74R9554 DD-D
          By Longoria                                           H.B. No. 2895
          Substitute the following for H.B. No. 2895:
          By Culberson                                      C.S.H.B. No. 2895
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the establishment of boot camp programs by the Texas
    1-3  Youth Commission and participation in boot camp programs by certain
    1-4  juvenile offenders.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 54.04, Family Code, is amended by
    1-7  amending Subsection (d) and adding Subsection (m) to read as
    1-8  follows:
    1-9        (d)  If the court or jury makes the finding specified in
   1-10  Subsection (c) of this section allowing the court to make a
   1-11  disposition in the case:
   1-12              (1)  the court or jury may, in addition to any order
   1-13  required or authorized under Section 54.041 or 54.042 of this code,
   1-14  place the child on probation on such reasonable and lawful terms as
   1-15  the court may determine:
   1-16                    (A)  in his own home or in the custody of a
   1-17  relative or other fit person; or
   1-18                    (B)  subject to the finding under Subsection (c)
   1-19  of this section on the placement of the child outside the child's
   1-20  home, in:
   1-21                          (i)  a suitable foster home; or
   1-22                          (ii)  a suitable public or private
   1-23  institution or agency, except the Texas Youth Commission;
   1-24              (2)  if the court or jury found at the conclusion of
    2-1  the adjudication hearing that the child engaged in delinquent
    2-2  conduct and if the petition was not approved by the grand jury
    2-3  under Section 53.045 of this code, the court may commit the child
    2-4  to the Texas Youth Commission without a determinate sentence; <or>
    2-5              (3)  if the court or jury found at the conclusion of
    2-6  the adjudication hearing that the child engaged in delinquent
    2-7  conduct that included a violation of a penal law listed in Section
    2-8  53.045(a) of this code and if the petition was approved by the
    2-9  grand jury under Section 53.045 of this code, the court or jury may
   2-10  sentence the child to commitment in the Texas Youth Commission with
   2-11  a transfer to the institutional division of the Texas Department of
   2-12  Criminal Justice for any term of years not to exceed 40 years; or
   2-13              (4)  the court may commit the child to a boot camp
   2-14  program if the court or jury found at the conclusion of the
   2-15  adjudication hearing that the child:
   2-16                    (A)  engaged in conduct constituting a
   2-17  misdemeanor punishable by confinement in jail;
   2-18                    (B)  has on at least two previous occasions been
   2-19  finally adjudicated for conduct constituting a misdemeanor
   2-20  punishable by confinement in jail and at least one of the previous
   2-21  final adjudications is for conduct that occurred after the date
   2-22  another previous adjudication was rendered, if that adjudication
   2-23  became final;
   2-24                    (C)  has not successfully completed a boot camp
   2-25  program in the two years preceding the date the alleged conduct
   2-26  occurred; and
   2-27                    (D)  can reasonably be expected, as determined by
    3-1  the court, to complete a boot camp program.
    3-2        (m)  On the request of a court that makes a disposition under
    3-3  Subsection (d)(4), the Texas Youth Commission shall provide the
    3-4  court with a list of suitable boot camp programs for a child to
    3-5  attend, including regional boot camp programs established by the
    3-6  commission under Section 61.096, Human Resources Code.
    3-7        SECTION 2.  Subchapter G, Chapter 61, Human Resources Code,
    3-8  is amended by adding Section 61.096 to read as follows:
    3-9        Sec. 61.096.  REGIONAL BOOT CAMP PROGRAMS.  (a)  The
   3-10  commission shall establish boot camp programs in the various
   3-11  regions of the state to rehabilitate children in the juvenile
   3-12  justice system who repeatedly engage in conduct constituting a
   3-13  misdemeanor.
   3-14        (b)  A child shall participate in a program established under
   3-15  this section if the child is committed to a boot camp program under
   3-16  Section 54.04(d)(4), Family Code.
   3-17        (c)  The programs shall provide:
   3-18              (1)  a highly structured, military-style setting;
   3-19              (2)  vocational training;
   3-20              (3)  counseling to prevent substance abuse;
   3-21              (4)  physical fitness training; and
   3-22              (5)  services that promote the well-being and the
   3-23  positive self-esteem of program participants.
   3-24        (d)  In addition to the requirements of Subsection (c), the
   3-25  commission shall cooperate with local school districts to provide
   3-26  education services for children participating in a program.
   3-27        (e)  The commission shall establish guidelines designed to
    4-1  enable a child to successfully complete a program established under
    4-2  this section.
    4-3        (f)  The commission shall cooperate with authorities in
    4-4  counties where a boot camp program is or may be located for the
    4-5  operation of the program.
    4-6        (g)  The commission shall use existing facilities, if
    4-7  available, for the operation of a boot camp program.
    4-8        (h)  The commission may accept gifts, grants, or matching
    4-9  funds from a public or private source to carry out its duties under
   4-10  this section.
   4-11        SECTION 3.  (a)  The change in law made by this Act applies
   4-12  only to conduct that occurs on or after the effective date of this
   4-13  Act.  Conduct violating a penal law of the state occurs on or after
   4-14  the effective date of this Act if every element of the violation
   4-15  occurs on or after that date.
   4-16        (b)  Conduct that occurs before the effective date of this
   4-17  Act is covered by the law in effect at the time the conduct
   4-18  occurred, and the former law is continued in effect for that
   4-19  purpose.
   4-20        SECTION 4.  This Act takes effect September 1, 1995.
   4-21        SECTION 5.  The importance of this legislation and the
   4-22  crowded condition of the calendars in both houses create an
   4-23  emergency and an imperative public necessity that the
   4-24  constitutional rule requiring bills to be read on three several
   4-25  days in each house be suspended, and this rule is hereby suspended.