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.