By Thompson H.B. No. 671
74R2647 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of justice and municipal courts over
1-3 certain misdemeanor offenses committed by a child and to the
1-4 punishment for those offenses.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 54.021, Family Code, is amended by
1-7 amending the heading and Subsections (a), (b), (c), (d), and (e)
1-8 and by adding Subsections (i), (j), and (k) to read as follows:
1-9 Sec. 54.021. JUSTICE OR MUNICIPAL COURT: TRUANCY. (a) The
1-10 juvenile court may waive its exclusive original jurisdiction and
1-11 transfer a child to an appropriate justice or municipal court, with
1-12 the permission of the justice or municipal court, for disposition
1-13 in the manner provided by Subsection (b) of this section if the
1-14 child is alleged to have engaged in conduct described in Section
1-15 51.03(b)(2) of this code. A waiver of jurisdiction under this
1-16 subsection may be for an individual case or for all cases in which
1-17 a child is alleged to have engaged in conduct described in Section
1-18 51.03(b)(2) of this code. The waiver of a juvenile court's
1-19 exclusive original jurisdiction for all cases in which a child is
1-20 alleged to have engaged in conduct described in Section 51.03(b)(2)
1-21 of this code is effective for a period of one year.
1-22 (b) A justice or municipal court may exercise jurisdiction
1-23 over a child alleged to have engaged in conduct indicating a need
1-24 for supervision by engaging in conduct described in Section
2-1 51.03(b)(2) in a case where the juvenile court has waived its
2-2 original jurisdiction under this section. A justice or municipal
2-3 court may exercise jurisdiction under this section without regard
2-4 to whether the justice of the peace or municipal judge for the
2-5 court is a licensed attorney or the hearing for a case is before a
2-6 jury consisting of six persons.
2-7 (c) On a finding that a child has engaged in conduct
2-8 described by Section 51.03(b)(2), the justice or municipal court
2-9 shall enter an order appropriate to the nature of the conduct.
2-10 (d) On a finding by the justice or municipal court that the
2-11 child has engaged in truant conduct and that the conduct is of a
2-12 recurrent nature, the court may enter an order that includes one or
2-13 more of the following provisions requiring that:
2-14 (1) the child attend a preparatory class for the high
2-15 school equivalency examination provided under Section 11.35,
2-16 Education Code, if the court determines that the child is too old
2-17 to do well in a formal classroom environment;
2-18 (2) the child attend a special program that the court
2-19 determines to be in the best interests of the child, including an
2-20 alcohol and drug abuse program;
2-21 (3) the child and the child's parents, managing
2-22 conservator, or guardian attend a class for students at risk of
2-23 dropping out of school designed for both the child and the child's
2-24 parents, managing conservator, or guardian;
2-25 (4) the child complete reasonable community service
2-26 requirements;
2-27 (5) the child's driver's license be suspended in the
3-1 manner provided by Section 54.042 of this code;
3-2 (6) the child attend school without unexcused
3-3 absences; or
3-4 (7) the child participate in a tutorial program
3-5 provided by the school attended by the child in the academic
3-6 subjects in which the child is enrolled for a total number of hours
3-7 ordered by the court.
3-8 (e) An order under Subsection (d) or (i) of this section is
3-9 enforceable in the justice or municipal court by contempt.
3-10 (i) On a finding by a justice or municipal court that the
3-11 child has engaged in truant conduct and that the conduct is of a
3-12 recurrent nature, the court may enter an order that includes one or
3-13 more of the following provisions, in addition to the provisions
3-14 listed under Subsection (d), requiring that:
3-15 (1) the child attend a special program that the court
3-16 determines to be in the best interest of the child and that is
3-17 approved by the county commissioners court, including a house
3-18 arrest, electronic monitoring, wilderness survival training,
3-19 temporary shock detention, intensive probation supervision,
3-20 mentoring, or temporary group home program;
3-21 (2) the child's parents, managing conservator, or
3-22 guardian attend a parenting class or parental responsibility
3-23 program, if the court finds the parent, managing conservator, or
3-24 guardian, by wilful act or omission, contributed to, caused, or
3-25 encouraged the child's conduct; or
3-26 (3) the child and the child's parents, managing
3-27 conservator, or guardian attend the child's school classes or
4-1 functions, if the court finds the parent, managing conservator, or
4-2 guardian, by wilful act or omission, contributed to, caused, or
4-3 encouraged the child's conduct.
4-4 (j) The justice or municipal court may order the parents,
4-5 managing conservator, or guardian of a child required to attend a
4-6 program under Subsection (d) or (i) to pay an amount not greater
4-7 than $100 to pay for the costs of the program.
4-8 (k) A justice or municipal court may require a child,
4-9 parent, managing conservator, or guardian required to attend a
4-10 program, class, or function under this section to submit proof of
4-11 attendance to the court.
4-12 SECTION 2. Chapter 54, Family Code, is amended by adding
4-13 Section 54.022 to read as follows:
4-14 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN
4-15 MISDEMEANORS. (a) On a finding by a justice or municipal court
4-16 that a child committed a misdemeanor offense punishable by fine
4-17 only other than a traffic offense or public intoxication or
4-18 committed a violation of a penal ordinance of a political
4-19 subdivision other than a traffic offense, the court may enter an
4-20 order requiring that the child attend a special program that the
4-21 court determines to be in the best interest of the child and that
4-22 is approved by the county commissioners court, including a
4-23 rehabilitation, counseling, self-esteem and leadership, work and
4-24 job skills training, job interviewing and work preparation,
4-25 self-improvement, parenting, manners, violence avoidance, tutoring,
4-26 sensitivity training, parental responsibility, community service,
4-27 or restitution program.
5-1 (b) On a finding by a justice or municipal court that a
5-2 child committed an offense described by Subsection (a) and that the
5-3 child has previously been convicted of an offense described by
5-4 Subsection (a), the court may enter an order that includes one or
5-5 more of the following provisions, in addition to the provisions
5-6 under Subsection (a), requiring that:
5-7 (1) the child attend a special program that the court
5-8 determines to be in the best interest of the child and that is
5-9 approved by the county commissioners court, including a house
5-10 arrest, electronic monitoring, wilderness survival training,
5-11 temporary shock detention, intensive probation supervision,
5-12 mentoring, or temporary group home program;
5-13 (2) the child's parents, managing conservator, or
5-14 guardian attend a parenting class or parental responsibility
5-15 program, if the court finds the parent, managing conservator, or
5-16 guardian, by wilful act or omission, contributed to, caused, or
5-17 encouraged the child's conduct; or
5-18 (3) the child and the child's parents, managing
5-19 conservator, or guardian attend the child's school classes or
5-20 functions, if the court finds the parent, managing conservator, or
5-21 guardian, by wilful act or omission, contributed to, caused, or
5-22 encouraged the child's conduct.
5-23 (c) The justice or municipal court may order the parents,
5-24 managing conservator, or guardian of a child required to attend a
5-25 program under Subsection (a) or (b) to pay an amount not greater
5-26 than $100 to pay for the costs of the program.
5-27 (d) A justice or municipal court may require a child,
6-1 parent, managing conservator, or guardian required to attend a
6-2 program, class, or function under this section to submit proof of
6-3 attendance to the court.
6-4 (e) A justice or municipal court shall endorse on the
6-5 summons issued to a parent, managing conservator, or guardian of
6-6 the child who is the subject of a hearing under this section an
6-7 order directing the parent, managing conservator, or guardian to
6-8 appear personally at the hearing with the child.
6-9 (f) An order under this section is enforceable by the
6-10 justice or municipal court by contempt.
6-11 SECTION 3. (a) The change in law made by this Act applies
6-12 only to conduct violating a penal law that occurs on or after the
6-13 effective date of this Act. For purposes of this section, conduct
6-14 violating a penal law occurs before the effective date of this Act
6-15 if any element of the violation occurs before the effective date.
6-16 (b) Conduct violating a penal law that occurs before the
6-17 effective date of this Act is covered by the law in effect when the
6-18 conduct occurred, and the former law is continued in effect for
6-19 that purpose.
6-20 SECTION 4. This Act takes effect September 1, 1995.
6-21 SECTION 5. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.