <or on
   25-6  receipt of a request by the commission under Section 61.081(f),
   25-7  Human Resources  Code, for approval of the  release under
   25-8  supervision of a person committed to the commission under a
   25-9  determinate sentence,> the court shall set a time and place for a
  25-10  hearing on the release of the person.
  25-11        (b)  The court shall notify the following of the time and
  25-12  place of the hearing:
  25-13              (1)  the person to be transferred or released under
  25-14  supervision;
  25-15              (2)  the parents of the person;
  25-16              (3)  any legal custodian of the person, including the
  25-17  Texas Youth Commission;
  25-18              (4)  the office of the prosecuting  attorney that
  25-19  represented the state in the juvenile delinquency proceedings;
  25-20              (5)  the victim of the offense that was included in the
  25-21  delinquent conduct that was a ground  for the disposition, or a
  25-22  member of the victim's family; and
  25-23              (6)  any other person who has filed a written request
  25-24  with the court to be notified of  a release hearing with respect to
  25-25  the person to be transferred or released under supervision.
  25-26        (c)  Except for the person to be transferred or released
  25-27  under supervision and the prosecuting attorney, the failure to
  25-28  notify a person listed in Subsection (b) of this section does not
  25-29  affect the validity of a <release> hearing conducted or <a release>
  25-30  determination made under this section if the record in the case
  25-31  reflects that the whereabouts of the persons who  did not receive
  25-32  notice were unknown to the court and a reasonable effort was made
  25-33  by the court to locate those persons.
  25-34        (d)  At a <release> hearing under this section the court may
  25-35  consider written reports from probation officers, professional
  25-36  court employees, or professional consultants, in addition to the
  25-37  testimony of witnesses.  At least one day before the <release>
  25-38  hearing, the court shall provide the attorney for the person to be
  25-39  transferred or released under supervision with access to all
  25-40  written matter to be considered by the court.
  25-41        (e)  At  the <any release> hearing, the person to be
  25-42  transferred or  released under supervision is entitled to an
  25-43  attorney, to examine all witnesses against him, to present evidence
  25-44  and oral argument, and to previous examination of all reports on
  25-45  and evaluations and examinations of or relating to him that may be
  25-46  used in the hearing.
  25-47        (f)  A <release> hearing under this section is open to the
  25-48  public unless the person to be transferred or released under
  25-49  supervision waives a public hearing with the consent of his
  25-50  attorney and the court.
  25-51        (g)  A <release> hearing  under this section must be recorded
  25-52  by a court reporter or by audio or video tape recording, and the
  25-53  record of the hearing must be retained by the court for at least
  25-54  two years after the date of the final determination on the transfer
  25-55  or release of the person by the court.
  25-56        (h)  The <release> hearing on a person who is referred for
  25-57  <the subject of a notice of> transfer under Section 61.0785,
  25-58  61.0786, or 61.079(a), Human Resources Code, shall <must> be held
  25-59  not later than the 60th day after the date the court receives the
  25-60  referral <before 30 days before the person's 18th birthday>.
  25-61        (i)  On conclusion of the <release> hearing on a person who
  25-62  is referred for <the subject of a notice of> transfer under Section
  25-63  61.079(a), Human Resources Code, the court may order:
  25-64              (1)  <the recommitment of the person to the Texas Youth
  25-65  Commission without a determinate sentence;>
  25-66              <(2)>  the transfer of the person to the custody of the
  25-67  institutional division of the Texas Department of Criminal Justice
  25-68  for the completion of the person's <determinate> sentence; or
  25-69              (2) <(3)>  the transfer <final discharge> of the person
  25-70  to the pardons and paroles division of the Texas Department of
   26-1  Criminal Justice for release on parole under Article 42.18, Code of
   26-2  Criminal Procedure.
   26-3        (j)  On conclusion of the hearing on a person who is referred
   26-4  for transfer under Section 61.0785, Human Resources Code, the court
   26-5  may order:
   26-6              (1)  the return of the person to the custody of the
   26-7  Texas Youth Commission; or
   26-8              (2)  the transfer of the person to the custody of the
   26-9  institutional division of the Texas Department of Criminal Justice
  26-10  for completion of the person's sentence.
  26-11        (k)  On conclusion of the hearing on a person who is referred
  26-12  for transfer under Section 61.0786, Human Resources Code, the court
  26-13  may order:
  26-14              (1)  the return of the person to the custody of the
  26-15  Texas Youth Commission, with or without an order for the child to
  26-16  be returned to the juvenile court for further review under this
  26-17  section on the first anniversary of the order; or
  26-18              (2)  the transfer of the person to the custody of the
  26-19  pardons and paroles division of the Texas Department of Criminal
  26-20  Justice for release on parole under Section 29, Article 42.18, Code
  26-21  of Criminal Procedure.
  26-22        (l)  In making a determination under this section, the court
  26-23  may consider the experiences and character of the person before and
  26-24  after commitment to the youth commission, the nature of the penal
  26-25  offense that the person was found to have committed and the manner
  26-26  in which the offense was committed, the abilities of the person to
  26-27  contribute to society, the protection of the victim of the offense
  26-28  or any member of the victim's family, the recommendations of the
  26-29  youth commission and prosecuting attorney, the best interests of
  26-30  the person, and any other factor relevant to the issue to be
  26-31  decided.
  26-32        (m)  On recommendation by the Texas Youth Commission, the
  26-33  court may defer a transfer ordered under Subsection (i), (j), or
  26-34  (k) to allow a person to continue participation in a treatment
  26-35  program with the Texas Youth Commission.  The deferral of the
  26-36  hearing may not extend beyond the 19th birthday of the person.
  26-37        SECTION 46.  Chapter 54, Family Code, is amended by adding
  26-38  Section 54.12 to read as follows:
  26-39        Sec. 54.12.  YOUTH BOOT CAMP PROGRAMS.  A boot camp program
  26-40  is an intermediate sanction facility and may be used for the
  26-41  following purposes:
  26-42              (1)  as an intermediate sanction, for a period not to
  26-43  exceed one year for a commitment under Section 54.04;
  26-44              (2)  as a penalty, for a period not to exceed eight
  26-45  weeks, for violating the conditions of probation as determined
  26-46  under Section 54.04(d)(1) or for violating the conditions of parole
  26-47  as determined under Section 61.075, Human Resources Code; and
  26-48              (3)  as mandatory commitment, for a period not to
  26-49  exceed eight weeks, before an offender who is committed to the
  26-50  Texas Youth Commission under Section 54.04 enters the commission,
  26-51  unless the commission determines that the services and the level of
  26-52  security at the facility are inappropriate for the child.
  26-53        SECTION 47.  Chapter 55, Family Code, is amended to read as
  26-54  follows:
  26-55   CHAPTER 55.  PROCEEDINGS CONCERNING CHILDREN WITH MENTAL ILLNESS
  26-56            OR MENTAL<,> RETARDATION<, DISEASE, OR DEFECT>
  26-57        Sec. 55.01.  Physical or Mental Examination.  (a)  At any
  26-58  stage of the proceedings under this title, the juvenile court may
  26-59  order a <cause the> child alleged by petition or found to have
  26-60  engaged in delinquent conduct or conduct indicating a need for
  26-61  supervision to be examined by appropriate experts, including a
  26-62  physician, psychiatrist, or psychologist.
  26-63        (b)  If an examination ordered under Subsection (a) of this
  26-64  section is to determine whether the child is mentally retarded, the
  26-65  examination must consist of a determination of mental retardation
  26-66  and an interdisciplinary team recommendation, as provided by
  26-67  Chapter 593 <comprehensive diagnosis and evaluation as defined in
  26-68  Subtitle D, Title 7>, Health and Safety Code, and shall be
  26-69  conducted at a facility approved or operated by the Texas
  26-70  Department of Mental Health and Mental Retardation or at a
   27-1  community center established in accordance with Chapter 534, Health
   27-2  and Safety Code.
   27-3        Sec. 55.02.  <MENTALLY ILL> CHILD WITH MENTAL ILLNESS.  (a)
   27-4  The <If it appears to the juvenile court, on suggestion of a party
   27-5  or on the court's own notice, that a child alleged by petition or
   27-6  found to have engaged in delinquent conduct or conduct indicating a
   27-7  need for supervision may be mentally ill, the> court shall initiate
   27-8  proceedings to order temporary or extended mental health services,
   27-9  as provided in Chapter 574, Subchapter C, Health and Safety Code,
  27-10  for a <hospitalization of the> child alleged or found to have
  27-11  engaged in delinquent conduct or conduct indicating a need for
  27-12  supervision, if:
  27-13              (1)  on motion by a party or the court it is alleged
  27-14  that the child is mentally ill; or
  27-15              (2)  a child is found or alleged to be unfit to proceed
  27-16  as a result of mental illness under Section 55.04 of this chapter
  27-17  or is found not responsible for the child's conduct as a result of
  27-18  mental illness under Section 55.05 of this chapter <for observation
  27-19  and treatment>.
  27-20        (b)  Subtitle C, Title 7, Health and Safety Code, governs
  27-21  proceedings for court-ordered mental health services <temporary
  27-22  hospitalization> except that the juvenile court shall conduct the
  27-23  proceedings whether or not the juvenile court is also a county
  27-24  court.
  27-25        (c)  If the juvenile court orders mental health services for
  27-26  <enters an order of temporary hospitalization of> the child, the
  27-27  child shall be cared for, treated, and released in conformity to
  27-28  Subtitle C, Title 7, Health and Safety Code, except:
  27-29              (1)  a juvenile court order for mental health services
  27-30  <of temporary hospitalization> of a child automatically expires on
  27-31  the 120th day after the date <when> the child becomes 18 years of
  27-32  age; and
  27-33              (2)  the administrator <head> of a mental health
  27-34  facility <hospital> shall notify, in writing, the juvenile court
  27-35  that ordered mental health services of the intent to discharge the
  27-36  child <temporary hospitalization> at least 10 days prior to
  27-37  discharge <of the child; and>
  27-38              <(3)  appeal from juvenile court proceedings under this
  27-39  section shall be to the court of civil appeals as in other
  27-40  proceedings under this title>.
  27-41        (d)  If the juvenile court orders mental health services for
  27-42  the <temporary hospitalization of a> child, the proceedings under
  27-43  this title then pending in juvenile court shall be stayed.
  27-44        (e)  If the child is discharged from the mental health
  27-45  facility <hospital> before reaching 18 years of age, the juvenile
  27-46  court may:
  27-47              (1)  dismiss the juvenile court proceedings with
  27-48  prejudice; or
  27-49              (2)  continue with proceedings under this title as
  27-50  though no order of mental health services <temporary
  27-51  hospitalization> had been made.
  27-52        (f)  If the child for whom the court has ordered mental
  27-53  health services under this section is not discharged or furloughed
  27-54  from the residential care facility before reaching 18 years of age,
  27-55  the juvenile court shall transfer all pending proceedings from the
  27-56  juvenile court to a criminal court upon the child's 18th birthday.
  27-57  The juvenile court shall send notification of the transfer to the
  27-58  residential care facility.  The criminal court shall, within 90
  27-59  days of the transfer, institute proceedings under Article 46.02,
  27-60  Code of Criminal Procedure.
  27-61        Sec. 55.03.  <MENTALLY RETARDED> CHILD WITH MENTAL
  27-62  RETARDATION.  (a)  If <it appears to the juvenile court, on the
  27-63  suggestion of a party or on the court's own notice, that> a child
  27-64  is <alleged or> found or alleged to be unfit to proceed as a result
  27-65  of mental retardation under Section 55.04 of this chapter or is
  27-66  found not responsible for the child's conduct as a result of mental
  27-67  retardation under Section 55.05 of this chapter <have engaged in
  27-68  delinquent conduct or conduct indicating a need for supervision may
  27-69  be mentally retarded>, the court shall order a determination of
  27-70  mental retardation and an interdisciplinary team recommendation
   28-1  <comprehensive diagnosis and evaluation> of the child, as provided
   28-2  by Chapter 593, Health and Safety Code, to be performed at a
   28-3  facility approved or operated by the Texas Department of Mental
   28-4  Health and Mental Retardation or at a community center established
   28-5  in accordance with Chapter 534, Health and Safety Code.  If the
   28-6  court finds that the results of such determination of mental
   28-7  retardation <comprehensive diagnosis and evaluation> indicate a
   28-8  significantly subaverage general intellectual function of 2.5 or
   28-9  more standard deviations below the age-group mean for the tests
  28-10  used existing concurrently with significantly related deficits in
  28-11  adaptive behavior <of Levels I-IV>, the court shall initiate
  28-12  proceedings to order commitment of the child to a residential care
  28-13  facility, as that term is defined by Section 591.003, Health and
  28-14  Safety Code <for the care and treatment of mentally retarded
  28-15  persons>.
  28-16        (b)  A child alleged or found to have engaged in delinquent
  28-17  conduct or conduct indicating a need for supervision may be
  28-18  committed to a residential care facility if:
  28-19              (1)  the child is found unfit to proceed as a result of
  28-20  mental retardation under Section 55.04 of this chapter or is found
  28-21  not responsible for the child's conduct as a result of mental
  28-22  retardation under Section 55.05 of this chapter; and
  28-23              (2)  the child meets the criteria for commitment as
  28-24  provided in Subchapter C, Chapter 593, Health and Safety Code.
  28-25        (c)  Subtitle D, Title 7, Health and Safety Code, governs
  28-26  proceedings for commitment of a child under <meeting the criteria
  28-27  set forth in Subsection (a) of> this section except that:
  28-28              (1)  the juvenile court shall conduct the proceedings
  28-29  whether or not the juvenile court is also a county court; and
  28-30              (2)  on receipt of the court's order entering the
  28-31  findings required by <set forth in Subsection (a) of this section,
  28-32  together with those findings set forth in> Subtitle D, Title 7,
  28-33  Health and Safety Code, and Subsection (b)(1) of this section <as
  28-34  prerequisites for court commitments>, the Texas Department of
  28-35  Mental Health and Mental Retardation or the appropriate community
  28-36  center shall <thereupon> admit the child to a residential care
  28-37  facility <for the mentally retarded>.
  28-38        (d) <(c)>  If the juvenile court enters an order committing
  28-39  the child to <for care and treatment in> a residential care
  28-40  facility <for mentally retarded persons>, the child shall be cared
  28-41  for, treated, and released in conformity to Subtitle D, Title 7,
  28-42  Health and Safety Code, except that the administrator of the
  28-43  residential care facility shall notify, in writing,<:>
  28-44              <(1)>  the juvenile court that ordered commitment of
  28-45  the child of the intent <shall be notified at least 10 days prior>
  28-46  to discharge <of> the child from the residential care facility or
  28-47  to furlough the child to an alternative placement at least 20 days
  28-48  prior to the date of the discharge or furlough<; and>
  28-49              <(2)  appeal from juvenile court proceedings under this
  28-50  section shall be to the court of civil appeals as in other
  28-51  proceedings under this title>.
  28-52        (e) <(d)>  If the juvenile court orders commitment of a child
  28-53  to a residential care facility <for the care and treatment of
  28-54  mentally retarded persons>, the proceedings under this title then
  28-55  pending in juvenile court shall be stayed.
  28-56        (f) <(e)>  If the child committed to a residential care
  28-57  facility is discharged or furloughed from the residential care
  28-58  facility as provided by Subsection (d) of this section and in
  28-59  accordance with Subtitle D, Title 7, Health and Safety Code, <for
  28-60  the care and treatment of mentally retarded persons> before
  28-61  reaching 18 years of age, the juvenile court may:
  28-62              (1)  dismiss the juvenile court proceedings with
  28-63  prejudice; or
  28-64              (2)  continue with proceedings under this title as
  28-65  though no order of commitment had been made.
  28-66        (g)  If the child committed to a residential care facility is
  28-67  not discharged or furloughed from the residential care facility
  28-68  before reaching 18 years of age, the juvenile court shall transfer
  28-69  all pending proceedings from the juvenile court to a criminal court
  28-70  upon the child's 18th birthday.  The juvenile court shall send
   29-1  notification of the transfer to the residential care facility.  The
   29-2  criminal court shall, within 90 days of the transfer, institute
   29-3  proceedings under Article 46.02, Code of Criminal Procedure.
   29-4        Sec. 55.04.  UNFITNESS <MENTAL DISEASE OR DEFECT EXCLUDING
   29-5  FITNESS> TO PROCEED.  (a)  A <No> child alleged by petition or
   29-6  found to have engaged in delinquent conduct or conduct indicating a
   29-7  need for supervision who as a result of mental illness or mental
   29-8  retardation <disease or defect> lacks capacity to understand the
   29-9  proceedings in juvenile court or to assist in his own defense is
  29-10  unfit to proceed and shall not be subjected to discretionary
  29-11  transfer to criminal court, adjudication, disposition, or
  29-12  modification of disposition as long as such incapacity endures.
  29-13        (b)  If on motion by a party or the court it is alleged
  29-14  <appears to the juvenile court, on suggestion of a party or on the
  29-15  court's own notice,> that a child <alleged or found to have engaged
  29-16  in delinquent conduct or conduct indicating a need for supervision>
  29-17  may be unfit to proceed as a result of mental illness or mental
  29-18  retardation, the court shall order appropriate examinations as
  29-19  provided by Section 55.01 of this chapter.  The information
  29-20  obtained from the examinations must include expert opinion as to
  29-21  <medical and psychiatric inquiry to assist in determining> whether
  29-22  the child is unfit to proceed as a result <because> of mental
  29-23  illness or mental retardation <disease or defect>.
  29-24        (c)  The court or jury shall determine whether the child is
  29-25  unfit to proceed as a result of mental illness or mental
  29-26  retardation <from the psychiatric and other evidence> at a hearing
  29-27  separate from<, but conducted in accordance with the requirements
  29-28  for,> the adjudication hearing <whether the child is fit or unfit
  29-29  to proceed>.
  29-30        (d)  Unfitness to proceed as a result of mental illness or
  29-31  mental retardation must be proved by a preponderance of the
  29-32  evidence.
  29-33        (e)  If the court or jury determines that the child is fit to
  29-34  proceed, the juvenile court shall continue with proceedings under
  29-35  this title as though no question of fitness to proceed had been
  29-36  raised.
  29-37        (f)  If the court or jury determines that the child is unfit
  29-38  to proceed as a result of mental illness or mental retardation, the
  29-39  court <or jury> shall initiate proceedings under <determine whether
  29-40  the child should be committed for a period of temporary
  29-41  hospitalization for observation and treatment in accordance with>
  29-42  Section 55.02 or <of this code or committed to a facility for
  29-43  mentally retarded persons for care and treatment in accordance
  29-44  with> Section 55.03 of this chapter <code>.
  29-45        (g)  A proceeding <Proceedings> to determine fitness to
  29-46  proceed may be joined with proceedings under Sections 55.02 and
  29-47  55.03 of this chapter <code>.
  29-48        (h)  The fact that the child is unfit to proceed as a result
  29-49  of mental illness or mental retardation does not preclude any legal
  29-50  objection to the juvenile court proceedings which is susceptible of
  29-51  fair determination prior to the adjudication hearing and without
  29-52  the personal participation of the child.
  29-53        Sec. 55.05.  LACK OF RESPONSIBILITY FOR CONDUCT <MENTAL
  29-54  DISEASE OR DEFECT EXCLUDING RESPONSIBILITY>.  (a)  A child alleged
  29-55  by petition to have engaged in <is not responsible for> delinquent
  29-56  conduct or conduct indicating a need for supervision is not
  29-57  responsible for the conduct if at the time of the <such> conduct,
  29-58  as a result of mental illness or mental retardation <disease or
  29-59  defect>, the child did not know that his conduct was wrong <he
  29-60  lacks substantial capacity either to appreciate the wrongfulness of
  29-61  his conduct or to conform his conduct to the requirements of law>.
  29-62        (b)  If <it appears to the juvenile court,> on motion
  29-63  <suggestion> of a party or <on> the court it is <court's own
  29-64  notice, that a child> alleged that the child <to have engaged in
  29-65  delinquent conduct or conduct indicating a need for supervision>
  29-66  may not be responsible as a result of mental illness or mental
  29-67  retardation for the child's conduct <disease or defect>, the court
  29-68  shall order appropriate examinations as provided by Section 55.01
  29-69  of this chapter.  The information obtained from the examinations
  29-70  must include expert opinion as to <medical and psychiatric inquiry
   30-1  to assist in determining> whether the child is <or is> not
   30-2  responsible for the child's conduct as a result of mental illness
   30-3  or mental retardation.
   30-4        (c)  The issue of whether the child is not responsible for
   30-5  his conduct as a result of mental illness or mental retardation
   30-6  <disease or defect> shall be tried to the court or jury in the
   30-7  adjudication hearing.
   30-8        (d)  Lack of <Mental disease or defect excluding>
   30-9  responsibility for conduct as a result of mental illness or mental
  30-10  retardation must be proved by a preponderance of the evidence.
  30-11        (e)  In its findings or verdict the court or jury must state
  30-12  whether the child is not responsible for his conduct as a result of
  30-13  mental illness or mental retardation <disease or defect>.
  30-14        (f)  If the court or jury finds the child is not responsible
  30-15  for his conduct as a result of mental illness or mental
  30-16  retardation, the court shall initiate proceedings under Section
  30-17  55.02 or 55.03 of this chapter <proceedings shall continue as
  30-18  though no question of mental disease or defect excluding
  30-19  responsibility had been raised>.
  30-20        (g)  A <If the court or jury finds that the> child found <is>
  30-21  not responsible for his conduct as a result of mental illness or
  30-22  mental retardation <disease or defect, the court shall dismiss the
  30-23  proceedings with prejudice, and the court> shall not be subject to
  30-24  proceedings under this title with respect to such conduct, other
  30-25  than <initiate> proceedings under Section 55.02 or 55.03 of this
  30-26  chapter <code to determine whether the child should be committed
  30-27  for care and treatment as a mentally ill or mentally retarded
  30-28  child>.
  30-29        <(h)  A child declared not responsible for his conduct
  30-30  because of mental disease or defect shall not thereafter be subject
  30-31  to proceedings under this title with respect to such conduct, other
  30-32  than proceedings under Section 55.02 or 55.03 of this code.>
  30-33        SECTION 48.  Section 56.01, Family Code, is amended by
  30-34  amending Subsections (c) and (i) and adding Subsections (k)-(m) to
  30-35  read as follows:
  30-36        (c)  An appeal may be taken<:>
  30-37              <(1)>  by or on behalf of a child from an order entered
  30-38  under:
  30-39                    <(A)  Section 54.02 of this code respecting
  30-40  transfer of the child to criminal court for prosecution as an
  30-41  adult;>
  30-42              (1) <(B)>  Section 54.03 of this code with regard to
  30-43  delinquent conduct or conduct indicating a need for supervision;
  30-44              (2) <(C)>  Section 54.04 of this code disposing of the
  30-45  case;
  30-46              (3) <(D)>  Section 54.05 of this code respecting
  30-47  modification of a previous juvenile court disposition; or
  30-48              (4) <(E)>  Chapter 55 of this code committing a child
  30-49  to a facility for the mentally ill or mentally retarded<; or>
  30-50              <(2)  by a person from an order entered under Section
  30-51  54.11(i)(2) of this code transferring the person to the custody of
  30-52  the institutional division of the Texas Department of Criminal
  30-53  Justice>.
  30-54        (i)  The appellate court may affirm, reverse, or modify the
  30-55  judgment or order, including an order of disposition or modified
  30-56  disposition, from which appeal was taken.  It may reverse or modify
  30-57  an order of disposition or modified order of disposition while
  30-58  affirming the juvenile court adjudication that the child engaged in
  30-59  delinquent conduct or conduct indicating a need for supervision.
  30-60  It may remand an order that it reverses or modifies for further
  30-61  proceedings by the juvenile court.
  30-62        (k)  The appellate court shall dismiss an appeal on the
  30-63  state's motion, supported by affidavit showing that the appellant
  30-64  has escaped from custody pending the appeal and, to the affiant's
  30-65  knowledge, has not voluntarily returned to the state's custody on
  30-66  or before the 10th day after the date of the escape.  The court may
  30-67  not dismiss an appeal, or if the appeal has been dismissed, shall
  30-68  reinstate the appeal, on the filing of an affidavit of an officer
  30-69  or other credible person showing that the appellant voluntarily
  30-70  returned to custody on or before the 10th day after the date of the
   31-1  escape.
   31-2        (l)  The court may order the child, the child's parent, or
   31-3  other person responsible for support of the child to pay the
   31-4  child's costs of appeal,  including the costs of representation by
   31-5  an attorney, unless the court determines the person to be ordered
   31-6  to pay the costs is indigent.
   31-7        (m)  For purposes of determining indigency of the child under
   31-8  this section, the court shall consider the assets and income of the
   31-9  child, the child's parent, and any other person responsible for the
  31-10  support of the child.
  31-11        SECTION 49.  Section 57.001(3), Family Code, is amended to
  31-12  read as follows:
  31-13              (3)  "Victim" means a person who:
  31-14                    (A)  is the victim of the delinquent conduct of a
  31-15  child that includes the elements under the penal law of this state
  31-16  of sexual assault, kidnapping, or aggravated robbery; <or>
  31-17                    (B)  has suffered bodily injury or death as a
  31-18  result of the conduct of a child that violates a penal law of this
  31-19  state; or
  31-20                    (C)  is the owner or lessor of property damaged
  31-21  or lost  as a result of the conduct of a child that violates a
  31-22  penal law of this state.
  31-23        SECTION 50.  Section 57.002, Family Code, is amended to read
  31-24  as follows:
  31-25        Sec. 57.002.  Victim's Rights.  A victim, guardian of a
  31-26  victim, or close relative of a deceased victim is entitled to the
  31-27  following rights within the juvenile justice system:
  31-28              (1)  the right to receive from law enforcement agencies
  31-29  adequate protection from harm and threats of harm arising from
  31-30  cooperation with prosecution efforts;
  31-31              (2)  the right to have the court or person appointed by
  31-32  the court take the safety of the victim or the victim's family into
  31-33  consideration as an element in determining whether the child should
  31-34  be detained before the child's conduct is adjudicated;
  31-35              (3)  the right, if requested, to be informed of
  31-36  relevant court proceedings, including appellate proceedings, and to
  31-37  be informed in a timely manner if those court proceedings have been
  31-38  canceled or rescheduled;
  31-39              (4)  the right to be informed, when requested, by the
  31-40  court or a person appointed by the court concerning the procedures
  31-41  in the juvenile justice system, including general procedures
  31-42  relating to:
  31-43                    (A)  the preliminary investigation and deferred
  31-44  prosecution <informal adjustment> of a case; and
  31-45                    (B)  the appeal of the case;
  31-46              (5)  the right to provide pertinent information to a
  31-47  juvenile court conducting a disposition hearing concerning the
  31-48  impact of the offense on the victim and the victim's family by
  31-49  testimony, written statement, or any other manner before the court
  31-50  renders its disposition;
  31-51              (6)  the right to receive information regarding
  31-52  compensation to victims as provided by Subchapter B, Chapter 56,
  31-53  Code of Criminal Procedure <the Crime Victims Compensation Act
  31-54  (Article 8309-1, Vernon's Texas Civil Statutes)>, including
  31-55  information related to the costs that may be compensated under that
  31-56  Act and the amount of compensation, eligibility for compensation,
  31-57  and procedures for application for compensation under that Act, the
  31-58  payment of medical expenses under Section 56.06, Code of Criminal
  31-59  Procedure <Section 1, Chapter 299, Acts of the 63rd Legislature,
  31-60  Regular Session, 1973 (Article 4447m, Vernon's Texas Civil
  31-61  Statutes)>, for a victim of a sexual assault, and when requested,
  31-62  to referral to available social service agencies that may offer
  31-63  additional assistance;
  31-64              (7)  the right to be informed, upon request, of
  31-65  procedures for release under supervision or transfer of the person
  31-66  to the custody of the pardons and paroles division of the Texas
  31-67  Department of Criminal Justice for parole, to participate in the
  31-68  release or transfer for parole process, to be notified, if
  31-69  requested, of release or transfer for parole proceedings concerning
  31-70  the person <child>, to provide to the Texas Youth Commission for
   32-1  inclusion in the person's <child's> file information to be
   32-2  considered by the commission before the release under supervision
   32-3  or transfer for parole of the person <child>, and to be notified,
   32-4  if requested, of the person's <child's> release or transfer for
   32-5  parole;
   32-6              (8)  the right to be provided with a waiting area,
   32-7  separate or secure from other witnesses, including the child
   32-8  alleged to have committed the conduct and relatives of the child,
   32-9  before testifying in any proceeding concerning the child, or, if a
  32-10  separate waiting area is not available, other safeguards should be
  32-11  taken to minimize the victim's contact with the child and the
  32-12  child's relatives and witnesses, before and during court
  32-13  proceedings;
  32-14              (9)  the right to prompt return of any property of the
  32-15  victim that is held by a law enforcement agency or the attorney for
  32-16  the state as evidence when the property is no longer required for
  32-17  that purpose;
  32-18              (10)  the right to have the attorney for the state
  32-19  notify the employer of the victim, if requested, of the necessity
  32-20  of the victim's cooperation and testimony in a proceeding that may
  32-21  necessitate the absence of the victim from work for good cause;
  32-22  <and>
  32-23              (11)  the right to be present at all public court
  32-24  proceedings related to the conduct of the child as provided by
  32-25  Section 54.08, subject to that section; and
  32-26              (12)  any other right appropriate to the victim that a
  32-27  victim of criminal conduct has under Article 56.02, Code of
  32-28  Criminal Procedure <the approval of the court>.
  32-29        SECTION 51.  Chapter 57, Family Code, is amended by adding
  32-30  Section 57.008 to read as follows:
  32-31        Sec. 57.008.  COURT ORDER FOR PROTECTION FROM JUVENILES.  (a)
  32-32  A court may issue an order for protection from juveniles directed
  32-33  against a child to protect a victim of the child's conduct who,
  32-34  because of the victim's participation in the juvenile justice
  32-35  system, risks further harm by the child.
  32-36        (b)  In the order, the court may prohibit the child from
  32-37  doing specified acts or require the child to do specified acts
  32-38  necessary or appropriate to prevent or reduce the likelihood of
  32-39  further harm to the victim by the child.
  32-40        SECTION 52.  Title 3, Family Code, is amended by adding
  32-41  Chapters 58 and 59 to read as follows:
  32-42               CHAPTER 58.  RECORDS; CENTRAL DEPOSITORY
  32-43                        SUBCHAPTER A.  RECORDS
  32-44        Sec. 58.001.  COLLECTION OF RECORDS OF CHILDREN.  (a)  Law
  32-45  enforcement officers and other juvenile justice personnel shall
  32-46  collect information described by Section 58.104 as a part of the
  32-47  central depository created under Subchapter B.
  32-48        (b)  The information is available as provided by Subchapter
  32-49  B.
  32-50        Sec. 58.002.  PHOTOGRAPHS AND FINGERPRINTS OF CHILDREN.
  32-51  Except as provided by Chapter 79, Human Resources Code, a child may
  32-52  not be photographed or fingerprinted without the consent of the
  32-53  juvenile court unless the child is taken into custody for conduct
  32-54  that constitutes a felony or a misdemeanor punishable by
  32-55  confinement in jail.
  32-56        Sec. 58.003.  INVESTIGATION.  (a)  If a latent fingerprint is
  32-57  found during the investigation of conduct that may violate a penal
  32-58  law, and a law enforcement officer reasonably believes that the
  32-59  print is of a particular child, if otherwise authorized by law, the
  32-60  officer may fingerprint the child without regard to the age of the
  32-61  child or the nature of the conduct for the purpose of an immediate
  32-62  comparison with the latent fingerprint.  If the comparison is
  32-63  negative, the fingerprint card and other copies of the fingerprints
  32-64  taken shall be destroyed immediately.  If the comparison is
  32-65  positive, the fingerprint card and other copies of the fingerprints
  32-66  taken shall be delivered to the court for disposition.
  32-67        (b)  If, during the investigation of conduct that may violate
  32-68  a penal law, a law enforcement officer reasonably believes that a
  32-69  photograph of a child taken into custody or detained as permitted
  32-70  under this title will assist in the identification of the person
   33-1  engaging in the conduct, and if not otherwise prohibited by law,
   33-2  the officer may, without regard to the age of the child or the
   33-3  nature of the conduct, photograph the face of the child.  If the
   33-4  child is not identified as a possible offender, the photograph and
   33-5  its negative shall be destroyed immediately.  If the child is
   33-6  identified through the photograph, the photograph and its negative
   33-7  shall be delivered to the juvenile court for disposition.
   33-8        (c)  When destruction of a fingerprint or photograph is
   33-9  required under this section, the agency with custody of the
  33-10  fingerprint or photograph shall proceed with destruction without
  33-11  judicial order.  If the fingerprint or photograph is not destroyed,
  33-12  the juvenile court, on its own motion or on application by the
  33-13  person fingerprinted or photographed, shall order the destruction
  33-14  as required by this section.
  33-15        Sec. 58.004.  COMPILATION OF INFORMATION PERTAINING TO
  33-16  CRIMINAL COMBINATION.  (a)  A local criminal justice agency may
  33-17  compile information into a local system for the purpose of
  33-18  investigating or prosecuting the criminal activities of a
  33-19  combination.
  33-20        (b)  Notwithstanding any provision of this chapter, criminal
  33-21  information relating to a child associated with a combination may
  33-22  be locally compiled and released under this section regardless of
  33-23  the age of the child.
  33-24        (c)  The information may be compiled on paper, by
  33-25  photographs, by computer, or in any other useful manner.
  33-26        (d)  In this section:
  33-27              (1)  "Combination" has the meaning assigned by Section
  33-28  71.01, Penal Code.
  33-29              (2)  "Local criminal justice agency" means a municipal
  33-30  or county agency, or school district law enforcement agency, that
  33-31  is engaged in the administration of criminal justice under a
  33-32  statute or executive order and that allocates a substantial portion
  33-33  of its annual budget to the administration of criminal justice.
  33-34        Sec. 58.005.  SEALING OF RECORDS.  (a)  Except as provided by
  33-35  Subsections (b) and (c), on the application of a person who has
  33-36  been found to have engaged in delinquent conduct or conduct
  33-37  indicating a need for supervision, or a person taken into custody
  33-38  to determine whether the person engaged in delinquent conduct or
  33-39  conduct indicating a need for supervision, on the juvenile court's
  33-40  own motion or on receipt of a certification from the Department of
  33-41  Public Safety that the records of a person are eligible for sealing
  33-42  under this section, the court, after hearing, shall order the
  33-43  sealing of the records in the case if the court finds that:
  33-44              (1)  two years have elapsed since final discharge of
  33-45  the person or since the last official action in the person's case
  33-46  if there was no adjudication; and
  33-47              (2)  since the time specified in Subdivision (1), the
  33-48  person has not been convicted of a felony or a misdemeanor
  33-49  involving moral turpitude or found to have engaged in delinquent
  33-50  conduct or conduct indicating a need for supervision and no
  33-51  proceeding is pending seeking conviction or adjudication.
  33-52        (b)  Subject to Subsection (c), a court may order the sealing
  33-53  of records concerning a person adjudicated as having engaged in
  33-54  delinquent conduct that violated a penal law of the grade of felony
  33-55  only if:
  33-56              (1)  the person is 23 years of age or older and at
  33-57  least five years have elapsed since the final discharge of the
  33-58  person or the last official action on the person's case;
  33-59              (2)  the person was not transferred by a juvenile court
  33-60  under Section 54.02 to a criminal court for prosecution;
  33-61              (3)  the records have not been used as evidence in the
  33-62  punishment phase of a criminal proceeding under Section 3(a),
  33-63  Article 37.07, Code of Criminal Procedure; and
  33-64              (4)  the person has not been convicted of a penal law
  33-65  of the grade of felony after becoming age 17.
  33-66        (c)  A court may not order the sealing of the records of a
  33-67  person who has received a determinate sentence for engaging in
  33-68  conduct that violated a penal law listed in Section 53.045 or
  33-69  engaging in habitual felony conduct as described by Section 51.031.
  33-70        (d)  Reasonable notice of the hearing shall be given to:
   34-1              (1)  the person who made the application or who is the
   34-2  subject of the records named in the motion;
   34-3              (2)  the prosecuting attorney for the juvenile court;
   34-4              (3)  the authority granting the discharge if the final
   34-5  discharge was from an institution or from parole;
   34-6              (4)  the public or private agency or institution having
   34-7  custody of records named in the application or motion; and
   34-8              (5)  the law enforcement agency having custody of files
   34-9  or records named in the application or motion.
  34-10        (e)  The court shall send a copy of the sealing order to each
  34-11  agency or official named in the order.
  34-12        (f)  On entry of the order:
  34-13              (1)  all law enforcement, prosecuting attorney, clerk
  34-14  of court, and juvenile court records ordered sealed shall be sent
  34-15  to the court issuing the order;
  34-16              (2)  all records of a public or private agency or
  34-17  institution ordered sealed shall be sent to the court issuing the
  34-18  order;
  34-19              (3)  the juvenile court, clerk of court, prosecuting
  34-20  attorney, public or private agency or institution, and law
  34-21  enforcement officers and agencies shall properly reply that no
  34-22  record exists with respect to the person on inquiry in any matter;
  34-23  and
  34-24              (4)  the adjudication shall be vacated and the
  34-25  proceeding dismissed and treated for all purposes other than a
  34-26  subsequent capital prosecution, including the purpose of showing a
  34-27  prior finding of delinquent conduct, as if it had never occurred.
  34-28        (g)  Inspection of the sealed records may be permitted by an
  34-29  order of the juvenile court on the petition of the person who is
  34-30  the subject of the records and only by those persons named in the
  34-31  order.
  34-32        (h)  On the final discharge of a child or on the last
  34-33  official action in the case if there is no adjudication, the court
  34-34  shall give the child a written explanation of the child's rights
  34-35  under this section and a copy of the provisions of this section.
  34-36        (i)  A person whose records have been sealed under this
  34-37  section is not required in any proceeding or in any application for
  34-38  employment, information, or licensing to state that the person has
  34-39  been the subject of a proceeding under this title and any statement
  34-40  that the person has never been found to be a delinquent child shall
  34-41  never be held against the person in any criminal or civil
  34-42  proceeding.
  34-43        (j)  A prosecuting attorney may, on application to the
  34-44  juvenile court, reopen at any time the files and records of a
  34-45  person adjudicated as having engaged in delinquent conduct that
  34-46  violated a penal law of the grade of felony sealed by the court
  34-47  under this section for the purposes of Sections 12.42(a)-(c) and
  34-48  (e), Penal Code.
  34-49        (k)  On the motion of a person in whose name records are kept
  34-50  or on the court's own motion, the court may order the destruction
  34-51  of records of a person that have been sealed under this section if:
  34-52              (1)  the records relate to conduct that did not violate
  34-53  a penal law of the grade of felony;
  34-54              (2)  the person is 23 years of age or older; and
  34-55              (3)  the person has not been convicted of a felony.
  34-56        Sec. 58.006.  CONFIDENTIALITY OF RECORDS.  (a)  Information
  34-57  obtained for the purpose of diagnosis, examination, evaluation, or
  34-58  treatment or for making a referral for treatment of a child by a
  34-59  public or private agency or institution providing supervision of a
  34-60  child by arrangement of the juvenile court or having custody of the
  34-61  child under order of the juvenile court may be disclosed only to:
  34-62              (1)  the professional staff or consultants of the
  34-63  agency or institution;
  34-64              (2)  the judge, prosecutor, probation officers, or
  34-65  professional staff or consultants of the juvenile court;
  34-66              (3)  an attorney for the child;
  34-67              (4)  a governmental agency if the disclosure is
  34-68  required or authorized by law; or
  34-69              (5)  a person or entity to whom the child is referred
  34-70  for treatment or services if the agency or institution disclosing
   35-1  the information has entered into a written confidentiality
   35-2  agreement with the person or entity regarding the protection of the
   35-3  disclosed information.
   35-4        (b)  This section does not apply to information collected
   35-5  under Section 58.104.
   35-6        Sec. 58.007.  PHYSICAL RECORDS OR FILES.  (a)  This section
   35-7  applies only to the inspection and maintenance of a physical record
   35-8  or file concerning a child and does not affect the collection,
   35-9  dissemination, or maintenance of information as provided by
  35-10  Subchapter B.  This section does not apply to a record or file
  35-11  relating to a child that is required or authorized to be maintained
  35-12  under the laws regulating the operation of motor vehicles in this
  35-13  state.
  35-14        (b)  Except as provided by Article 15.27, Code of Criminal
  35-15  Procedure, the records and files of a juvenile court, a clerk of
  35-16  court, or a prosecuting attorney relating to a child who is a party
  35-17  to a proceeding under this title are open to inspection only by:
  35-18              (1)  the judge, probation officers, and professional
  35-19  staff or consultants of the juvenile court;
  35-20              (2)  a juvenile justice agency as that term is defined
  35-21  by Section 58.101;
  35-22              (3)  an attorney for a party to the proceeding;
  35-23              (4)  a public or private agency or institution
  35-24  providing supervision of the child by arrangement of the juvenile
  35-25  court, or having custody of the child under juvenile court order;
  35-26  or
  35-27              (5)  with leave of the juvenile court, any other
  35-28  person, agency, or institution having a legitimate interest in the
  35-29  proceeding or in the work of the court.
  35-30        (c)  Except as provided by Subsection (d), law enforcement
  35-31  records and files concerning a child shall:
  35-32              (1)  be kept separate from adult files and records; and
  35-33              (2)  be maintained on a local basis only and not sent
  35-34  to a central state or federal depository.
  35-35        (d)  The law enforcement files and records of a person who is
  35-36  transferred from the Texas Youth Commission to the institutional
  35-37  division or the pardons and paroles division of the Texas
  35-38  Department of Criminal Justice may be transferred to a central
  35-39  state or federal depository for adult records on or after the date
  35-40  of transfer.
  35-41        (e)  Law enforcement records and files concerning a child may
  35-42  be inspected by a juvenile justice agency as that term is defined
  35-43  by Section 58.101.
  35-44        (f)  If a child has been reported missing by a parent,
  35-45  guardian, or conservator of that child, information about the child
  35-46  may be forwarded to and disseminated by the Texas Crime Information
  35-47  Center and the National Crime Information Center.
  35-48            (Sections 58.008-58.100 reserved for expansion
  35-49          SUBCHAPTER B.  JUVENILE JUSTICE INFORMATION SYSTEM
  35-50        Sec. 58.101.  DEFINITIONS.  In this subchapter:
  35-51              (1)  "Criminal justice agency" has the meaning assigned
  35-52  by Section 411.082, Government Code.
  35-53              (2)  "Department" means the Department of Public Safety
  35-54  of the State of Texas.
  35-55              (3)  "Disposition" means an action that results in the
  35-56  termination, transfer of jurisdiction, or indeterminate suspension
  35-57  of the prosecution of a juvenile offender.
  35-58              (4)  "Incident number" means a unique number assigned
  35-59  to a child during a specific custodial or detention period or for a
  35-60  specific referral to the office or official designated by the
  35-61  juvenile court, if the juvenile offender was not taken into custody
  35-62  before the referral.
  35-63              (5)  "Juvenile justice agency" means an agency that has
  35-64  custody or control over juvenile offenders.
  35-65              (6)  "Juvenile offender" means a child who has been
  35-66  assigned an incident number.
  35-67              (7)  "State identification number" means a unique
  35-68  number assigned by the department to a child in the juvenile
  35-69  justice information system.
  35-70              (8)  "Uniform incident fingerprint card" means a
   36-1  multiple part form containing a unique incident number with space
   36-2  for information relating to the conduct for which a child has been
   36-3  taken into custody, detained, or referred, the child's
   36-4  fingerprints, and other relevant information.
   36-5        Sec. 58.102.  JUVENILE JUSTICE INFORMATION SYSTEM.  (a)  The
   36-6  department is responsible for recording data and maintaining a
   36-7  database for a computerized juvenile justice information system
   36-8  that serves:
   36-9              (1)  as the record creation point for the juvenile
  36-10  justice information system maintained by the state; and
  36-11              (2)  as the control terminal for entry of records, in
  36-12  accordance with federal law, rule, and policy, into the federal
  36-13  records system maintained by the Federal Bureau of Investigation.
  36-14        (b)  The department shall develop and maintain the system
  36-15  with the cooperation and advice of the:
  36-16              (1)  Texas Youth Commission;
  36-17              (2)  Texas Juvenile Probation Commission;
  36-18              (3)  Criminal Justice Policy Council; and
  36-19              (4)  juvenile courts and clerks of juvenile courts.
  36-20        (c)  The department may not collect or retain information
  36-21  relating to a juvenile if this chapter prohibits or restricts the
  36-22  collection or retention of the information.
  36-23        (d)  The database must contain the information required by
  36-24  this subchapter.
  36-25        (e)  The department shall designate the offense codes and has
  36-26  the sole responsibility for designating the state identification
  36-27  number for each juvenile whose name appears in the juvenile justice
  36-28  system.
  36-29        Sec. 58.103.  PURPOSE OF SYSTEM.  The purpose of the juvenile
  36-30  justice information system is to:
  36-31              (1)  provide agencies and personnel within the juvenile
  36-32  justice system accurate information relating to children who come
  36-33  into contact with the juvenile justice system of this state;
  36-34              (2)  provide, where allowed by law, adult criminal
  36-35  justice agencies accurate and easily accessible information
  36-36  relating to children who come into contact with the juvenile
  36-37  justice system;
  36-38              (3)  provide an efficient conversion, where
  36-39  appropriate, of juvenile records to adult criminal records;
  36-40              (4)  improve the quality of data used to conduct impact
  36-41  analyses of proposed legislative changes in the juvenile justice
  36-42  system; and
  36-43              (5)  improve the ability of interested parties to
  36-44  analyze the functioning of the juvenile justice system.
  36-45        Sec. 58.104.  TYPES OF INFORMATION COLLECTED.  (a)  The
  36-46  juvenile justice information system shall consist of information
  36-47  relating to delinquent conduct committed by a juvenile offender
  36-48  that, if the conduct had been committed by an adult, would
  36-49  constitute a criminal offense other than an offense punishable by a
  36-50  fine only, including information relating to:
  36-51              (1)  the juvenile offender;
  36-52              (2)  the intake or referral of the juvenile offender
  36-53  into the juvenile justice system;
  36-54              (3)  the detention of the juvenile offender;
  36-55              (4)  the prosecution of the juvenile offender;
  36-56              (5)  the disposition of the juvenile offender's case,
  36-57  including the name and description of any program to which the
  36-58  juvenile offender is referred; and
  36-59              (6)  the probation or commitment of the juvenile
  36-60  offender.
  36-61        (b)  To the extent possible and subject to Subsection (a),
  36-62  the department shall include in the juvenile justice information
  36-63  system the following information for each juvenile offender taken
  36-64  into custody, detained, or referred under this title for delinquent
  36-65  conduct:
  36-66              (1)  the juvenile offender's name, including other
  36-67  names by which the juvenile offender is known;
  36-68              (2)  the juvenile offender's date and place of birth;
  36-69              (3)  the juvenile offender's physical description,
  36-70  including sex, weight, height, race, ethnicity, eye color, hair
   37-1  color, scars, marks, and tattoos;
   37-2              (4)  the juvenile offender's state identification
   37-3  number, and other identifying information, as determined by the
   37-4  department;
   37-5              (5)  the juvenile offender's fingerprints;
   37-6              (6)  the juvenile offender's last known residential
   37-7  address, including the census tract number designation for the
   37-8  address;
   37-9              (7)  the name and identifying number of the agency that
  37-10  took into custody or detained the juvenile offender;
  37-11              (8)  the date of detention or custody;
  37-12              (9)  the conduct for which the juvenile offender was
  37-13  taken into custody, detained, or referred, including level and
  37-14  degree of the alleged offense;
  37-15              (10)  the name and identifying number of the juvenile
  37-16  intake agency or juvenile probation office;
  37-17              (11)  each disposition by the juvenile intake agency or
  37-18  juvenile probation office;
  37-19              (12)  the date of disposition by the juvenile intake
  37-20  agency or juvenile probation office;
  37-21              (13)  the name and identifying number of the
  37-22  prosecutor's office;
  37-23              (14)  each disposition by the prosecutor;
  37-24              (15)  the date of disposition by the prosecutor;
  37-25              (16)  the name and identifying number of the court;
  37-26              (17)  each disposition by the court, including
  37-27  information concerning custody of a juvenile offender by a juvenile
  37-28  justice agency or probation;
  37-29              (18)  the date of disposition by the court;
  37-30              (19)  any commitment or release under supervision by
  37-31  the Texas Youth Commission;
  37-32              (20)  the date of any commitment or release under
  37-33  supervision by the Texas Youth Commission; and
  37-34              (21)  a description of each appellate proceeding.
  37-35        (c)  The department may designate codes relating to the
  37-36  information described by Subsection (b).
  37-37        (d)  The department shall designate a state identification
  37-38  number for each juvenile offender.
  37-39        (e)  This subchapter does not apply to a disposition that
  37-40  represents an administrative status notice of an agency described
  37-41  by Section 58.102(b).
  37-42        (f)  Records maintained by the department in the depository
  37-43  are subject to being sealed under Section 58.005.  The department
  37-44  shall maintain an index that identifies persons, using fingerprints
  37-45  and the information described by Subsections (b)(1)-(5), whose
  37-46  records have been sealed under Section 58.005 and the court that
  37-47  has custody of those records.
  37-48        Sec. 58.105.  DUTIES OF JUVENILE BOARD.  Each juvenile board
  37-49  shall provide for:
  37-50              (1)  the compilation and maintenance of records and
  37-51  information needed for reporting information to the department
  37-52  under this subchapter;
  37-53              (2)  the transmittal to the department, in the manner
  37-54  provided by the department, of all records and information required
  37-55  by the department under this subchapter; and
  37-56              (3)  access by the department to inspect records and
  37-57  information to determine the completeness and accuracy of
  37-58  information reported.
  37-59        Sec. 58.106.  CONFIDENTIALITY.  (a)  Except as provided by
  37-60  Subsection (b), information contained in the juvenile justice
  37-61  information system is confidential information for the use of the
  37-62  department and may not be disseminated by the department except:
  37-63              (1)  with the permission of the juvenile offender, to
  37-64  military personnel of this state or the United States;
  37-65              (2)  to a person or entity to which the department may
  37-66  grant access to adult criminal history records as provided by
  37-67  Section 411.083, Government Code; and
  37-68              (3)  to the Criminal Justice Policy Council for
  37-69  analytical purposes.
  37-70        (b)  Subsection (a) does not apply to a document maintained
   38-1  by a juvenile justice agency that is the source of information
   38-2  collected by the department.
   38-3        Sec. 58.107.  COMPATIBILITY OF DATA.  (a)  Data supplied to
   38-4  the juvenile justice information system must be compatible with the
   38-5  system and must contain both incident numbers and state
   38-6  identification numbers.
   38-7        (b)  Information submitted under this chapter must contain
   38-8  the juvenile offender's name.
   38-9        Sec. 58.108.  DUTIES OF AGENCIES AND COURTS.  (a)  A juvenile
  38-10  justice agency and a clerk of a juvenile court shall:
  38-11              (1)  compile and maintain records needed for reporting
  38-12  data required by the department;
  38-13              (2)  transmit to the department in the manner provided
  38-14  by the department data required by the department;
  38-15              (3)  give the department or its accredited agents
  38-16  access to the agency or court for the purpose of inspection to
  38-17  determine the completeness and accuracy of data reported; and
  38-18              (4)  cooperate with the department to enable the
  38-19  department to perform its duties under this chapter.
  38-20        (b)  A juvenile justice agency and clerk of a court shall
  38-21  retain documents described by this section.
  38-22        (c)  An official of an agency or a court may not
  38-23  intentionally conceal or destroy any record with intent to violate
  38-24  this section.
  38-25        Sec. 58.109.  UNIFORM INCIDENT FINGERPRINT CARD.  (a)  The
  38-26  department may provide for the use of a uniform incident
  38-27  fingerprint card in the maintenance of the juvenile justice
  38-28  information system.
  38-29        (b)  The department shall design, print, and distribute to
  38-30  each law enforcement agency and juvenile intake agency uniform
  38-31  incident fingerprint cards.
  38-32        (c)  The incident cards must:
  38-33              (1)  be serially numbered with an incident number in a
  38-34  manner that allows each incident of custody, detention, or referral
  38-35  of a juvenile offender who is the subject of the incident
  38-36  fingerprint card to be readily ascertained; and
  38-37              (2)  be multiple part forms that can be transmitted
  38-38  with the juvenile offender through the juvenile justice process and
  38-39  that allows each agency to report required data to the department.
  38-40        (d)  Subject to available telecommunications capacity, the
  38-41  department shall develop the capability to receive by electronic
  38-42  means from a law enforcement agency the information on the uniform
  38-43  incident fingerprint card.  The information must be in a form that
  38-44  is compatible to the form required of data supplied to the juvenile
  38-45  justice information system.
  38-46        Sec. 58.110.  REPORTING.  (a)  The department by rule shall
  38-47  develop reporting procedures that ensure that the juvenile offender
  38-48  processing data is reported from the time a juvenile offender is
  38-49  initially taken into custody, detained, or referred until the time
  38-50  a juvenile offender is released from the jurisdiction of the
  38-51  juvenile justice system.
  38-52        (b)  The law enforcement agency or the juvenile intake agency
  38-53  that initiates the entry of the juvenile offender into the juvenile
  38-54  justice information system for a specific incident shall prepare a
  38-55  uniform incident fingerprint card and initiate the reporting
  38-56  process for each incident reportable under this subchapter.
  38-57        (c)  The clerk of the court exercising jurisdiction over a
  38-58  juvenile offender's case shall report the disposition of the case
  38-59  to the department.
  38-60        (d)  In each county, the reporting agencies may make
  38-61  alternative arrangements for reporting the required information,
  38-62  including combined reporting or electronic reporting, if the
  38-63  alternative reporting is approved by the juvenile board and the
  38-64  department.
  38-65        (e)  Except as otherwise required by applicable state laws or
  38-66  regulations, information required by this chapter to be reported to
  38-67  the department shall be reported promptly.  The information shall
  38-68  be reported not later than the 30th day after the date the
  38-69  information is received by the agency responsible for reporting the
  38-70  information, except that a juvenile offender's custody, detention,
   39-1  or referral without previous custody shall be reported to the
   39-2  department not later than the seventh day after the date of the
   39-3  custody, detention, or referral.
   39-4        Sec. 58.111.  LOCAL DATA ADVISORY BOARDS.  The commissioners
   39-5  court of each county may create a local data advisory board to
   39-6  perform the same duties relating to the juvenile justice
   39-7  information system as the duties performed by a local data advisory
   39-8  board in relation to the criminal history record system under
   39-9  Article 60.09, Code of Criminal Procedure.
  39-10        Sec. 58.112.  WARRANTS.  The department shall maintain in a
  39-11  computerized database that is accessible by the same entities that
  39-12  may access the juvenile justice information system information
  39-13  relating to a warrant of arrest, as that term is defined by Article
  39-14  15.01, Code of Criminal Procedure, or a directive to apprehend
  39-15  under Section 52.015 for any child, without regard to whether the
  39-16  child has been taken into custody.
  39-17             CHAPTER 59.  PROGRESSIVE SANCTIONS GUIDELINES
  39-18        Sec. 59.01.  PURPOSES.  The purposes of the progressive
  39-19  sanctions guidelines are to:
  39-20              (1)  ensure that juvenile offenders face uniform and
  39-21  consistent consequences and punishments that correspond to the
  39-22  seriousness of each offender's current offense, prior delinquent
  39-23  history, special treatment or training needs, and effectiveness of
  39-24  prior interventions;
  39-25              (2)  balance public protection and rehabilitation while
  39-26  holding juvenile offenders accountable;
  39-27              (3)  permit flexibility in the decisions made in
  39-28  relation to the juvenile offender to the extent allowed by law;
  39-29              (4)  consider the juvenile offender's circumstances;
  39-30  and
  39-31              (5)  improve juvenile justice planning and resource
  39-32  allocation by ensuring uniform and consistent reporting of
  39-33  disposition decisions at all levels.
  39-34        Sec. 59.02.  SANCTION LEVEL ONE.  (a)  For a child at
  39-35  sanction level one, the juvenile court or probation department may:
  39-36              (1)  require counseling for the child regarding the
  39-37  child's conduct;
  39-38              (2)  inform the child of the progressive sanctions that
  39-39  may be imposed on the child if the child continues to engage in
  39-40  delinquent conduct or conduct indicating a need for supervision;
  39-41              (3)  inform the child's parents or guardians of the
  39-42  parents' or guardians' responsibility to impose reasonable
  39-43  restrictions on the child to prevent the conduct from recurring;
  39-44              (4)  provide information or other assistance to the
  39-45  child or the child's parents or guardians in securing needed social
  39-46  services;
  39-47              (5)  require the child or the child's parents or
  39-48  guardians to participate in a program for services under Section
  39-49  264.302;
  39-50              (6)  refer the child to a community-based citizen
  39-51  intervention program approved by the juvenile court; and
  39-52              (7)  release the child to the child's parents or
  39-53  guardians.
  39-54        (b)  The probation department shall discharge the child from
  39-55  the custody of the probation department after the provisions of
  39-56  this section are met.
  39-57        Sec. 59.03.  SANCTION LEVEL TWO.  (a)  For a child at
  39-58  sanction level two, the juvenile court or the probation department
  39-59  may:
  39-60              (1)  place the child on court-ordered or informal
  39-61  probation for not less than three months or more than six months;
  39-62              (2)  require the child to make restitution to the
  39-63  victim of the child's conduct or perform community service
  39-64  restitution appropriate to the nature and degree of harm caused;
  39-65              (3)  require the child's parents or guardians to
  39-66  identify restrictions the parents or guardians will impose on the
  39-67  child's activities and requirements the parents or guardians will
  39-68  set for the child's behavior;
  39-69              (4)  provide the information required under Sections
  39-70  59.02(2) and (4);
   40-1              (5)  require the child or the child's parents or
   40-2  guardians to participate in a program for services under Section
   40-3  264.302;
   40-4              (6)  refer the child to a community-based citizen
   40-5  intervention program approved by the juvenile court; and
   40-6              (7)  if appropriate, impose additional conditions of
   40-7  probation.
   40-8        (b)  The juvenile court or the probation department shall
   40-9  discharge the child from the custody of the probation department on
  40-10  the date the provisions of this section are met or on the child's
  40-11  18th birthday, whichever is earlier.
  40-12        Sec. 59.04.  SANCTION LEVEL THREE.  (a)  For a child at
  40-13  sanction level three, the juvenile court may:
  40-14              (1)  place the child on probation for not less than six
  40-15  months;
  40-16              (2)  require the child to make restitution to the
  40-17  victim of the child's conduct or perform community service
  40-18  restitution appropriate to the nature and degree of harm caused;
  40-19              (3)  impose specific restrictions on the child's
  40-20  activities and requirements for the child's behavior as conditions
  40-21  of probation;
  40-22              (4)  require a probation officer to closely monitor the
  40-23  child's activities and behavior;
  40-24              (5)  require the child or the child's parents or
  40-25  guardians to participate in programs or services designated by the
  40-26  court or probation officer; and
  40-27              (6)  if appropriate, impose additional conditions of
  40-28  probation.
  40-29        (b)  The juvenile court shall discharge the child from the
  40-30  custody of the probation department on the date the provisions of
  40-31  this section are met or on the child's 18th birthday, whichever is
  40-32  earlier.
  40-33        Sec. 59.05.  SANCTION LEVEL FOUR.  (a)  For a child at
  40-34  sanction level four, the juvenile court may:
  40-35              (1)  require the child to participate for not less than
  40-36  three months in a highly intensive and regimented program that
  40-37  emphasizes education, discipline, physical fitness, social
  40-38  responsibility, and productive work;
  40-39              (2)  place the child on probation, after the release
  40-40  from the program described by Subdivision (1), for not less than
  40-41  six months or more than 12 months;
  40-42              (3)  impose highly structured restrictions on the
  40-43  child's activities and requirements for behavior of the child as
  40-44  conditions of probation;
  40-45              (4)  require a probation officer to closely monitor the
  40-46  child;
  40-47              (5)  require the child or the child's parents or
  40-48  guardians to participate in programs or services designed to
  40-49  address their particular needs and circumstances; and
  40-50              (6)  if appropriate, impose additional sanctions.
  40-51        (b)  The juvenile court shall discharge the child from the
  40-52  custody of the probation department on the date the provisions of
  40-53  this section are met or on the child's 18th birthday, whichever is
  40-54  earlier.
  40-55        Sec. 59.06.  SANCTION LEVEL FIVE.  (a)  For a child at
  40-56  sanction level five, the juvenile court may:
  40-57              (1)  require the child to participate for not less than
  40-58  six months or more than 12 months in a highly structured
  40-59  residential program that emphasizes education, discipline,
  40-60  accountability, physical fitness, and productive work;
  40-61              (2)  after participation in the program described by
  40-62  Subdivision (1), place the child on probation for not less than six
  40-63  months or more than 12 months;
  40-64              (3)  impose highly structured restrictions on the
  40-65  child's activities and requirements for behavior of the child as
  40-66  conditions of probation;
  40-67              (4)  require a probation officer to closely monitor the
  40-68  child;
  40-69              (5)  require the child or the child's parents or
  40-70  guardians to participate in programs or services designed to
   41-1  address their particular needs and circumstances; and
   41-2              (6)  if appropriate, impose additional sanctions.
   41-3        (b)  The juvenile court shall discharge the child from the
   41-4  custody of the probation department on the date the provisions of
   41-5  this section are met or on the child's 18th birthday, whichever is
   41-6  earlier.
   41-7        Sec. 59.07.  SANCTION LEVEL SIX.  (a)  For a child at
   41-8  sanction level six, the juvenile court may:
   41-9              (1)  commit the child to the custody of the Texas Youth
  41-10  Commission under an indeterminate sentence for placement in a
  41-11  secure institution with a transfer of the child to a highly
  41-12  structured residential program for a total of not less than six
  41-13  months or more than 36 months;
  41-14              (2)  require the child or the child's parents or
  41-15  guardians to participate in programs and services for their
  41-16  particular needs and circumstances; and
  41-17              (3)  if appropriate, impose additional sanctions.
  41-18        (b)  On release of the child on parole, the Texas Youth
  41-19  Commission shall:
  41-20              (1)  impose highly structured restrictions on the
  41-21  child's activities and requirements for behavior of the child as
  41-22  conditions of release on parole;
  41-23              (2)  require a parole officer to closely monitor the
  41-24  child for not less than 12 months; and
  41-25              (3)  if appropriate, impose any other conditions of
  41-26  parole.
  41-27        (c)  The Texas Youth Commission may discharge the child from
  41-28  the commission's custody on the date the provisions of this section
  41-29  are met or on the child's 19th birthday, whichever is earlier.
  41-30        Sec. 59.08.  SANCTION LEVEL ASSIGNMENT.  (a)  After a child's
  41-31  first act of delinquent conduct or conduct indicating a need for
  41-32  supervision, the juvenile court or the probation department may
  41-33  assign a child one of the following sanction levels according to
  41-34  the child's conduct:
  41-35              (1)  for conduct indicating a need for supervision,
  41-36  other than a Class A or B misdemeanor, the sanction level is one;
  41-37              (2)  for a Class A or B misdemeanor, other than a
  41-38  misdemeanor involving the use or possession of a firearm, or for
  41-39  delinquent conduct under Section 51.03(a)(2) or (3), the sanction
  41-40  level is two;
  41-41              (3)  for a misdemeanor involving the use or possession
  41-42  of a firearm or for a state jail felony or a felony of the third
  41-43  degree, the sanction level is three;
  41-44              (4)  for a felony of the second degree, the sanction
  41-45  level is four; or
  41-46              (5)  for a felony of the first degree, the sanction
  41-47  level is five or six.
  41-48        (b)  If the child's subsequent act of delinquent conduct or
  41-49  conduct indicating a need for supervision involves a violation of a
  41-50  penal law of a classification that is the same as or greater than
  41-51  the classification of the child's previous conduct, the juvenile
  41-52  court or probation department shall assign the child a sanction
  41-53  level that is at least one level higher than the previously
  41-54  assigned sanction level, unless the previously assigned sanction
  41-55  level is six.
  41-56        (c)  If the child's previous sanction level is four or five
  41-57  and the child's subsequent act of delinquent conduct is of the
  41-58  grade of felony, the juvenile court shall assign the child a
  41-59  sanction level that is at least one level higher than the
  41-60  previously assigned sanction level.
  41-61        Sec. 59.09.  JUVENILE BOARD.  (a)  A juvenile board may
  41-62  provide programs and services to implement progressive sanctions
  41-63  guidelines for sanction levels one through five.
  41-64        (b)  A juvenile board shall prepare a report to the Texas
  41-65  Juvenile Probation Commission, at least quarterly on forms provided
  41-66  by the commission, indicating the referrals, probation violations,
  41-67  and commitments to the Texas Youth Commission that are handled
  41-68  according to the progressive sanctions guidelines and the reasons
  41-69  for assignments and deviations from the guidelines.
  41-70        Sec. 59.10.  REPORTS BY TEXAS JUVENILE PROBATION COMMISSION,
   42-1  TEXAS YOUTH COMMISSION, AND CRIMINAL JUSTICE POLICY COUNCIL.  (a)
   42-2  The Texas Youth Commission shall prepare a report, at least
   42-3  quarterly, indicating the actions under the progressive sanctions
   42-4  guidelines and the reasons for assignments and deviations from the
   42-5  guidelines.
   42-6        (b)  The Texas Juvenile Probation Commission and the Texas
   42-7  Youth Commission shall compile the information obtained under this
   42-8  section and Section 59.09 and submit a joint report of the findings
   42-9  at least annually to the governor, both houses of the legislature,
  42-10  and the Criminal Justice Policy Council indicating the primary
  42-11  reasons for assignments and deviations and the impact of guideline
  42-12  implementation on recidivism.
  42-13        (c)  The Criminal Justice Policy Council shall analyze the
  42-14  information compiled by the Texas Juvenile Probation Commission and
  42-15  the Texas Youth Commission under this section and submit the
  42-16  council's findings and recommendations at least annually to the
  42-17  governor and both houses of the legislature.
  42-18        SECTION 53.  Subchapter D, Chapter 264, Family Code, as added
  42-19  by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995,
  42-20  is amended to read as follows:
  42-21               SUBCHAPTER D.  SERVICES TO AT-RISK YOUTH
  42-22        Sec. 264.301.  SERVICES FOR <RUNAWAY AND> AT-RISK YOUTH.  (a)
  42-23  The department shall operate a program to provide services for
  42-24  <runaway and other> children in at-risk situations and for the
  42-25  families of those children.
  42-26        (b)  The services under this section may include:
  42-27              (1)  crisis family intervention;
  42-28              (2)  emergency short-term residential care;
  42-29              (3)  family counseling;
  42-30              (4)  parenting skills training; <and>
  42-31              (5)  youth coping skills training;
  42-32              (6)  mentoring; and
  42-33              (7)  advocacy training.
  42-34        Sec. 264.302.  EARLY YOUTH INTERVENTION SERVICES.  (a)  This
  42-35  section applies to a child who:
  42-36              (1)  is seven years of age or older and under 17 years
  42-37  of age; and
  42-38              (2)  has not had the disabilities of minority for
  42-39  general purposes removed under Chapter 31.
  42-40        (b)  The department shall operate a program under this
  42-41  section to provide services for children in at-risk situations and
  42-42  for the families of those children.
  42-43        (c)  The department may not provide services under this
  42-44  section to a child who has at any time been referred to juvenile
  42-45  court for engaging in conduct that violates a penal law of this
  42-46  state of the grade of felony other than a state jail felony.
  42-47        (d)  The department may provide services under this section
  42-48  to a child who engages in conduct for which the child may be found
  42-49  by a court to be an at-risk child, without regard to whether the
  42-50  conduct violates a penal law of this state of the grade of felony
  42-51  other than a state jail felony, if the child was younger than 10
  42-52  years of age at the time the child engaged in the conduct.
  42-53        (e)  The department shall provide services, directly or by
  42-54  contract, for a child and the child's family if the child is
  42-55  referred to the department as an at-risk child by:
  42-56              (1)  a court under Section 264.304;
  42-57              (2)  a juvenile court or probation department as part
  42-58  of a progressive sanctions program under Chapter 59;
  42-59              (3)  a law enforcement officer or agency under Section
  42-60  52.03; or
  42-61              (4)  a justice or municipal court under Section 54.022.
  42-62        (f)  The services under this section may include:
  42-63              (1)  crisis family intervention;
  42-64              (2)  emergency short-term residential care for children
  42-65  10 years of age or older;
  42-66              (3)  family counseling;
  42-67              (4)  parenting skills training;
  42-68              (5)  youth coping skills training;
  42-69              (6)  advocacy training; and
  42-70              (7)  mentoring.
   43-1        Sec. 264.303.  COMMENCEMENT OF CIVIL ACTION FOR DETERMINATION
   43-2  OF AT-RISK CHILDREN.  (a)  The department may file a civil action
   43-3  to request any district court or county court, other than a
   43-4  juvenile court, to determine that a child is an at-risk child.  A
   43-5  person with whom the department contracts to provide services under
   43-6  Section 264.302 may file an action under this section if the
   43-7  department has approved the filing.
   43-8        (b)  Notice of the action must be provided to:
   43-9              (1)  the child;
  43-10              (2)  the parent, managing conservator, or guardian of
  43-11  the child; and
  43-12              (3)  any other member of the child's household who may
  43-13  be affected by an order of the court if the court finds that the
  43-14  child is an at-risk child.
  43-15        (c)  A person served with notice of the action may, but is
  43-16  not required, to file a written answer.  Any answer must be filed
  43-17  before the hearing on the action begins.
  43-18        Sec. 264.304.  HEARING; DETERMINATION OF AT-RISK CHILD.  (a)
  43-19  Unless a later date is requested by the department, the court shall
  43-20  set a date and time for the hearing not later than 30 days after
  43-21  the date the action is filed.
  43-22        (b)  The court is the trier of fact at the hearing.
  43-23        (c)  The court shall determine that the child is an at-risk
  43-24  child if the court finds that the child has engaged in the
  43-25  following conduct:
  43-26              (1)  conduct, other than a traffic offense, that
  43-27  violates:
  43-28                    (A)  the penal laws of this state of the grade of
  43-29  misdemeanor or state jail felony; or
  43-30                    (B)  the penal ordinances of any political
  43-31  subdivision of this state;
  43-32              (2)  the unexcused voluntary absence of the child on 10
  43-33  or more days or parts of days within a six-month period or three or
  43-34  more days or parts of days within a four-week period from school
  43-35  without the consent of the child's parent, managing conservator, or
  43-36  guardian;
  43-37              (3)  the voluntary absence of the child from the
  43-38  child's home without the consent of the child's parent, managing
  43-39  conservator, or guardian for a substantial length of time or
  43-40  without intent to return;
  43-41              (4)  conduct that violates the laws of this state
  43-42  prohibiting driving while intoxicated or under the influence of
  43-43  intoxicating liquor (first or second offense) or driving while
  43-44  under the influence of any narcotic drug or of any other drug to a
  43-45  degree that renders the child incapable of safely driving a vehicle
  43-46  (first or second offense); or
  43-47              (5)  conduct that evidences a clear and substantial
  43-48  intent to engage in any behavior described by Subdivisions (1)-(4).
  43-49        (d)  The court may not determine that a child is an at-risk
  43-50  child if the court finds that the child has engaged in conduct
  43-51  violating the penal laws of this state of the grade of felony other
  43-52  than a state jail felony.
  43-53        Sec. 264.305.  COURT ORDER FOR SERVICES.  (a)  Except as
  43-54  provided by Subsection (b), if the court finds that the child is an
  43-55  at-risk child under Section 264.304, the court may order the child,
  43-56  the child's parent, managing conservator, or guardian or any other
  43-57  member of the child's household to participate in services provided
  43-58  by the department under Section 264.302 and contained in a plan
  43-59  approved by the court.
  43-60        (b)  The court may order an at-risk child to participate in
  43-61  services involving emergency short-term residential care only if
  43-62  the court finds that the child engaged in conduct described by
  43-63  Section 264.304(c)(1), (2), (3), or (4).
  43-64        (c)  An order rendered by a court under this section expires
  43-65  not later than six months after the date the order was rendered.
  43-66        Sec. 264.306.  SANCTIONS.  (a)  A child who violates a court
  43-67  order under Section 264.305 by failing to participate in services
  43-68  provided by the department engages in conduct indicating a need for
  43-69  supervision and the department shall refer the child to an
  43-70  appropriate juvenile authority for proceedings under Title 3 for
   44-1  that conduct.
   44-2        (b)  A parent, managing conservator, guardian, or other
   44-3  member of the child's household who violates a court order under
   44-4  Section 264.305 by failing to participate in services provided by
   44-5  the department is subject to contempt of court.  The court may
   44-6  under its contempt powers impose a community service requirement.
   44-7        SECTION 54.  Subchapter C, Chapter 61, Human Resources Code,
   44-8  is amended by adding Section 61.047 to read as follows:
   44-9        Sec. 61.047.  VIOLENCE PREVENTION AND CONFLICT RESOLUTION
  44-10  EDUCATION.  Subject to an appropriation for the purpose of
  44-11  implementing this section, the commission shall provide education
  44-12  in violence prevention and conflict resolution that includes
  44-13  discussion of domestic violence and child abuse issues to all
  44-14  children in its custody.
  44-15        SECTION 55.  Section 61.077, Human Resources Code, is amended
  44-16  to read as follows:
  44-17        Sec. 61.077.  MENTALLY ILL OR RETARDED CHILD.  (a)  If the
  44-18  commission determines that a child committed to it is mentally ill
  44-19  <or retarded>, the commission, without delay, shall return the
  44-20  child to the court of original jurisdiction for appropriate
  44-21  disposition or shall request that the court in the county where the
  44-22  child is located take any action required by the condition of the
  44-23  child.
  44-24        (b)  The commission shall accept a child committed to the
  44-25  commission who is mentally retarded.
  44-26        SECTION 56.  Subchapter E, Chapter 61, Human Resources Code,
  44-27  is amended by adding Sections 61.0785 and 61.0786 to read as
  44-28  follows:
  44-29        Sec. 61.0785.  EARLY REFERRAL OF VIOLENT OR HABITUAL
  44-30  OFFENDERS FOR TRANSFER.  After a child sentenced to commitment to
  44-31  the commission  with a determinate sentence with possible transfer
  44-32  to the institutional division or the pardons and paroles division
  44-33  of the Texas Department of Criminal Justice under Section
  44-34  54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 16 years
  44-35  of age but before the child becomes 18 years of age, the commission
  44-36  may refer the child to the juvenile court that entered the order of
  44-37  commitment for approval of the child's transfer to the
  44-38  institutional division of the Texas Department of Criminal Justice
  44-39  if:
  44-40              (1)  the child has failed to make sufficient progress
  44-41  toward rehabilitation; or
  44-42              (2)  the child has failed to conform to the
  44-43  commission's requirements.
  44-44        Sec. 61.0786.  REFERRAL OF VIOLENT OR HABITUAL OFFENDER FOR
  44-45  PAROLE.  (a)  After a child sentenced to commitment to the
  44-46  commission with a determinate sentence with possible transfer to
  44-47  the institutional division or the pardons and paroles division of
  44-48  the Texas Department of Criminal Justice under Section 54.04(d)(3),
  44-49  54.04(m), or 54.05(f), Family Code, completes two years of the
  44-50  child's sentence, the commission may refer the child to the
  44-51  juvenile court that entered the order of commitment for approval of
  44-52  the child's transfer to the pardons and paroles division of the
  44-53  Texas Department of Criminal Justice if the child:
  44-54              (1)  is not older than 16 years and six months of age;
  44-55  and
  44-56              (2)  will have completed the child's sentence before
  44-57  the child's 18th birthday.
  44-58        (b)  Except as provided by Subsection (c), the commission may
  44-59  refer a child to the juvenile court for a subsequent transfer
  44-60  hearing under Section 54.11, Family Code, not earlier than the
  44-61  second anniversary after the date:
  44-62              (1)  the juvenile court entered an order returning the
  44-63  child to the custody of the commission after a previous hearing
  44-64  under Section 54.11, Family Code; or
  44-65              (2)  a parole panel entered an order revoking the
  44-66  parole of the child and recommitting the child to the Texas Youth
  44-67  Commission under Section 29, Article 42.18, Code of Criminal
  44-68  Procedure.
  44-69        (c)  The commission shall refer a child to the juvenile court
  44-70  for a subsequent transfer hearing under Section 54.11, Family Code,
   45-1  on the first anniversary after the date the juvenile court entered
   45-2  an order under Section 54.11(k), Family Code, returning the child
   45-3  to the custody of the commission if the juvenile court specified at
   45-4  the previous hearing that the child was to be referred on that
   45-5  date.
   45-6        SECTION 57.  Section 61.079, Human Resources Code, is amended
   45-7  to read as follows:
   45-8        Sec. 61.079.  REFERRAL OF VIOLENT OR HABITUAL OFFENDERS FOR
   45-9  TRANSFER <REVIEW>.  (a)  Except as provided by Section 61.0785 or
  45-10  61.0786, not earlier than <During> the sixth month before the month
  45-11  in which a person committed to the commission under a determinate
  45-12  sentence becomes 18 years old or later than the person's 19th
  45-13  birthday, the commission shall refer the person <send> to the
  45-14  juvenile court that entered the order of commitment for approval <a
  45-15  notice> of the person's transfer to the institutional division or
  45-16  the pardons and paroles division of the Texas Department of
  45-17  Criminal Justice <Corrections> if:
  45-18              (1)  the person will not have completed the sentence
  45-19  before the person's 19th <18th> birthday; and
  45-20              (2)  the person has not been finally released by the
  45-21  commission with the approval of the juvenile court that entered the
  45-22  order of commitment.
  45-23        (b)  The commission shall cooperate with the court on any
  45-24  proceeding on the transfer <release> of a person.
  45-25        SECTION 58.  Section 61.081, Human Resources Code, is amended
  45-26  by amending Subsection (f) and adding Subsection (h) to read as
  45-27  follows:
  45-28        (f)  If a child under the age of 18 is committed to the
  45-29  commission under a determinate sentence under Section 54.04(d)(3),
  45-30  Section 54.04(m), or Section 54.05(f), Family Code, the commission
  45-31  may not release the child under supervision of the commission.
  45-32  <without approval of the juvenile court that entered the order of
  45-33  commitment.  The commission may request the approval of the court
  45-34  under this section at any time.>
  45-35        (h)  The commission may not release under supervision under
  45-36  this section a person who is 18 years of age or older.
  45-37        SECTION 59.  Subchapter F, Chapter 61, Human Resources Code,
  45-38  is amended by adding Section 61.0812 to read as follows:
  45-39        Sec. 61.0812.  TREATMENT FOR SUBSTANCE ABUSE.  Subject to an
  45-40  express appropriation to fund the treatment programs required by
  45-41  this section, the commission may not release a child under
  45-42  supervision or parole a child  if:
  45-43              (1)  the child has a substance abuse problem, including
  45-44  the use of a controlled substance, hazardous inhalable substances,
  45-45  or alcohol habitually; and
  45-46              (2)  the child has not completed a treatment program
  45-47  for the problem.
  45-48        SECTION 60.  Section 61.084, Human Resources Code, is amended
  45-49  to read as follows:
  45-50        Sec. 61.084.  TERMINATION OF CONTROL.  (a)  Except as
  45-51  provided by Subsections (b) and (e) <(c)>, if a person is committed
  45-52  to the commission under a determinate sentence under Section
  45-53  54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
  45-54  the commission may not discharge or transfer the person from its
  45-55  custody <before the person's 18th birthday> without the approval of
  45-56  the juvenile court that entered the order of commitment.
  45-57        (b)  The commission shall  discharge without a court hearing
  45-58  a person who is in the custody of the commission and who was
  45-59  committed to it for a determinate sentence under Section
  45-60  54.04(d)(3), Section 54.04(m), or  Section 54.05(f), Family Code,
  45-61  <who has not been transferred to the Texas Department of Criminal
  45-62  Justice or discharged under a court order> on the date that the
  45-63  time spent by the person in detention in connection with the
  45-64  committing case plus the time spent at the Texas Youth Commission
  45-65  under the order of commitment equals the period of the determinate
  45-66  sentence.
  45-67        (c)  The commission shall transfer to the institutional
  45-68  division or the pardons and paroles division of the  Texas
  45-69  Department of Criminal Justice a person who is the subject of an
  45-70  order under  Section 54.11(i), (j), or (k) <54.11(i)(2)>, Family
   46-1  Code, transferring the person  to the custody of the institutional
   46-2  division or the pardons and paroles division of the Texas
   46-3  Department of Criminal Justice for the completion of the person's
   46-4  determinate sentence.
   46-5        (d)  The commission shall discharge from its custody a person
   46-6  not already discharged or transferred on the person's 21st
   46-7  birthday.
   46-8        (e)  The commission may transfer a person who has been
   46-9  committed to the commission without a determinate sentence under
  46-10  Section 54.04(d)(2) or 54.05, Family Code, and is 17 years of age
  46-11  or older to the custody of the pardons and paroles division of the
  46-12  Texas Department of Criminal Justice as provided by Section 29,
  46-13  Article 42.18, Code of Criminal Procedure, except that:
  46-14              (1)  the parole may not extend beyond the 21st birthday
  46-15  of the person; and
  46-16              (2)  if the parole panel revokes the person's parole,
  46-17  the panel may not, solely as a result of the revocation, commit the
  46-18  person to the institutional division of the Texas Department of
  46-19  Criminal Justice beyond the 21st birthday of the person.
  46-20        SECTION 61.  Subchapter G, Chapter 61, Human Resources Code,
  46-21  is amended by adding Section 61.0911 to read as follows:
  46-22        Sec. 61.0911.  COORDINATED STRATEGIC PLAN.  The commission
  46-23  shall biennially develop with the Texas Juvenile Probation
  46-24  Commission a coordinated strategic plan as required by Section
  46-25  141.0471.
  46-26        SECTION 62.  Chapter 61, Human Resources Code, is amended by
  46-27  adding Subchapter H to read as follows:
  46-28                SUBCHAPTER H.  YOUTH BOOT CAMP PROGRAMS
  46-29        Sec. 61.101.  YOUTH BOOT CAMP PROGRAMS.  (a)  The commission
  46-30  may establish a youth boot camp program to which children may be
  46-31  committed as a condition of probation and may employ necessary
  46-32  personnel to operate the youth boot camps.
  46-33        (b)  The commission, in consultation with the Texas Juvenile
  46-34  Probation Commission, may develop a program of moral, academic,
  46-35  vocational, physical, and correctional training and activities in
  46-36  which a child committed to a youth boot camp as an intermediate
  46-37  sanction under Section 54.12(a)(1), Family Code, is required to
  46-38  participate, and the commission shall conduct programs in order to
  46-39  educate the child as to the conditions under which children
  46-40  committed to the Texas Youth Commission and the institutional
  46-41  division of the Texas Department of Criminal Justice live.
  46-42              (1)  The commission may refuse to accept a child
  46-43  proposed to be placed in an intermediate sanction facility under
  46-44  Section 54.04(d)(1)(C), Family Code, if:
  46-45                    (A)  the commission determines that the services
  46-46  and level of security at the facility are inappropriate for the
  46-47  child; or
  46-48                    (B)  space for the child is not available.
  46-49              (2)  In determining whether space is available in an
  46-50  intermediate sanction facility for a child on probation, the
  46-51  commission shall consider the extent the county from which the
  46-52  child is to be placed, in comparison to other counties, has
  46-53  exceeded targeted levels for annual commitments to the commission
  46-54  without relying on placements in an intermediate care facility.
  46-55              (3)  The commission may return to the juvenile court a
  46-56  child on probation in an intermediate facility at any time the
  46-57  commission determines that:
  46-58                    (A)  the services and level of security at the
  46-59  facility are not appropriate for the child; or
  46-60                    (B)  the child's return is necessary to prevent
  46-61  overcrowding of the facility.
  46-62              (4)  The placement of a child in an intermediate
  46-63  sanction facility under Section 54.04(d)(1)(C), Family Code, is not
  46-64  a commitment to the commission, and the child may not be
  46-65  transferred by the commission to, or be a resident of, any other
  46-66  type of commission facility other than a medical facility.
  46-67        (c)  The commission, in consultation with the Texas Juvenile
  46-68  Probation Commission, shall develop guidelines for a program of
  46-69  physical and correctional training and military-style discipline
  46-70  for children committed to youth boot camps to be operated by local
   47-1  probation departments for violating the conditions of parole as
   47-2  determined under Section 61.084 of this code under Section
   47-3  54.12(a)(2), Family Code.
   47-4        (d)  The commission shall develop a program of physical and
   47-5  correctional training and military-style discipline for children
   47-6  committed to youth boot camp facilities under Section 54.12(a)(3),
   47-7  Family Code.
   47-8        (e)  The commission shall adopt rules of conduct for children
   47-9  participating in the program under this section.
  47-10        Sec. 61.102.  CONTRACTS WITH PRIVATE VENDORS.  The commission
  47-11  may contract with a private vendor for the financing, construction,
  47-12  operation, maintenance, or management of a youth boot camp.  The
  47-13  commission may not award a contract under this section unless the
  47-14  commission requests proposals and receives a proposal that meets or
  47-15  exceeds, in addition to requirements specified in the request for
  47-16  proposals, the requirements specified in Section 61.103.
  47-17        Sec. 61.103.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
  47-18  PRIVATE VENDORS.  (a)  Any contract entered into by the commission
  47-19  with a private vendor for the financing, construction, operation,
  47-20  maintenance, or management of a youth boot camp under Section
  47-21  61.102 must comply with the following requirements:
  47-22              (1)  a person proposing to enter into a contract with
  47-23  the commission under this section must demonstrate the
  47-24  qualifications and the operations and management experience to
  47-25  carry out the terms of the contract; and
  47-26              (2)  in addition to meeting the requirements specified
  47-27  in the requests for proposals, a proposal must:
  47-28                    (A)  provide for regular, on-site monitoring by
  47-29  the commission;
  47-30                    (B)  offer a level and quality of programs at
  47-31  least equal to those provided by any other state-run youth boot
  47-32  camp;
  47-33                    (C)  permit the commission to terminate the
  47-34  contract for cause, including as cause the failure of the private
  47-35  vendor to meet the conditions required by this section and other
  47-36  conditions required by the contract;
  47-37                    (D)  if the proposal includes construction of a
  47-38  facility, contain a performance bond approved by the commission
  47-39  that is adequate and appropriate for the proposed contract;
  47-40                    (E)  provide for assumption of liability by the
  47-41  private vendor for all claims arising from the services performed
  47-42  under the contract by the private vendor;
  47-43                    (F)  provide for an adequate plan of insurance
  47-44  for the private vendor and its officers, guards, employees, and
  47-45  agents against all claims, including claims based on violations of
  47-46  civil rights arising from the services performed under the contract
  47-47  by the private vendor; and
  47-48                    (G)  provide for an adequate plan of insurance to
  47-49  protect the commission against all claims arising from the services
  47-50  performed under the contract by the private vendor and to protect
  47-51  the commission from actions by a third party against the private
  47-52  vendor and its officers, guards, employees, and agents as a result
  47-53  of the contract.
  47-54        (b)  A private vendor operating under a contract authorized
  47-55  by this subchapter may not claim sovereign immunity in a suit
  47-56  arising from the services performed under the contract by the
  47-57  private vendor.  This subsection does not deprive the private
  47-58  vendor or the commission of the benefit of any law limiting
  47-59  exposure to liability, setting a limit on damages, or establishing
  47-60  a defense to liability.
  47-61        SECTION 63.  Chapter 61, Human Resources Code, is amended by
  47-62  adding Subchapter I to read as follows:
  47-63                   SUBCHAPTER I.  INDUSTRIES PROGRAM
  47-64        Sec. 61.121.  PURPOSE; IMPLEMENTATION.  The purposes of the
  47-65  commission industries program are:
  47-66              (1)  to provide adequate employment and vocational
  47-67  training  for children; and
  47-68              (2)  to develop and expand public and private
  47-69  commission industries.
  47-70        Sec. 61.122.  ADVISORY COMMITTEE.  (a)  A commission
   48-1  industries advisory committee is created consisting of nine members
   48-2  appointed by the commission.
   48-3        (b)  Members serve staggered three-year terms, with the terms
   48-4  of three members expiring February 1 of each odd-numbered year.
   48-5        (c)  In making appointments under this section, the
   48-6  commission shall endeavor to include representatives of industries
   48-7  appropriate for hiring children committed to the commission.
   48-8        Sec. 61.123.  PAY AND DISTRIBUTION OF PAY.  The commission
   48-9  shall apportion wages earned by a child working under the
  48-10  industries program in amounts determined at the discretion of the
  48-11  commission, in the following priority:
  48-12              (1)  a person to whom the child has been ordered by a
  48-13  court or to whom the child has agreed to pay restitution;
  48-14              (2)  a person to whom the child has been ordered by a
  48-15  court to pay child support; and
  48-16              (3)  the child's student account.
  48-17        Sec. 61.124.  INDUSTRIES FUND.  (a)  A Texas Youth Commission
  48-18  industries program fund is created in the state treasury.
  48-19        (b)  Proceeds from the operation of the industries program
  48-20  shall be deposited in the fund.
  48-21        (c)  Money from the fund may only be appropriated for use by
  48-22  the commission for the administration of this subchapter.
  48-23        (d)  Sections 403.094 and 403.095, Government Code, do not
  48-24  apply to the fund.
  48-25        Sec. 61.125.  CONTRACTS.  To encourage the development and
  48-26  expansion of the industries program, the commission may enter into
  48-27  necessary contracts related to the program.
  48-28        Sec. 61.126.  DONATIONS.  The industries program may be
  48-29  financed through contributions donated for this purpose by private
  48-30  businesses contracting with the commission.
  48-31        Sec. 61.127.  GRANTS.  (a)  The industries office may accept
  48-32  a grant for the vocational rehabilitation of children.
  48-33        (b)  The commission shall maintain a record of the receipt
  48-34  and disbursement of a grant and shall annually report to the
  48-35  lieutenant governor and the speaker of the house of representatives
  48-36  on the administration of grant funds.
  48-37        Sec. 61.128.  LEASE OF LAND.  (a)  The commission may lease
  48-38  land owned by the commission to a private business to expand and
  48-39  develop the industries program.
  48-40        (b)  The term of the lease may not exceed 20 years.
  48-41        (c)  The business must lease the land at fair market value.
  48-42        (d)  The business may construct a new facility on the land or
  48-43  convert an existing facility.
  48-44        Sec. 61.129.  CERTIFICATION FOR FRANCHISE CREDIT.  The
  48-45  commission shall prepare and issue a certification that a
  48-46  corporation requires for the franchise tax credit for wages paid as
  48-47  provided by Subchapter M, Chapter 171, Tax Code.
  48-48        Sec. 61.130.  OPTIONAL AD VALOREM TAX ABATEMENT.  (a)  A
  48-49  business contracting with the industries office may enter into an
  48-50  ad valorem tax abatement agreement under Subchapters B and C,
  48-51  Chapter 312, Tax Code, with the governing body of the municipality
  48-52  and county in which the business is located.
  48-53        (b)  If an area in which businesses contracting with the
  48-54  industries office under this subchapter is designated as a
  48-55  reinvestment zone under Chapter 312, Tax Code, the area satisfies
  48-56  Section 312.202(a)(6), Tax Code, in that the area would be
  48-57  reasonably likely as a result of the designation to contribute to
  48-58  the retention or expansion of primary employment or to attract
  48-59  major investment in the zone that would be a benefit to the
  48-60  property and that would contribute to the economic development of
  48-61  the entity designating the area as a reinvestment zone.
  48-62        SECTION 64.  Subchapter C, Chapter 141, Human Resources Code,
  48-63  is amended by adding Section 141.0431 to read as follows:
  48-64        Sec. 141.0431.  VIOLENCE PREVENTION AND CONFLICT RESOLUTION
  48-65  TRAINING.  Subject to an appropriation for the purpose of
  48-66  implementing this section, the commission shall:
  48-67              (1)  provide training on request to juvenile probation
  48-68  departments and juvenile boards in violence prevention and conflict
  48-69  resolution programs; and
  48-70              (2)  encourage the inclusion of a violence prevention
   49-1  and conflict resolution program as a condition of probation.
   49-2        SECTION 65.  Subchapter C, Chapter 141, Human Resources Code,
   49-3  is amended by adding Sections 141.0432, 141.0433, and 141.0434 to
   49-4  read as follows:
   49-5        Sec. 141.0432.  YOUTH BOOT CAMP PROGRAMS.  (a)  The
   49-6  commission shall work with local juvenile boards and local juvenile
   49-7  probation departments to establish policies and guidelines for
   49-8  youth boot camp programs for children.
   49-9        (b)  The commission, local juvenile boards, and local
  49-10  juvenile probation departments may work together to develop a
  49-11  program of physical and correctional training and military-style
  49-12  discipline for children committed to youth boot camps for violating
  49-13  the conditions of probation as determined under Section
  49-14  54.04(d)(1), Family Code, under Section 54.12(a)(2), Family Code.
  49-15        (c)  The commission, local juvenile boards, and local
  49-16  juvenile probation departments shall adopt rules of conduct for
  49-17  children participating in the program under this section.
  49-18        (d)  Local juvenile boards and local juvenile probation
  49-19  departments may enter into agreements with each other to jointly
  49-20  establish regional youth boot camps.
  49-21        (e)  Local juvenile probation departments may contract with
  49-22  the Texas Youth Commission to provide services to persons who
  49-23  violate conditions of parole as determined under Section 61.075.
  49-24        Sec. 141.0433.  CONTRACTS WITH PRIVATE VENDORS.  The
  49-25  commission may contract with a private vendor for the financing,
  49-26  construction, operation, maintenance, or management of a youth boot
  49-27  camp.  The commission may not award a contract under this
  49-28  subsection unless the commission requests proposals and receives a
  49-29  proposal that meets or exceeds, in addition to requirements
  49-30  specified in the request for proposals, the requirements specified
  49-31  in Section 141.0434.
  49-32        Sec. 141.0434.  ADDITIONAL REQUIREMENTS FOR CONTRACTS WITH
  49-33  PRIVATE VENDORS.  (a)  Any contract entered into by the commission
  49-34  with a private vendor for the financing, construction, operation,
  49-35  maintenance, or management of a youth boot camp under Section
  49-36  141.0433 must comply with the following requirements:
  49-37              (1)  a person proposing to enter into a contract with
  49-38  the commission under this section must demonstrate the
  49-39  qualifications and the operations and management experience to
  49-40  carry out the terms of the contract; and
  49-41              (2)  in addition to meeting the requirements specified
  49-42  in the requests for proposals, a proposal must:
  49-43                    (A)  provide for regular, on-site monitoring by
  49-44  the commission;
  49-45                    (B)  offer a level and quality of programs at
  49-46  least equal to those provided by any other state-run youth boot
  49-47  camp;
  49-48                    (C)  permit the commission to terminate the
  49-49  contract for cause, including as cause the failure of the private
  49-50  vendor to meet the conditions required by this section and other
  49-51  conditions required by the contract;
  49-52                    (D)  if the proposal includes construction of a
  49-53  facility, contain a performance bond approved by the commission
  49-54  that is adequate and appropriate for the proposed contract;
  49-55                    (E)  provide for assumption of liability by the
  49-56  private vendor for all claims arising from the services performed
  49-57  under the contract by the private vendor;
  49-58                    (F)  provide for an adequate plan of insurance
  49-59  for the private vendor and its officers, guards, employees, and
  49-60  agents against all claims, including claims based on violations of
  49-61  civil rights arising from the services performed under the contract
  49-62  by the private vendor; and
  49-63                    (G)  provide for an adequate plan of insurance to
  49-64  protect the commission against all claims arising from the services
  49-65  performed under the contract by the private vendor and to protect
  49-66  the commission from actions by a third party against the private
  49-67  vendor and its officers, guards, employees, and agents as a result
  49-68  of the contract.
  49-69        (b)  A private vendor operating under a contract authorized
  49-70  by this subchapter may not claim sovereign immunity in a suit
   50-1  arising from the services performed under the contract by the
   50-2  private vendor.  This subsection does not deprive the private
   50-3  vendor or the commission of the benefit of any law limiting
   50-4  exposure to liability, setting a limit on damages, or establishing
   50-5  a defense to liability.
   50-6        SECTION 66.  Subchapter C, Chapter 141, Human Resources Code,
   50-7  is amended by adding Section 141.0471 to read as follows:
   50-8        Sec. 141.0471.  COORDINATED STRATEGIC PLAN FOR JUVENILE
   50-9  JUSTICE SYSTEM.  (a)  The commission and the Texas Youth Commission
  50-10  shall biennially develop a coordinated strategic plan which shall
  50-11  guide, but not substitute for, the strategic plans developed
  50-12  individually by the agencies.
  50-13        (b)  The plan shall:
  50-14              (1)  identify short-term and long-term policy goals;
  50-15              (2)  identify time frames and strategies for meeting
  50-16  the goals identified under Subdivision (1);
  50-17              (3)  estimate population projections, including
  50-18  projections of population characteristics;
  50-19              (4)  estimate short-term and long-term capacity,
  50-20  programmatic, and funding needs;
  50-21              (5)  describe intensive service and surveillance parole
  50-22  pilot programs to be jointly developed;
  50-23              (6)  include an evaluation of aftercare services
  50-24  emphasizing concrete outcome measures, including recidivism and
  50-25  educational progress;
  50-26              (7)  identify objective criteria for the various
  50-27  decision points throughout the continuum of juvenile justice
  50-28  services and sanctions to guard against disparate treatment of
  50-29  minority youth; and
  50-30              (8)  identify cross-agency outcome measures by which to
  50-31  evaluate the effectiveness of the system generally.
  50-32        (c)  Each agency shall by rule adopt the coordinated
  50-33  strategic plan on or before December 1st of each odd-numbered year,
  50-34  or before the adoption of the agency's individual strategic plan,
  50-35  whichever is earlier.
  50-36        SECTION 67.  Section 141.042, Human Resources Code, is
  50-37  amended to read as follows:
  50-38        Sec. 141.042.  RULES GOVERNING JUVENILE BOARDS, PROBATION
  50-39  DEPARTMENTS, PROBATION OFFICERS, PROGRAMS, AND FACILITIES.  (a)
  50-40  The commission shall adopt reasonable rules that provide:
  50-41              (1)  minimum standards for personnel, staffing, case
  50-42  loads, programs, facilities, record keeping, equipment, and other
  50-43  aspects of the operation of a juvenile board that are necessary to
  50-44  provide adequate and effective probation services;
  50-45              (2)  a code of ethics for probation officers and for
  50-46  the enforcement of that code;
  50-47              (3)  appropriate educational, preservice and in-service
  50-48  training, and certification standards for probation officers or
  50-49  court-supervised community-based program personnel; and
  50-50              (4)  minimum standards for juvenile detention
  50-51  facilities.
  50-52        (b)  In adopting the rules prescribed by Subsection (a), the
  50-53  commission shall consider local information and evidence gathered
  50-54  through public review and comment.
  50-55        (c)  The commission at least annually shall determine whether
  50-56  each juvenile detention facility, including each locally operated
  50-57  post-adjudication facility, is in compliance with the commission's
  50-58  minimum standards.  This subsection applies to facilities used to
  50-59  detain a child before, during, and after the adjudication of the
  50-60  child.
  50-61        (d)  The commission shall develop for voluntary use by
  50-62  juvenile probation departments a standard assessment tool for the
  50-63  initial assessment of children under the jurisdiction of probation
  50-64  departments.  The commission shall give priority to training in the
  50-65  use of this tool in any preservice or in-service training that the
  50-66  commission provides for probation officers.  The assessment tool
  50-67  shall:
  50-68              (1)  facilitate assessment of a child's mental health,
  50-69  family background, and level of education; and
  50-70              (2)  assist juvenile probation departments in
   51-1  determining when a child in the department's jurisdiction is in
   51-2  need of comprehensive psychological or other evaluation.
   51-3        (e)  The commission shall monitor compliance with alternative
   51-4  referral programs adopted by juvenile boards under Section 53.01,
   51-5  Family Code.
   51-6        SECTION 68.  Section 141.085(a), Human Resources Code, is
   51-7  amended to read as follows:
   51-8        (a)  The commission shall refuse, reduce, or suspend payment
   51-9  of state aid to:
  51-10              (1)  a juvenile board that fails to comply with the
  51-11  commission's rules or fails to maintain local financial support; or
  51-12              (2)  a county that fails to comply with the minimum
  51-13  standards for juvenile detention and other locally operated
  51-14  detention facilities adopted by the commission under Section
  51-15  141.042.
  51-16        SECTION 69.  Subchapter E, Chapter 141, Human Resources Code,
  51-17  is amended by adding Section 141.086 to read as follows:
  51-18        Sec. 141.086.  FUNDING AND CONSTRUCTION OF POST-ADJUDICATION
  51-19  FACILITIES.  (a)  The commission may provide state aid to a county
  51-20  to acquire, construct, and equip post-adjudication residential or
  51-21  day-treatment centers from money appropriated for those purposes.
  51-22  The facilities may be used for children who are placed on probation
  51-23  by a juvenile court under Section 54.04, Family Code, as an
  51-24  alternative to commitment to the facilities of the Texas Youth
  51-25  Commission.
  51-26        (b)  State funds provided to counties under Subsection (a)
  51-27  must be matched by local funds equal to at least one-fourth of the
  51-28  state funds.
  51-29        (c)  From money appropriated for construction of the
  51-30  facilities described by Subsection (a), the commission shall
  51-31  contract with the Texas Department of Criminal Justice for
  51-32  construction management services, including:
  51-33              (1)  evaluation of project plans and specifications;
  51-34  and
  51-35              (2)  review and comment on the selection of architects
  51-36  and engineers, change orders, and sufficiency of project
  51-37  inspection.
  51-38        (d)  On completion of the review of project plans and
  51-39  specifications under Subsection (c), the Texas Department of
  51-40  Criminal Justice shall issue a comprehensive report that states in
  51-41  detail the proposed cost of the project.  The commission shall use
  51-42  the report in making a comparative evaluation of proposed projects
  51-43  and shall give priority to the projects the commission finds are
  51-44  the most effective and economical.
  51-45        (e)  The commission may not award money for a capital
  51-46  construction project for a facility under this section unless the
  51-47  commission receives from the commissioners court of the county
  51-48  intending to use the facility a written commitment that the
  51-49  commissioners court has reviewed and accepted the conditions of the
  51-50  award.  If more than one county intends to use the facility, the
  51-51  commission must receive from each county a written commitment that
  51-52  the county will agree with the other counties to an interlocal
  51-53  contract to operate the facility in accordance with the conditions
  51-54  of the award.
  51-55        (f)  A county receiving state aid under this section shall
  51-56  adhere to commission standards for the construction and operation
  51-57  of a post-adjudication secure residential facility.
  51-58        (g)  For a facility constructed under this section, the
  51-59  following amounts may be appropriated:
  51-60              (1)  not more than 50 percent of the operating costs of
  51-61  the facility during the 1997 fiscal year; and
  51-62              (2)  not more than 25 percent of the operating costs of
  51-63  the facility during each of the 1998 and 1999 fiscal years.
  51-64        (h)  It is the intent of the legislature to appropriate the
  51-65  full amount of money authorized under Subsection (g)(2).
  51-66        (i)  On and after September 1, 1999, a facility constructed
  51-67  under this section must be operated entirely by the county using
  51-68  the facility.
  51-69        (j)  The commission shall conduct an annual audit of the
  51-70  operating costs for a fiscal year of a facility constructed under
   52-1  this section for each fiscal year through fiscal year 1999.  The
   52-2  commission shall submit a report on the results of the audit to the
   52-3  Legislative Budget Board and the governor not later than the 60th
   52-4  day after the last day of the fiscal year covered by the audit.
   52-5        (k)  In this section, "operating costs" means the operating
   52-6  costs of a facility at an 80-percent occupancy rate.
   52-7        SECTION 70.  Section 152.0007, Human Resources Code, is
   52-8  amended to read as follows:
   52-9        Sec. 152.0007.  DUTIES.  (a)  The juvenile board shall:
  52-10              (1)  establish a juvenile probation department and
  52-11  employ personnel to conduct probation services, including a chief
  52-12  probation officer and, if more than one officer is necessary,
  52-13  assistant officers, who meet the standards set by the Texas
  52-14  Juvenile Probation Commission; and
  52-15              (2)  operate or supervise juvenile services in the
  52-16  county and make recommendations as to the need for and purchase of
  52-17  services.
  52-18        (b)  The juvenile board shall consult with the advisory
  52-19  council before exercising a duty under this section.
  52-20        (c)  The juvenile board shall establish guidelines for the
  52-21  initial assessment of a child by the juvenile probation department.
  52-22  The guidelines shall provide a means for assessing a child's mental
  52-23  health status, family background, and level of education.  The
  52-24  guidelines shall assist the probation department in determining
  52-25  whether a comprehensive psychological evaluation of the child
  52-26  should be conducted.  The board shall require that probation
  52-27  department personnel use assessment information compiled by the
  52-28  child's school, if the information is available, before conducting
  52-29  a comprehensive psychological evaluation of the child.  The board
  52-30  may adopt all or part of the Texas Juvenile Probation Commission's
  52-31  minimum standards for assessment under Section 141.042 in complying
  52-32  with this subsection.
  52-33        SECTION 71.  Section 152.0010, Human Resources Code, is
  52-34  amended by amending Subsection (a) and adding Subsection (d) to
  52-35  read as follows:
  52-36        (a)  Except as provided by Subsection (d), each <Each>
  52-37  juvenile board shall appoint an advisory council consisting of not
  52-38  more than nine citizen members, including:
  52-39              (1)  a prosecuting attorney as defined by Section
  52-40  51.02, Family Code;
  52-41              (2)  a mental health professional;
  52-42              (3)  a medical health professional; and
  52-43              (4)  a representative of the education community.
  52-44        (d)  A prosecuting attorney who is appointed to a juvenile
  52-45  board under Subchapter D may not serve on the advisory council.
  52-46  The juvenile board is not required to appoint a prosecuting
  52-47  attorney to the advisory council if the only eligible prosecuting
  52-48  attorney is appointed to the juvenile board.
  52-49        SECTION 72.  Subchapter A, Chapter 152, Human Resources Code,
  52-50  is amended by adding Section 152.0011 to read as follows:
  52-51        Sec. 152.0011.  LOCAL YOUTH BOOT CAMPS; CONTRACTS WITH
  52-52  PRIVATE VENDORS.  (a)  The juvenile board or local probation
  52-53  department may establish a youth boot camp and employ necessary
  52-54  personnel to operate the camp.
  52-55        (b)  The juvenile board or local probation departments may
  52-56  contract with a private vendor for the financing, construction,
  52-57  operation, maintenance, or management of a youth boot camp in the
  52-58  same manner as the state.  The juvenile board may not award a
  52-59  contract under this subsection unless the board requests proposals
  52-60  and receives a proposal that meets or exceeds, in addition to
  52-61  requirements specified in the request for proposals, the
  52-62  requirements specified in Section 141.0434.
  52-63        (c)  A juvenile board youth boot camp must offer a program
  52-64  that complies with the requirements of the youth boot camps set
  52-65  forth in Section 141.0432.
  52-66        (d)  If a juvenile board or its designee determines that a
  52-67  child is not complying with the rules of conduct promulgated by the
  52-68  commission or is medically or psychologically unsuitable for the
  52-69  program, the board shall terminate the child's participation in the
  52-70  program and request the sentencing court to reassume custody of the
   53-1  child.
   53-2        SECTION 73.  Subchapter B, Chapter 152, Human Resources Code,
   53-3  is amended by adding Section 152.00325 to read as follows:
   53-4        Sec. 152.00325.  PROSECUTING ATTORNEY MEMBER OF JUVENILE
   53-5  BOARD.  (a)  Notwithstanding Section 152.0031, the members of each
   53-6  juvenile board, including those created under Subchapters C and D,
   53-7  shall appoint to the board a prosecuting attorney, as that term is
   53-8  defined by Section 51.02, Family Code, for the county the juvenile
   53-9  board serves.
  53-10        (b)  If the county served by the juvenile board has only one
  53-11  prosecuting attorney, that attorney serves on the board.  If the
  53-12  county served by the juvenile board has more than one prosecuting
  53-13  attorney, the members of the board shall select a prosecuting
  53-14  attorney and the attorney serves a two-year term that expires
  53-15  January 31 of each even-numbered year.
  53-16        (c)  If the juvenile board serves more than one county, the
  53-17  members of the board shall appoint to the board a prosecuting
  53-18  attorney from each county.
  53-19        (d)  A prosecuting attorney serving on the juvenile board is
  53-20  not entitled to compensation for service on the board except as
  53-21  permitted by this subsection.  The commissioners court may
  53-22  reasonably compensate the prosecuting attorney for the attorney's
  53-23  additional duties relating to service on the juvenile board in any
  53-24  amount not to exceed the amount of compensation paid to any other
  53-25  member of the board for service on the board.
  53-26        SECTION 74.  Section 8.07, Penal Code, is amended to read as
  53-27  follows:
  53-28        Sec. 8.07.  AGE AFFECTING CRIMINAL RESPONSIBILITY.  (a)  A
  53-29  person may not be prosecuted for or convicted of any offense that
  53-30  he committed when younger than 15 years of age except:
  53-31              (1)  perjury and aggravated perjury when it appears by
  53-32  proof that he had sufficient discretion to understand the nature
  53-33  and obligation of an oath;
  53-34              (2)  a violation of a penal statute cognizable under
  53-35  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957
  53-36  (Article 6701l-4, Vernon's Texas Civil Statutes)<, except conduct
  53-37  which violates the laws of this state prohibiting driving while
  53-38  intoxicated or under the influence of intoxicating liquor (first or
  53-39  subsequent offense) or driving while under the influence of any
  53-40  narcotic drug or of any other drug to a degree which renders him
  53-41  incapable of safely driving a vehicle (first or subsequent
  53-42  offense)>;
  53-43              (3)  a violation of a motor vehicle traffic ordinance
  53-44  of an incorporated city or town in this state;
  53-45              (4)  a misdemeanor punishable by fine only other than
  53-46  public intoxication; <or>
  53-47              (5)  a violation of a penal ordinance of a political
  53-48  subdivision; or
  53-49              (6)  a violation of a penal statute that is, or is a
  53-50  lesser included offense of, a capital felony or a felony of the
  53-51  first degree for which the person is transferred to the court under
  53-52  Section 54.02, Family Code, for prosecution if the person committed
  53-53  the offense when 14 years of age or older.
  53-54        (b)  Unless the juvenile court waives jurisdiction under
  53-55  Section 54.02, Family Code, and certifies the individual for
  53-56  criminal prosecution or the juvenile court has previously waived
  53-57  jurisdiction under that section and certified the individual for
  53-58  criminal prosecution, a person may not be prosecuted for or
  53-59  convicted of any offense committed before reaching 17 years of age
  53-60  except an offense described by Subsections (a)(1)-(6)<:>
  53-61              <(1)  perjury and aggravated perjury when it appears by
  53-62  proof that he had sufficient discretion to understand the nature
  53-63  and obligation of an oath;>
  53-64              <(2)  a violation of a penal statute cognizable under
  53-65  Chapter 302, Acts of the 55th Legislature, Regular Session, 1957,
  53-66  as amended (Article 6701l-4, Vernon's Texas Civil Statutes), except
  53-67  conduct which violates the laws of this state prohibiting driving
  53-68  while intoxicated or under the influence of intoxicating liquor
  53-69  (first or subsequent offense) or driving while under the influence
  53-70  of any narcotic drug or of any other drug to a degree which renders
   54-1  him incapable of safely driving a vehicle (first or subsequent
   54-2  offense);>
   54-3              <(3)  a violation of a motor vehicle traffic ordinance
   54-4  of an incorporated city or town in this state;>
   54-5              <(4)  a misdemeanor punishable by fine only other than
   54-6  public intoxication; or>
   54-7              <(5)  a violation of a penal ordinance of a political
   54-8  subdivision>.
   54-9        (c)  <Unless the juvenile court waives jurisdiction and
  54-10  certifies the individual for criminal prosecution, a person who has
  54-11  been alleged in a petition for an adjudication hearing to have
  54-12  engaged in delinquent conduct or conduct indicating a need for
  54-13  supervision may not be prosecuted for or convicted of any offense
  54-14  alleged in the juvenile court petition or any offense within the
  54-15  knowledge of the juvenile court judge as evidenced by anything in
  54-16  the record of the juvenile court proceedings.>
  54-17        <(d)>  No person may, in any case, be punished by death for
  54-18  an offense committed while he was younger than 17 years.
  54-19        SECTION 75.  Section 12.42, Penal Code, is amended by adding
  54-20  Subsection (f) to read as follows:
  54-21        (f)  For the purposes of Subsections (a)-(c) and (e), an
  54-22  adjudication by a juvenile court under Section 54.03, Family Code,
  54-23  that a child engaged in delinquent conduct constituting a felony
  54-24  offense for which the child is committed to the Texas Youth
  54-25  Commission under Section 54.04(d)(2), (d)(3), or (m), Family Code,
  54-26  or Section 54.05(f), Family Code, is a final felony conviction.
  54-27        SECTION 76.  Chapter 4, Code of Criminal Procedure, is
  54-28  amended by adding Article 4.18 to read as follows:
  54-29        Art. 4.18.  TRANSFER OF JURISDICTION FROM JUVENILE COURT.
  54-30  (a)  A claim that a district court or criminal district court does
  54-31  not have jurisdiction over a person because jurisdiction is
  54-32  exclusively in the juvenile court and that the juvenile court could
  54-33  not waive jurisdiction under Section 8.07(a), Penal Code, or did
  54-34  not waive jurisdiction under Section 8.07(b), Penal Code, must be
  54-35  made by written motion in bar of prosecution filed with the court
  54-36  in which criminal charges against the person are filed.
  54-37        (b)  The motion must be filed and presented to the presiding
  54-38  judge of the court:
  54-39              (1)  if the defendant enters a plea of guilty or no
  54-40  contest, before the plea;
  54-41              (2)  if the defendant's guilt or punishment is tried or
  54-42  determined by a jury, before selection of the jury begins; or
  54-43              (3)  if the defendant's guilt is tried by the court,
  54-44  before the first witness is sworn.
  54-45        (c)  Unless the motion is not contested, the presiding judge
  54-46  shall promptly conduct a hearing without a jury and rule on the
  54-47  motion.  The party making the motion has the burden of establishing
  54-48  by a preponderance of the evidence those facts necessary for the
  54-49  motion to prevail.
  54-50        (d)  A person may not contest the jurisdiction of the court
  54-51  on the ground that the juvenile court has exclusive jurisdiction
  54-52  if:
  54-53              (1)  the person does not file a motion within the time
  54-54  requirements of this article; or
  54-55              (2)  the presiding judge finds under Subsection (c)
  54-56  that a motion made under this article does not prevail.
  54-57        (e)  An appellate court may review a trial court's
  54-58  determination under this article, if otherwise authorized by law,
  54-59  only after conviction in the trial court.
  54-60        (f)  A court that finds that it lacks jurisdiction over a
  54-61  case because exclusive jurisdiction is in the juvenile court shall
  54-62  transfer the case to the juvenile court as provided by Section
  54-63  51.08, Family Code.
  54-64        SECTION 77.  Section 3(a), Article 37.07, Code of Criminal
  54-65  Procedure, is amended to read as follows:
  54-66        (a)  Regardless of the plea and whether the punishment be
  54-67  assessed by the judge or the jury, evidence may be offered by the
  54-68  state and the defendant as to any matter the court deems relevant
  54-69  to sentencing, including but not limited to the prior criminal
  54-70  record of the defendant, his general reputation, his character, an
   55-1  opinion regarding his character, the circumstances of the offense
   55-2  for which he is being tried, and, notwithstanding Rules 404 and
   55-3  405, Texas Rules of Criminal Evidence, any other evidence of an
   55-4  extraneous crime or bad act that is shown beyond a reasonable doubt
   55-5  by evidence to have been committed by the defendant or for which he
   55-6  could be held criminally responsible, regardless of whether he has
   55-7  previously been charged with or finally convicted of the crime or
   55-8  act.  A court may consider as a factor in mitigating punishment the
   55-9  conduct of a defendant while participating in a program under
  55-10  Chapter 17 of this code as a condition of release on bail.
  55-11  Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal
  55-12  Evidence, evidence may be offered by the state and the defendant of
  55-13  an adjudication of delinquency based on a violation by the
  55-14  defendant of a penal law of the grade of:
  55-15              (1)  a felony; or
  55-16              (2)  a misdemeanor punishable by confinement in jail
  55-17  <unless:>
  55-18              <(1)  the adjudication is based on conduct committed
  55-19  more than five years before the commission of the offense for which
  55-20  the person is being tried; and>
  55-21              <(2)  in the five years preceding the date of the
  55-22  commission of the offense for which the person is being tried, the
  55-23  person did not engage in conduct for which the person has been
  55-24  adjudicated as a delinquent child or a child in need of supervision
  55-25  and did not commit an offense for which the person has been
  55-26  convicted>.
  55-27        SECTION 78.  Chapter 217, Labor Code, is amended to read as
  55-28  follows:
  55-29         CHAPTER 217.  JUVENILE OFFENDER PROGRAM <PROJECT RIO>
  55-30                     <(REINTEGRATION OF OFFENDERS)>
  55-31        Sec. 217.001.  Definitions.  In this chapter:
  55-32              (1)  "Department" means the Texas Department of
  55-33  Criminal Justice.
  55-34              (2)  "Institutional division" means the institutional
  55-35  division of the department.
  55-36              <(3)  "Project RIO" means the project for reintegration
  55-37  of offenders.>
  55-38        Sec. 217.002.  THE JUVENILE OFFENDER PROGRAM <Project Rio>.
  55-39  The juvenile offender program <project for reintegration of
  55-40  offenders> is a statewide employment referral program designed to
  55-41  reintegrate into the labor force persons formerly confined in the
  55-42  institutional division and persons committed to the Texas Youth
  55-43  Commission.
  55-44        Sec. 217.003.  Administration.  The department, the Texas
  55-45  Youth Commission, and the commission shall cooperate to maximize
  55-46  the effectiveness of the juvenile offender program <Project RIO>.
  55-47  For that purpose, the commission shall administer the program
  55-48  <project>.
  55-49        Sec. 217.004.  Memorandum of Understanding--Adoption.
  55-50  (a)  The department, <and> the commission, and the Texas Youth
  55-51  Commission shall each adopt a memorandum of understanding that
  55-52  establishes the respective responsibilities of each agency and of
  55-53  the divisions within the department.
  55-54        (b)  The commission shall coordinate the development of the
  55-55  memoranda <memorandum> of understanding.  The department and the
  55-56  Texas Youth Commission shall adopt rules as necessary to implement
  55-57  their respective memoranda <the memorandum> and may amend the
  55-58  memorandum and those rules as necessary.
  55-59        Sec. 217.005.  Memorandum of Understanding--Contents.
  55-60  (a)  The memorandum of understanding between the department and the
  55-61  commission must establish the role of:
  55-62              (1)  the institutional division in ascertaining and
  55-63  encouraging an inmate's chances for employment by:
  55-64                    (A)  providing vocational and educational
  55-65  assessment for the person while incarcerated in the division;
  55-66                    (B)  developing a skills enhancement program for
  55-67  the person while incarcerated, in cooperation with other
  55-68  governmental, educational, and private entities, using available
  55-69  public or private financial resources authorized by statute; and
  55-70                    (C)  referring the person on release to the
   56-1  program <project> through the person's parole officer;
   56-2              (2)  the community justice assistance division and the
   56-3  pardons and paroles division of the department in:
   56-4                    (A)  encouraging and referring persons to the
   56-5  program <project>; and
   56-6                    (B)  ensuring that those persons participate in
   56-7  the program <project> and avail themselves of its services; and
   56-8              (3)  the commission in developing and maintaining a
   56-9  statewide network for finding positions of employment that require
  56-10  the skills possessed by program <project> participants and in
  56-11  helping those participants to secure employment.
  56-12        (b)  The memorandum also must establish the methods by which
  56-13  the commission shall coordinate its efforts under this chapter with
  56-14  the operations of service providers operating under Chapter 301
  56-15  (Texas Job-Training Partnership Act).
  56-16        (c)  The memorandum of understanding between the Texas Youth
  56-17  Commission and the commission must establish the roles of the
  56-18  institutional and community services division in the Texas Youth
  56-19  Commission and the role of the commission in the same manner the
  56-20  roles of the department and commission are established under
  56-21  Subsections (a) and (b).
  56-22        Sec. 217.006.  PROGRAM <Project> Director.  (a)  The
  56-23  administrator of the commission shall designate the director of the
  56-24  juvenile offender program <Project RIO> to coordinate the efforts
  56-25  of the affected state agencies and expedite the delivery of
  56-26  services to participants in the program <project>, including
  56-27  prospective employers.
  56-28        (b)  The program <project> director shall:
  56-29              (1)  propose, for adoption by the commission, standards
  56-30  and guidelines for the operation of the program <project>;
  56-31              (2)  obtain information from appropriate state agencies
  56-32  and offices affiliated with the program <project> to determine any
  56-33  necessary changes in the program <project>;
  56-34              (3)  disseminate information statewide about the
  56-35  program <project>; and
  56-36              (4)  train commission staff to assist in the operation
  56-37  of affiliated services.
  56-38        SECTION 79.  Section 20, Article 42.18, Code of Criminal
  56-39  Procedure, is amended to read as follows:
  56-40        Sec. 20.  INAPPLICABLE TO JUVENILES.  (a)  Except as provided
  56-41  by Subsection (b) of this section, the <The> provisions of this
  56-42  article shall not apply to parole from institutions for juveniles
  56-43  or to temporary furloughs granted to an inmate by the institutional
  56-44  division under Section 500.006, Government Code.
  56-45        (b)  The provisions of this article not in conflict with
  56-46  Section 29 of this article apply to parole of a person from the
  56-47  Texas Youth Commission under that section.
  56-48        SECTION 80.  Article 42.18, Code of Criminal Procedure, is
  56-49  amended by adding Section 29 to read as follows:
  56-50        Sec. 29.  TRANSFER PAROLE.  (a)  Not later than the 90th day
  56-51  before the date the Texas Youth Commission transfers a person to
  56-52  the custody of the pardons and paroles division for release on
  56-53  parole under Section 61.084(c) or (e), Human Resources Code, the
  56-54  commission shall submit to the board all pertinent information
  56-55  relating to the person, including:
  56-56              (1)  the juvenile court judgment;
  56-57              (2)  the circumstances of the person's delinquent
  56-58  conduct;
  56-59              (3)  the person's previous social history and juvenile
  56-60  court records;
  56-61              (4)  the person's physical and mental health record;
  56-62              (5)  a record of the person's conduct, employment
  56-63  history, and attitude while committed to the commission;
  56-64              (6)  a record of the sentence time served by the person
  56-65  at the commission; and
  56-66              (7)  any written comments or information provided by
  56-67  the commission, local officials, or victims of the offense.
  56-68        (b)  Before the release of the person on parole, a parole
  56-69  panel shall review the person's records and may interview the
  56-70  person or any other person the panel deems is necessary to
   57-1  determine the conditions of parole.  The panel may impose any
   57-2  reasonable condition of parole on the person that the panel may
   57-3  impose on an adult prisoner under this article.
   57-4        (c)  The panel shall furnish the person with a contract
   57-5  clearly describing the conditions and rules of parole.  The person
   57-6  must accept and sign the contract as a precondition to release on
   57-7  parole.
   57-8        (d)  While on parole, the person remains in the legal custody
   57-9  of the state and shall comply with the conditions of parole ordered
  57-10  by a panel under this section.
  57-11        (e)  The period of parole for a person released to parole
  57-12  under this section is the maximum term for which the person was
  57-13  sentenced less calendar time actually served at the Texas Youth
  57-14  Commission.
  57-15        (f)  Except as provided by Subsection (g), if a parole panel
  57-16  revokes a person's parole, the panel may require the person to
  57-17  serve the portion remaining of the person's sentence in the
  57-18  institutional division.  The panel may not recommit the person to
  57-19  the Texas Youth Commission.
  57-20        (g)  If a parole panel revokes parole of a person who was
  57-21  transferred to the pardons and paroles division under an order of a
  57-22  juvenile court issued under Section 54.11(k), Family Code, the
  57-23  panel may not require the person to serve the portion remaining of
  57-24  the person's sentence in the institutional division.  The panel
  57-25  shall recommit the person to the Texas Youth Commission.
  57-26        (h)  The remaining portion of the person's sentence is
  57-27  calculated without credit for the time from the date of the
  57-28  person's release to the date of revocation.
  57-29        (i)  A parole panel may not assess a parole supervision fee
  57-30  on a person transferred to the pardons and paroles division under
  57-31  an order of a juvenile court issued under Section 54.11(k), Family
  57-32  Code.
  57-33        (j)  For purposes of this article, a person released from the
  57-34  Texas Youth Commission on parole under this section is deemed to
  57-35  have been convicted of the offense for which the person has been
  57-36  adjudicated.
  57-37        (k)  The Texas Youth Commission shall provide instruction for
  57-38  parole officers relating to juvenile programs at the commission.
  57-39  The Texas Youth Commission and the pardons and paroles division
  57-40  shall enter into a memorandum of understanding relating to the
  57-41  administration of this subsection.
  57-42        SECTION 81.  Chapter 44, Code of Criminal Procedure, is
  57-43  amended by adding Article 44.47 to read as follows:
  57-44        Art. 44.47.  APPEAL OF TRANSFER FROM JUVENILE COURT.  (a)  A
  57-45  defendant may appeal an order of a juvenile court certifying the
  57-46  defendant to stand trial as an adult and transferring the defendant
  57-47  to a criminal court under Section 54.02, Family Code.
  57-48        (b)  A defendant may appeal a transfer under Subsection (a)
  57-49  only in conjunction with the appeal of a conviction of the offense
  57-50  for which the defendant was transferred to criminal court.
  57-51        (c)  An appeal under this section is a criminal matter and is
  57-52  governed by this code and the Texas Rules of Appellate Procedure
  57-53  that apply to a criminal case.
  57-54        SECTION 82.  Section 2, Article 46.02, Code of Criminal
  57-55  Procedure, is amended by adding Subsection (c) to read as follows:
  57-56        (c)  The court shall, within 90 days of the transfer of a
  57-57  pending juvenile proceeding under Section 55.02(f) or 55.03(g),
  57-58  Family Code, institute new proceedings under this chapter.
  57-59        SECTION 83.  Sections 21.3011(a), (b), (c), and (g),
  57-60  Education Code, are amended to read as follows:
  57-61        (a)  In this section, "expulsion" means suspension of a
  57-62  student from school for more than six school days within a semester
  57-63  and a referral to the juvenile court.  The term does not include
  57-64  removal of a student to an alternative education program.
  57-65        (b)  A student may be removed from class and expelled with a
  57-66  referral to the juvenile court without resort to an alternative
  57-67  education program under Section 21.301 of this code if the student,
  57-68  on school property or while attending a school-sponsored or
  57-69  school-related activity on or off of school property:
  57-70              (1)  engages in conduct that contains the elements of
   58-1  the offense of aggravated assault under Section 22.02, Penal Code,
   58-2  sexual assault under Section 22.011, Penal Code, aggravated sexual
   58-3  assault under Section 22.021, Penal Code, or terroristic threat
   58-4  under Section 22.07, Penal Code <assaults a teacher or other
   58-5  individual>;
   58-6              (2)  sells, gives, or delivers to another person or
   58-7  possesses or uses or is under the influence of:
   58-8                    (A)  marihuana or a controlled substance, as
   58-9  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  58-10  Section 801 et seq.; or
  58-11                    (B)  a dangerous drug, as defined by Chapter 483,
  58-12  Health and Safety Code;
  58-13              (3)  sells, gives, or delivers to another person an
  58-14  alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
  58-15  Code, or commits a serious act or offense while under the influence
  58-16  of alcohol; or <on more than one occasion> possesses, uses, or is
  58-17  under the influence of an alcoholic beverage;
  58-18              (4)  possesses a firearm as defined by Section
  58-19  46.01(3), Penal Code, an illegal knife as defined by Section
  58-20  46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
  58-21  Code, or a weapon listed as a prohibited weapon under Section
  58-22  46.06, Penal Code;
  58-23              (5)  engages in conduct that contains the elements of
  58-24  an offense relating to abusable glue or aerosol paint under
  58-25  Sections 485.031 through 485.035, Health and Safety Code, or
  58-26  relating to volatile chemicals under Chapter 484, Health and Safety
  58-27  Code;
  58-28              (6)  engages in conduct that contains the elements of
  58-29  the offense of arson under Section 28.02, Penal Code;
  58-30              (7)  engages in conduct that contains the elements of
  58-31  the offense of criminal mischief under Section 28.03, Penal Code,
  58-32  if the offense is punishable as a felony under that section; <or>
  58-33              (8)  engages in conduct that contains the elements of
  58-34  the offense of public lewdness under Section 21.07, Penal Code;
  58-35              (9)  engages in conduct that contains the elements of
  58-36  the offense of:
  58-37                    (A)  murder under Section 19.02, Penal Code;
  58-38                    (B)  capital murder under Section 19.03, Penal
  58-39  Code; or
  58-40                    (C)  criminal attempt, under Section 15.01, Penal
  58-41  Code, to commit murder or capital murder;
  58-42              (10)  engages in conduct that contains the elements of
  58-43  the offense of indecency with a child under Section 21.11, Penal
  58-44  Code; or
  58-45              (11)  engages in conduct that contains the elements of
  58-46  the offense of aggravated kidnapping under Section 20.04, Penal
  58-47  Code.
  58-48        (c)  A student who, after having been placed in an
  58-49  alternative education program under Section 21.301 of this code,
  58-50  continues to engage in serious or persistent misbehavior that
  58-51  violates the district's previously communicated written standards
  58-52  of student conduct may be removed from class and expelled with a
  58-53  referral to juvenile court.
  58-54        (g)  The board or its designee shall deliver a copy of the
  58-55  order expelling the student to the student and the student's parent
  58-56  or guardian.  The board or its designee shall also deliver on or
  58-57  before the second working day after the date of the expulsion
  58-58  hearing a copy of the order and any other information required by
  58-59  Section 52.04, Family Code, to the authorized officer of the
  58-60  juvenile court in the county in which the student resides.  The
  58-61  officer shall determine whether:
  58-62              (1)  a petition should be filed alleging that the
  58-63  student is in need of supervision or engaged in delinquent conduct;
  58-64  or
  58-65              (2)  the student should be referred to an appropriate
  58-66  state agency.
  58-67        SECTION 84.  Section 21.002, Government Code, is amended by
  58-68  amending Subsection (a) and adding Subsection (h) to read as
  58-69  follows:
  58-70        (a)  Except as provided by Subsections <Subsection> (g) and
   59-1  (h), a court may punish for contempt.
   59-2        (h)  A justice or municipal court may not punish by contempt
   59-3  a person who engages in conduct that violates an order of the court
   59-4  if the conduct of the person is delinquent conduct under Section
   59-5  51.03(a)(3), Family Code.  The justice or municipal court shall
   59-6  refer the person to the juvenile court for engaging in the
   59-7  delinquent conduct.
   59-8        SECTION 85.  Section 413.009, Government Code, is amended to
   59-9  read as follows:
  59-10        Sec. 413.009.  DUTIES OF POLICY COUNCIL.  (a)  To accomplish
  59-11  its duties the policy council shall:
  59-12              (1)  conduct an in-depth analysis of the criminal
  59-13  justice system;
  59-14              (2)  determine the long-range needs of the criminal
  59-15  justice system and recommend policy priorities for the system;
  59-16              (3)  identify critical problems in the criminal justice
  59-17  system and recommend strategies to solve those problems;
  59-18              (4)  assess the cost-effectiveness of the use of state
  59-19  and local funds in the criminal justice system;
  59-20              (5)  recommend means to improve the deterrent and
  59-21  rehabilitative capabilities of the criminal justice system;
  59-22              (6)  advise and assist the legislature in developing
  59-23  plans, programs, and proposed legislation for improving the
  59-24  effectiveness of the criminal justice system;
  59-25              (7)  make computations of daily costs and compare
  59-26  interagency costs on services provided by agencies that are a part
  59-27  of the criminal justice system;
  59-28              (8)  make population computations for use in planning
  59-29  for the long-range needs of the criminal justice system;
  59-30              (9)  determine long-range information needs of the
  59-31  criminal justice system and acquire that information; and
  59-32              (10)  engage in other activities consistent with the
  59-33  responsibilities of the policy council.
  59-34        (b)  In addition  to the policy council's duties under
  59-35  Section 413.008 and Subsection (a) of this section, the policy
  59-36  council may perform any function described in Subsection (a) to
  59-37  promote an effective and cohesive juvenile justice system.
  59-38        (c)  The policy council shall annually review the
  59-39  effectiveness of the Texas Youth Commission's programs for the
  59-40  rehabilitation and reestablishment in society of children committed
  59-41  to the commission, including programs for sex offenders, capital
  59-42  offenders, children who are chemically dependent, and emotionally
  59-43  disturbed children.  On or before December 31 of each year, the
  59-44  policy council shall make a report on the effectiveness of the
  59-45  programs to the Legislative Budget Board.
  59-46        SECTION 86.  Chapter 413, Government Code, is amended by
  59-47  adding Section 413.022 to read as follows:
  59-48        Sec. 413.022.  EVALUATION OF THE YOUTH BOOT CAMP PROGRAMS.
  59-49  (a)  The policy council shall evaluate annually the effectiveness
  59-50  of the youth boot camp programs.
  59-51        (b)  The policy council shall prepare and file a report with
  59-52  the presiding officers of both houses of the legislature, the Texas
  59-53  Juvenile Probation Commission, the Texas Youth Commission, and the
  59-54  attorney general containing the council's findings and
  59-55  recommendations under Subsection (a).
  59-56        SECTION 87.  Section 659.062(a), Government Code, is amended
  59-57  to read as follows:
  59-58        (a)  An eligible employee is entitled to hazardous duty pay
  59-59  of $7 a month for each year of service as an employee of this state
  59-60  in a position that requires the performance of hazardous duty, not
  59-61  to exceed 30 years of such service.  Except as provided by
  59-62  Subsection (c) or Section 659.063(b)(1), this hazardous duty pay is
  59-63  instead of other hazardous duty or longevity pay.
  59-64        SECTION 88.  (a)  Subchapter E, Chapter 659, Government Code,
  59-65  is amended to conform to Section 1, Chapter 85, Acts of the 73rd
  59-66  Legislature, Regular Session, 1993, by adding Section 659.063 and
  59-67  is amended to read as follows:
  59-68        Sec. 659.063.  HAZARDOUS DUTY PAY:  TEXAS YOUTH COMMISSION
  59-69  EMPLOYEES.  (a)  An employee of the Texas Youth Commission who has
  59-70  routine direct contact with youth placed in a residential facility
   60-1  of the Texas Youth Commission or with youth released under the
   60-2  commission's supervision may receive hazardous duty pay in an
   60-3  amount that does not exceed the amount authorized by Section
   60-4  659.062(a).
   60-5        (b)  Hazardous duty pay under this section:
   60-6              (1)  is subject to the conditions and limitations in
   60-7  the General Appropriations Act, except that during periods when
   60-8  Texas Youth Commission employees do not receive the full amount of
   60-9  the hazardous duty pay for which they are eligible, they are
  60-10  entitled to receive longevity pay for time accrued in a hazardous
  60-11  duty position, but only until hazardous duty payments resume; and
  60-12              (2)  may not be made:
  60-13                    (A)  from funds authorized for payment of an
  60-14  across-the-board employee salary increase; or
  60-15                    (B)  to an employee who works at the central
  60-16  office of the commission or an employee whose work for the
  60-17  commission involves only occasional contact with youth.
  60-18        (c)  The receipt of a payment under this section by an
  60-19  employee does not qualify the employee for retirement benefits from
  60-20  the law enforcement and custodial officer supplemental retirement
  60-21  fund.
  60-22        (b)  Section 1, Chapter 85, Acts of the 73rd Legislature,
  60-23  Regular Session, 1993, is repealed.
  60-24        SECTION 89.  Subchapter Z, Chapter 341, Local Government
  60-25  Code, is amended by adding Section 341.904 to read as follows:
  60-26        Sec. 341.904.  JUVENILE CURFEW ORDINANCE IN GENERAL-LAW
  60-27  MUNICIPALITY.  The governing body of a general-law municipality may
  60-28  adopt a curfew ordinance to regulate the movements or actions of
  60-29  persons under 17 years of age, not inconsistent with state law,
  60-30  that is for the good government, peace, public safety, or order of
  60-31  the municipality.  This authority includes the authority to:
  60-32              (1)  establish the hours of the curfew, including
  60-33  different hours for different days of the week;
  60-34              (2)  apply different curfew hours to different age
  60-35  groups of juveniles;
  60-36              (3)  describe the kinds of conduct subject to the
  60-37  curfew;
  60-38              (4)  determine the locations to which the curfew
  60-39  applies;
  60-40              (5)  determine which persons incur liability if a
  60-41  violation of the curfew occurs;
  60-42              (6)  prescribe procedures a police officer or other
  60-43  person must follow in enforcing the curfew; and
  60-44              (7)  establish exemptions from the curfew.
  60-45        SECTION 90.  Subchapter Z, Chapter 351, Local Government
  60-46  Code, is amended by adding Section 351.903 to read as follows:
  60-47        Sec. 351.903.  JUVENILE CURFEW ORDER IN A COUNTY.  The
  60-48  commissioners court of a county by order may adopt a curfew
  60-49  applying to the unincorporated area of the county to regulate the
  60-50  movements or actions of persons under the age of 17, not
  60-51  inconsistent with state law, that is for the good government,
  60-52  peace, public safety, or order of the county.  This authority
  60-53  includes the authority to:
  60-54              (1)  establish the hours of the curfew, including
  60-55  different hours for different days of the week;
  60-56              (2)  apply different curfew hours to different age
  60-57  groups of juveniles;
  60-58              (3)  describe the kinds of conduct subject to the
  60-59  curfew;
  60-60              (4)  determine the locations to which the curfew
  60-61  applies;
  60-62              (5)  determine which persons incur liability if a
  60-63  violation of the curfew occurs;
  60-64              (6)  prescribe procedures a police officer or other
  60-65  person must follow in enforcing the curfew; and
  60-66              (7)  establish exemptions from the curfew.
  60-67        SECTION 91.  Chapter 171, Tax Code, is amended by adding
  60-68  Subchapter M to read as follows:
  60-69          SUBCHAPTER M.  TAX CREDIT FOR WAGES PAID TO CERTAIN
  60-70             CHILDREN COMMITTED TO TEXAS YOUTH COMMISSION
   61-1        Sec. 171.681.  DEFINITIONS.  In this subchapter:
   61-2              (1)  "Commission" means the Texas Youth Commission.
   61-3              (2)  "Eligible child" means a person who:
   61-4                    (A)  is committed to the commission under Title
   61-5  3, Family Code, other than a commitment under a determinate
   61-6  sentence under Section 54.04(d)(3), 54.04(m), or 54.05(f), Family
   61-7  Code; and
   61-8                    (B)  resides at a facility of the commission.
   61-9        Sec. 171.682.  CREDIT.  A corporation that meets the
  61-10  eligibility requirements under this subchapter is entitled to a
  61-11  credit in the amount allowed by this subchapter against the tax
  61-12  imposed under this chapter.
  61-13        Sec. 171.683.  CREDIT FOR WAGES PAID TO ELIGIBLE CHILD.  (a)
  61-14  The amount of the credit for wages paid by a corporation to an
  61-15  eligible child is equal to 10 percent of that portion of the wages
  61-16  the corporation paid to the eligible child or the commission for
  61-17  the benefit of the child.
  61-18        (b)  A corporation is eligible for the credit under this
  61-19  section only if it files, on or before the due date of its
  61-20  franchise tax report for the privilege period for which the credit
  61-21  is claimed, a written certification issued by the commission
  61-22  stating the amount of the wages that the corporation paid to an
  61-23  eligible child or to the commission for the benefit of the child
  61-24  during:
  61-25              (1)  the privilege period; and
  61-26              (2)  not more than six months of the preceding
  61-27  privilege period for wages for which a credit has not previously
  61-28  been claimed.
  61-29        (c)  A corporation is eligible for the credit under this
  61-30  section only if the eligible child to whom or for whose benefit it
  61-31  pays wages has been continuously employed by the corporation for
  61-32  not less than six months.
  61-33        Sec. 171.684.  CREDIT FOR WAGES PAID TO EMPLOYEE WHO WAS AN
  61-34  ELIGIBLE CHILD.  (a)  The amount of the credit for wages paid by a
  61-35  corporation to an employee who was first employed by the
  61-36  corporation when the employee was an eligible child is equal to 10
  61-37  percent of the wages paid the employee.
  61-38        (b)  A corporation is eligible for the credit under this
  61-39  section only if:
  61-40              (1)  the employee who was formerly an eligible child
  61-41  was continuously employed for not less than six months while an
  61-42  eligible child and has been continuously employed by the
  61-43  corporation for at least one year after the date that the employee
  61-44  was released from commitment to the commission or released under
  61-45  supervision by the commission; and
  61-46              (2)  the nature of the employment is substantially
  61-47  similar to the employment the employee had with the corporation
  61-48  when the employee was an eligible child or the employment requires
  61-49  more skills or provides greater opportunities for the employee.
  61-50        (c)  A corporation may claim a credit under this section only
  61-51  for:
  61-52              (1)  wages paid an employee after the employee has been
  61-53  employed by the corporation for more than one year after the
  61-54  earlier of the date of the employee's release from commitment to
  61-55  the commission or release under supervision by the commission; and
  61-56              (2)  wages paid the employee for not longer than one
  61-57  year.
  61-58        Sec. 171.685.  LIMITATION.  The total credits claimed under
  61-59  this subchapter for a privilege period may not exceed 50 percent of
  61-60  the amount of net franchise tax due for the privilege period after
  61-61  any other applicable tax credits.
  61-62        Sec. 171.686.  APPLICATION FOR CREDIT.  (a)  A corporation
  61-63  must apply for a credit under this subchapter on or with the tax
  61-64  report for the period for which the credit is claimed.
  61-65        (b)  The comptroller shall promulgate a form for the
  61-66  application for the credit.  A corporation must use this form in
  61-67  applying for the credit.
  61-68        Sec. 171.687.  PERIOD FOR WHICH CREDIT MAY BE CLAIMED.  A
  61-69  corporation may claim a credit under this subchapter for wages paid
  61-70  during an accounting period only against the tax owed for the
   62-1  corresponding privilege period.
   62-2        SECTION 92.  Article 4413(503), Revised Statutes, is amended
   62-3  by adding Section 16 to read as follows:
   62-4        Sec. 16.  COMMUNITY YOUTH DEVELOPMENT GRANTS.  Subject to
   62-5  available funding, the department shall award community youth
   62-6  development grants to identified communities by incidence of crime.
   62-7  These grants are for the purpose of assisting communities in
   62-8  alleviating family and community conditions that lead to juvenile
   62-9  crime.  The department shall give priority in awarding grants under
  62-10  this section to areas of the state in which there is a high
  62-11  incidence of crime committed by children.
  62-12        SECTION 93.  (a)  Sections 51.14, 51.15, 51.16, and
  62-13  53.045(e), Family Code, are repealed.
  62-14        (b)  Section 264.204, Family Code, as added by H.B. No. 655,
  62-15  Acts of the 74th Legislature, Regular Session, 1995, is repealed.
  62-16        SECTION 94.  Not later than January 31, 1996, a juvenile
  62-17  board shall appoint a prosecuting attorney as a member of the board
  62-18  as required by Section 152.00325, Human Resources Code, as added by
  62-19  this Act.
  62-20        SECTION 95.  Not later than April 31, 1996, the Texas Youth
  62-21  Commission and the pardons and paroles division of the Texas
  62-22  Department of Criminal Justice shall enter into a memorandum of
  62-23  understanding in accordance with Section 29(k), Article 42.18, Code
  62-24  of Criminal Procedure, as added by this Act.
  62-25        SECTION 96.  A corporation may claim the credit under
  62-26  Subchapter M, Chapter 171, Tax Code, as added by this Act, only for
  62-27  any wages paid or incurred on or after the effective date of this
  62-28  Act and only on a franchise tax report due under Chapter 171, Tax
  62-29  Code, on or after January 1, 1996.
  62-30        SECTION 97.  (a)  The Texas Juvenile Probation Commission
  62-31  shall promulgate rules to ensure that funds appropriated to the
  62-32  commission by the General Appropriations Act, 74th Legislature,
  62-33  Regular Session, 1995, for the purpose of implementing progressive
  62-34  sanctions or basic state aid not be used by local juvenile
  62-35  probation departments to supplant local contributions for juvenile
  62-36  justice and corrections programs.
  62-37        (b)  The Texas Juvenile Probation Commission shall review the
  62-38  financial records of juvenile probation departments for evidence of
  62-39  supplantation as part of regular and periodic fiscal or program
  62-40  audits and, on a finding of supplantation by a department, shall
  62-41  reduce the next scheduled grant to the department by the amount of
  62-42  funds supplanted.
  62-43        (c)  Supplantation includes a finding by the Texas Juvenile
  62-44  Probation Commission that a juvenile probation department's per
  62-45  employee average compensation and benefit package has increased
  62-46  without a corresponding increase in total local funding.
  62-47        (d)  A juvenile board is eligible to receive basic and
  62-48  diversion services funding only if the board demonstrates to the
  62-49  satisfaction of the Texas Juvenile Probation Commission that the
  62-50  amount of local or county money budgeted for juvenile services for
  62-51  the county fiscal year, excluding construction and capital outlay
  62-52  expenses, equals or is greater than the amount spent for those
  62-53  services in the 1994 county fiscal year.
  62-54        SECTION 98.  (a)  An amendment to any provision of Title 3,
  62-55  Family Code, made by another Act of the 74th Legislature, Regular
  62-56  Session, 1995, applies only to conduct that occurs on or after the
  62-57  effective date of the other Act and before January 1, 1996.  The
  62-58  amendment made by the other Act continues in effect only for the
  62-59  limited purpose of the prosecution of the conduct committed before
  62-60  January 1, 1996.
  62-61        (b)  For purposes of this section, conduct violating the
  62-62  penal law of this state occurs before January 1, 1996, only if
  62-63  every element of the violation occurs before that date.
  62-64        SECTION 99.  (a)  This Act takes effect January 1, 1996.
  62-65        (b)  This Act applies only to conduct that occurs on or after
  62-66  the effective date of this Act.  Conduct violating the penal law of
  62-67  this state occurs on or after the effective date of this Act if
  62-68  every element of the violation occurs on or after that date.
  62-69        (c)  Conduct that occurs before the effective date of this
  62-70  Act is governed by the law in effect at the time the conduct
   63-1  occurred, and that law is continued in effect for that purpose.
   63-2        (d)  This Act applies only to the appeal under Chapter 56,
   63-3  Family Code, of an order by a juvenile court rendered on or after
   63-4  the effective date of this Act.  The appeal of an order rendered
   63-5  before the effective date of this Act is governed by the law in
   63-6  effect at the time the order was rendered, and that law is
   63-7  continued in effect for that purpose.
   63-8        (e)  Section 54.02, Family Code, as amended by this Act, does
   63-9  not require the juvenile court to transfer a person to a court of
  63-10  criminal jurisdiction because the person has been transferred to a
  63-11  criminal court for an offense before the effective date of this
  63-12  Act.
  63-13        SECTION 100.  A designation by a municipality of a juvenile
  63-14  curfew processing office for the detention of a person who is
  63-15  alleged to have violated a curfew ordinance made before the
  63-16  effective date of this Act is validated if the processing office
  63-17  otherwise meets the requirements of Section 52.028, Family Code, as
  63-18  added by this Act.
  63-19        SECTION 101.  The importance of this legislation and the
  63-20  crowded condition of the calendars in both houses create an
  63-21  emergency and an imperative public necessity that the
  63-22  constitutional rule requiring bills to be read on three several
  63-23  days in each house be suspended, and this rule is hereby suspended.
  63-24                               * * * * *