By Jones of Dallas                                     H.B. No. 791
       74R288 DAK-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the disposition of children who engage in certain
    1-3  delinquent conduct on three or more occasions.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 54.04, Family Code, is amended by
    1-6  amending Subsection (d) and adding Subsection (m) to read as
    1-7  follows:
    1-8        (d)  Except as provided by Subsection (m), if  <If> the court
    1-9  or jury makes the finding specified in Subsection (c) of this
   1-10  section allowing the court to make a disposition in the case:
   1-11              (1)  the court or jury may, in addition to any order
   1-12  required or authorized under Section 54.041 or 54.042 of this code,
   1-13  place the child on probation on such reasonable and lawful terms as
   1-14  the court may determine:
   1-15                    (A)  in his own home or in the custody of a
   1-16  relative or other fit person; or
   1-17                    (B)  subject to the finding under Subsection (c)
   1-18  of this section on the placement of the child outside the child's
   1-19  home, in:
   1-20                          (i)  a suitable foster home; or
   1-21                          (ii)  a suitable public or private
   1-22  institution or agency, except the Texas Youth Commission;
   1-23              (2)  if the court or jury found at the conclusion of
   1-24  the adjudication hearing that the child engaged in delinquent
    2-1  conduct and if the petition was not approved by the grand jury
    2-2  under Section 53.045 of this code, the court may commit the child
    2-3  to the Texas Youth Commission without a determinate sentence; or
    2-4              (3)  if the court or jury found at the conclusion of
    2-5  the adjudication hearing that the child engaged in delinquent
    2-6  conduct that included a violation of a penal law listed in Section
    2-7  53.045(a) of this code and if the petition was approved by the
    2-8  grand jury under Section 53.045 of this code, the court or jury may
    2-9  sentence the child to commitment in the Texas Youth Commission with
   2-10  a transfer to the institutional division of the Texas Department of
   2-11  Criminal Justice for any term of years not to exceed 40 years.
   2-12        (m)  The court shall commit the child to the Texas Youth
   2-13  Commission without a determinate sentence if:
   2-14              (1)  the court or jury makes the finding specified in
   2-15  Subsection (c);
   2-16              (2)  the court or jury found at the conclusion of the
   2-17  adjudication hearing that the child engaged in delinquent conduct
   2-18  that violates any of the provisions listed under Subdivision (3);
   2-19  and
   2-20              (3)  the child has on two previous occasions been
   2-21  adjudicated as having engaged in delinquent conduct that violates
   2-22  any of the following provisions:
   2-23                    (A)  Section 29.02, Penal Code (robbery);
   2-24                    (B)  Section 31.07, Penal Code (unauthorized use
   2-25  of a vehicle); or
   2-26                    (C)  Sections 481.112-481.123, Health and Safety
   2-27  Code (manufacture, delivery, or possession of a controlled
    3-1  substance, controlled substance analogue, or marihuana).
    3-2        SECTION 2.  (a)  This Act takes effect September 1, 1995, and
    3-3  applies only to conduct that occurs on or after that date.  Conduct
    3-4  violating the penal law of this state occurs on or after the
    3-5  effective date of this Act if every element of the violation occurs
    3-6  on or after that date.
    3-7        (b)  Conduct that occurs before the effective date of this
    3-8  Act is governed by the law in effect at the time the conduct
    3-9  occurred, and that law is continued in effect for that purpose.
   3-10        SECTION 3.  The importance of this legislation and the
   3-11  crowded condition of the calendars in both houses create an
   3-12  emergency and an imperative public necessity that the
   3-13  constitutional rule requiring bills to be read on three several
   3-14  days in each house be suspended, and this rule is hereby suspended.