H.R. No. 1049
R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 74th Legislature, Regular Session, 1995, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 327 to consider and take
1-6 action on the following matters:
1-7 (1) House Rule 13, Sections 9(a)(1) and (4), are suspended
1-8 to permit the committee to amend and add text in Section 51.02,
1-9 Family Code, to read as follows:
1-10 Sec. 51.02. DEFINITIONS. In this title:
1-11 (1) "Aggravated controlled substance felony" means an
1-12 offense under Subchapter D, Chapter 481, Health and Safety Code,
1-13 that is punishable by:
1-14 (A) a minimum term of confinement that is longer
1-15 than the minimum term of confinement for a felony of the first
1-16 degree; or
1-17 (B) a maximum fine that is greater than the
1-18 maximum fine for a felony of the first degree.
1-19 (2) <(1)> "Child" means a person who is:
1-20 (A) ten years of age or older and under 17 years
1-21 of age; or
1-22 (B) seventeen years of age or older and under 18
1-23 years of age who is alleged or found to have engaged in delinquent
1-24 conduct or conduct indicating a need for supervision as a result of
2-1 acts committed before becoming 17 years of age.
2-2 (3) <(4)> "Custodian" means the adult with whom the
2-3 child resides.
2-4 (4) <(3)> "Guardian" means the person who, under court
2-5 order, is the guardian of the person of the child or the public or
2-6 private agency with whom the child has been placed by a court.
2-7 (5) <(6)> "Judge" or "juvenile court judge" means the
2-8 judge of a juvenile court.
2-9 (6) <(5)> "Juvenile court" means a court designated
2-10 under Section 51.04 of this code to exercise jurisdiction over
2-11 proceedings under this title.
2-12 (7) <(8)> "Law-enforcement officer" means a peace
2-13 officer as defined by Article 2.12, <Texas> Code of Criminal
2-14 Procedure.
2-15 (8) "Nonoffender" means a child who:
2-16 (A) is subject to jurisdiction of a court under
2-17 abuse, dependency, or neglect statutes under Title 5 for reasons
2-18 other than legally prohibited conduct of the child; or
2-19 (B) has been taken into custody and is being
2-20 held solely for deportation out of the United States.
2-21 (9) <(2)> "Parent" means the mother, the father
2-22 whether or not the child is legitimate, or an adoptive parent, but
2-23 does not include a parent whose parental rights have been
2-24 terminated.
2-25 (10) "Party" means the state, a child who is the
2-26 subject of proceedings under this subtitle, or the child's parent,
2-27 spouse, guardian, or guardian ad litem.
3-1 (11) <(7)> "Prosecuting attorney" means the county
3-2 attorney, district attorney, or other attorney who regularly serves
3-3 in a prosecutory capacity in a juvenile court.
3-4 (12) "Referral to juvenile court" means the referral
3-5 of a child or a child's case to the office or official, including
3-6 an intake officer or probation officer, designated by the juvenile
3-7 court to process children within the juvenile justice system.
3-8 (13) "Secure correctional facility" means any public
3-9 or private residential facility, including an alcohol or other drug
3-10 treatment facility, that:
3-11 (A) includes construction fixtures designed to
3-12 physically restrict the movements and activities of juveniles or
3-13 other individuals held in lawful custody in the facility; and
3-14 (B) is used for the placement of any juvenile
3-15 who has been adjudicated as having committed an offense, any
3-16 nonoffender, or any other individual convicted of a criminal
3-17 offense.
3-18 (14) "Secure detention facility" means any public or
3-19 private residential facility that:
3-20 (A) includes construction fixtures designed to
3-21 physically restrict the movements and activities of juveniles or
3-22 other individuals held in lawful custody in the facility; and
3-23 (B) is used for the temporary placement of any
3-24 juvenile who is accused of having committed an offense, any
3-25 nonoffender, or any other individual accused of having committed a
3-26 criminal offense.
3-27 (15) "Status offender" means a child who is accused,
4-1 adjudicated, or convicted for conduct that would not, under state
4-2 law, be a crime if committed by an adult, including:
4-3 (A) truancy under Section 51.03(b)(2);
4-4 (B) running away from home under Section
4-5 51.03(b)(3);
4-6 (C) a fineable only offense under Section
4-7 51.03(b)(1) transferred to the juvenile court under Section
4-8 51.08(b), but only if the conduct constituting the offense would
4-9 not have been criminal if engaged in by an adult;
4-10 (D) failure to attend school under Section
4-11 4.251, Education Code;
4-12 (E) a violation of standards of student conduct
4-13 as described by Section 51.03(b)(6);
4-14 (F) a violation of a juvenile curfew ordinance
4-15 or order;
4-16 (G) a violation of a provision of the Alcoholic
4-17 Beverage Code applicable to minors only; or
4-18 (H) a violation of any other fineable only
4-19 offense under Section 8.07(a)(4) or (5), Penal Code, but only if
4-20 the conduct constituting the offense would not have been criminal
4-21 if engaged in by an adult.
4-22 (16) <(9)> "Traffic offense" means:
4-23 (A) a violation of a penal statute cognizable
4-24 under Chapter 302, Acts of the 55th Legislature, Regular Session,
4-25 1957, as amended (Article 6701l-4 <802e>, Vernon's Texas Civil
4-26 Statutes <Penal Code>); or
4-27 (B) a violation of a motor vehicle traffic
5-1 ordinance of an incorporated city or town in this state.
5-2 (17) "Valid court order" means a court order entered
5-3 under Section 54.04 concerning a child adjudicated to have engaged
5-4 in conduct indicating a need for supervision as a status offender.
5-5 Explanation: The change is made to amend all of Section
5-6 51.02, Family Code, to alphabetize the definitions for the
5-7 convenience of the reader, to add a new definition of "Referral to
5-8 juvenile court" to clarify the meaning of the law, and to add
5-9 additional language to the definitions to conform them to the
5-10 operative provisions of the bill.
5-11 (2) House Rule 13, Section 9(a)(3), is suspended to permit
5-12 the committee to add text in Section 51.09(b), Family Code, to read
5-13 as follows:
5-14 (b) Notwithstanding any of the provisions of Subsection (a)
5-15 of this section, the statement of a child is admissible in evidence
5-16 in any future proceeding concerning the matter about which the
5-17 statement was given if:
5-18 (1) when the child is in a detention facility or other
5-19 place of confinement or in the custody of an officer, the statement
5-20 is made in writing and the statement shows that the child has at
5-21 some time prior to the making thereof received from a magistrate a
5-22 warning that:
5-23 (A) the child may remain silent and not make any
5-24 statement at all and that any statement that the child makes may be
5-25 used in evidence against the child;
5-26 (B) the child has the right to have an attorney
5-27 present to advise the child either prior to any questioning or
6-1 during the questioning;
6-2 (C) if the child is unable to employ an
6-3 attorney, the child has the right to have an attorney appointed to
6-4 counsel with the child prior to or during any interviews with peace
6-5 officers or attorneys representing the state;
6-6 (D) the child has the right to terminate the
6-7 interview at any time;
6-8 (E) if the child is 14 <15> years of age or
6-9 older at the time of the violation of a penal law of the grade of
6-10 capital felony, aggravated controlled substance felony, or felony
6-11 of the first degree, or is 15 years of age or older at the time of
6-12 the violation of a penal law of the grade of felony of the second
6-13 or third degree or a state jail felony, the juvenile court may
6-14 waive its jurisdiction and the child may be tried as an adult,
6-15 except that if the child has previously been transferred to a
6-16 district court or criminal district court for criminal proceedings
6-17 and has violated a penal law of the grade of felony, the juvenile
6-18 court is required to waive its jurisdiction and the child can be
6-19 tried as an adult;
6-20 (F) the child may be sentenced to commitment in
6-21 the Texas Youth Commission with a possible transfer to the
6-22 institutional division or the pardons and paroles division of the
6-23 Texas Department of Criminal Justice for a maximum term of <not to
6-24 exceed> 40 years for a capital felony, felony of the first degree,
6-25 or aggravated controlled substance felony, 20 years for a felony of
6-26 the second degree, or 10 years for a felony of the third degree if
6-27 the child is found to have engaged in habitual felony conduct by
7-1 violating a penal law of the grade of felony, other than a state
7-2 jail felony, if the child has at least two previous adjudications
7-3 as having engaged in delinquent conduct violating a penal law of
7-4 the grade of felony and the second previous adjudication is for
7-5 conduct that occurred after the date the first previous
7-6 adjudication became final, alleged in a petition approved by a
7-7 grand jury, or if the child is found to have engaged in delinquent
7-8 conduct, alleged in a petition approved by a grand jury, that
7-9 included:
7-10 (i) murder;
7-11 (ii) capital murder;
7-12 (iii) aggravated kidnapping;
7-13 (iv) sexual assault or aggravated sexual
7-14 assault;
7-15 (v) aggravated robbery;
7-16 (vi) aggravated assault <deadly assault on
7-17 a law enforcement officer, corrections officer, court participant,
7-18 or probation personnel>; <or>
7-19 (vii) injury to a child, elderly
7-20 individual, or disabled individual that is punishable as a felony,
7-21 other than a state jail felony, under Section 22.04, Penal Code;
7-22 (viii) deadly conduct defined by Section
7-23 22.05(b), Penal Code (discharging firearm at persons or certain
7-24 objects);
7-25 (ix) an offense that is a felony of the
7-26 first degree or an aggravated controlled substance felony under
7-27 Subchapter D, Chapter 481, Health and Safety Code (certain offenses
8-1 involving controlled substances);
8-2 (x) criminal solicitation;
8-3 (xi) indecency with a child that is
8-4 punishable under Section 21.11(a)(1), Penal Code;
8-5 (xii) criminal solicitation of a minor
8-6 (Section 15.031, Penal Code); or
8-7 (xiii) criminal attempt to commit any of
8-8 the offenses listed in Section 3g(a)(1), Article 42.12, Code of
8-9 Criminal Procedure, which include murder, capital murder, indecency
8-10 with a child, aggravated kidnapping, aggravated sexual assault, and
8-11 aggravated robbery <(vi) attempted capital murder>; and
8-12 (G) the statement must be signed in the presence
8-13 of a magistrate by the child with no law enforcement officer or
8-14 prosecuting attorney present, except that a magistrate may require
8-15 a bailiff or a law enforcement officer if a bailiff is not
8-16 available to be present if the magistrate determines that the
8-17 presence of the bailiff or law enforcement officer is necessary for
8-18 the personal safety of the magistrate or other court personnel,
8-19 provided that the bailiff or law enforcement officer may not carry
8-20 a weapon in the presence of the child. The magistrate must be
8-21 fully convinced that the child understands the nature and contents
8-22 of the statement and that the child is signing the same
8-23 voluntarily. If such a statement is taken, the magistrate shall
8-24 sign a written statement verifying the foregoing requisites have
8-25 been met.
8-26 The child must knowingly, intelligently, and voluntarily
8-27 waive these rights prior to and during the making of the statement
9-1 and sign the statement in the presence of a magistrate who must
9-2 certify that he has examined the child independent of any law
9-3 enforcement officer or prosecuting attorney, except as required to
9-4 ensure the personal safety of the magistrate or other court
9-5 personnel, and has determined that the child understands the nature
9-6 and contents of the statement and has knowingly, intelligently, and
9-7 voluntarily waived these rights.
9-8 (2) it be made orally and the child makes a statement
9-9 of facts or circumstances that are found to be true, which conduct
9-10 tends to establish his guilt, such as the finding of secreted or
9-11 stolen property, or the instrument with which he states the offense
9-12 was committed.
9-13 (3) the statement was res gestae of the delinquent
9-14 conduct or the conduct indicating a need for supervision or of the
9-15 arrest.
9-16 Explanation: The changes are made to include a reference to
9-17 aggravated controlled substance felony in a manner consistent with
9-18 the other provisions of the bill, to improve the clarity of the
9-19 section, and to enumerate those offenses included in Section
9-20 3g(a)(1), Article 42.12, Code of Criminal Procedure.
9-21 (3) House Rule 13, Sections 9(a)(1) and (2), are suspended
9-22 to permit the committee to amend text in Section 51.09(c), Family
9-23 Code, to read as follows:
9-24 (c) A warning under Subsection (b)(1)(E) or <Subsection>
9-25 (b)(1)(F) <of this section> is required only when applicable to the
9-26 facts of the case. A failure to warn a child under Subsection
9-27 (b)(1)(E) <of this section> does not render a statement made by the
10-1 child inadmissible unless the child is transferred to a <criminal>
10-2 district court under Section 54.02 <of this code>. A failure to
10-3 warn a child under Subsection (b)(1)(F) <of this section> does not
10-4 render a statement made by the child inadmissible unless the state
10-5 proceeds against the child on a petition approved by a grand jury
10-6 under Section 53.045 <of this code>.
10-7 Explanation: The change is to amend the reference to
10-8 criminal district court by striking "criminal" to conform the text
10-9 to the other provisions of the bill.
10-10 (4) House Rule 13, Section 9(a)(4), is suspended to permit
10-11 the committee to add text in Section 51.116, Family Code, to read
10-12 as follows:
10-13 Sec. 51.116. RIGHT TO REEMPLOYMENT. (a) An employer may
10-14 not terminate the employment of a permanent employee because the
10-15 employee is required under Section 51.115 to attend a hearing.
10-16 (b) An employee whose employment is terminated in violation
10-17 of this section is entitled to return to the same employment that
10-18 the employee held when notified of the hearing if the employee, as
10-19 soon as practical after the hearing, gives the employer actual
10-20 notice that the employee intends to return.
10-21 (c) A person who is injured because of a violation of this
10-22 section is entitled to reinstatement to the person's former
10-23 position and to damages, but the damages may not exceed an amount
10-24 equal to six months' compensation at the rate at which the person
10-25 was compensated when required to attend the hearing.
10-26 (d) The injured person is also entitled to reasonable
10-27 attorney's fees in an amount approved by the court.
11-1 (e) It is a defense to an action brought under this section
11-2 that the employer's circumstances changed while the employee
11-3 attended the hearing so that reemployment was impossible or
11-4 unreasonable. To establish a defense under this subsection, an
11-5 employer must prove that the termination of employment was because
11-6 of circumstances other than the employee's attendance at the
11-7 hearing.
11-8 Explanation: The change is made to implement the decision of
11-9 the conference committee to provide sanctions for employers who
11-10 terminate the employment of their employees for attending certain
11-11 hearings as required by other provisions of the bill.
11-12 (5) House Rule 13, Section 9(a)(3), is suspended to permit
11-13 the committee to add text in Section 51.12(c), Family Code, to read
11-14 as follows:
11-15 (c) In each county, the judge of the juvenile court and the
11-16 members of the juvenile board shall personally inspect the
11-17 detention facilities and any public or private secure correctional
11-18 facilities used for post-adjudication confinement that are located
11-19 in the county and operated under authority of the juvenile board at
11-20 least annually and shall certify in writing to the authorities
11-21 responsible for operating and giving financial support to the
11-22 facilities and to the Texas Juvenile Probation Commission that they
11-23 are suitable or unsuitable for the detention of children in
11-24 accordance with:
11-25 (1) the requirements of Subsections <Subsection> (a),
11-26 (f), and (g) <of this section>; and
11-27 (2) minimum <the requirements of Subchapter A, Chapter
12-1 351, Local Government Code, if the detention facility is a county
12-2 jail; and>
12-3 <(3) recognized> professional standards for the
12-4 detention of children in pre-adjudication or post-adjudication
12-5 secure confinement <deemed appropriate by the board, which may
12-6 include minimum standards> promulgated by the Texas Juvenile
12-7 Probation Commission or, at the election of the juvenile board, the
12-8 current standards promulgated by the American Correctional
12-9 Association<. The juvenile board shall annually provide to the
12-10 Texas Juvenile Probation Commission a copy of the standards used
12-11 under this section>.
12-12 Explanation: The change is made to add "current" before the
12-13 reference to "standards promulgated by the American Correctional
12-14 Association" to ensure that the most recent standards are used.
12-15 (6) House Rule 13, Section 9(a)(4), is suspended to permit
12-16 the committee to add text in Section 52.041, Family Code, to read
12-17 as follows:
12-18 Sec. 52.041. REFERRAL OF CHILD TO JUVENILE COURT AFTER
12-19 EXPULSION. (a) A school district that expels a child shall refer
12-20 the child to juvenile court in the county in which the child
12-21 resides.
12-22 (b) The board of the school district or a person designated
12-23 by the board shall deliver a copy of the order expelling the
12-24 student and any other information required by Section 52.04 on or
12-25 before the second working day after the date of the expulsion
12-26 hearing to the authorized officer of the juvenile court.
12-27 Explanation: The change is made to require school boards to
13-1 refer any child who is expelled to the juvenile court within
13-2 certain time limits.
13-3 (7) House Rule 13, Section 9(a)(3), is suspended to permit
13-4 the committee to add text in Section 53.012(a), Family Code, to
13-5 read as follows:
13-6 (a) The prosecuting attorney shall promptly review the
13-7 circumstances and allegations of a referral made under Section
13-8 53.01 for legal sufficiency and the desirability of prosecution and
13-9 may file a petition without regard to whether probable cause was
13-10 found under Section 53.01.
13-11 Explanation: The change is made to conform the text to other
13-12 provisions of the bill.
13-13 (8) House Rule 13, Sections 9(a)(1) and (3), are suspended
13-14 to permit the committee to change and add text in Section 53.03(e),
13-15 Family Code, to read as follows:
13-16 (e) A prosecuting attorney may defer prosecution for any
13-17 child. A probation officer or other designated officer of the
13-18 court:
13-19 (1) may not defer prosecution for a child for a case
13-20 that is required to be forwarded to the prosecuting attorney under
13-21 Section 53.01(d); and
13-22 (2) may defer prosecution for a child who has
13-23 previously been adjudicated for conduct that constitutes a felony
13-24 only if the prosecuting attorney consents in writing.
13-25 Explanation: The change is made to conform the text to other
13-26 provisions of the bill.
13-27 (9) House Rule 13, Section 9(a)(1), is suspended to permit
14-1 the committee to amend text in Section 53.045(e), Family Code, to
14-2 read as follows:
14-3 (e) The prosecuting attorney may not refer a petition that
14-4 alleges the child engaged in conduct that violated Section
14-5 22.011(a)(2), Penal Code, or Sections 22.021(a)(1)(B) and (2)(B),
14-6 Penal Code, unless the child is more than three <two> years older
14-7 than the victim of the conduct.
14-8 Explanation: The change is made to conform to Section
14-9 22.011(e), Penal Code.
14-10 (10) House Rule 13, Section 9(a)(4), is suspended to permit
14-11 the committee to add text in Section 54.01(o), Family Code, to read
14-12 as follows:
14-13 (o) The court or referee shall find whether there is
14-14 probable cause to believe that a child taken into custody without
14-15 an arrest warrant or a directive to apprehend has engaged in
14-16 delinquent conduct or conduct indicating a need for supervision.
14-17 The court or referee must make the finding within 48 hours,
14-18 including weekends and holidays, of the time the child was taken
14-19 into custody. The court or referee may make the finding on any
14-20 reasonably reliable information without regard to admissibility of
14-21 that information under the Texas Rules of Criminal Evidence. A
14-22 finding of probable cause is required to detain a child after the
14-23 48th hour after the time the child was taken into custody. If a
14-24 court or referee finds probable cause, additional findings of
14-25 probable cause are not required in the same cause to authorize
14-26 further detention.
14-27 Explanation: The change is made to clarify procedures
15-1 relating to the detention of certain children.
15-2 (11) House Rule 13, Section 9(a)(4), is suspended to permit
15-3 the committee to add text in Section 54.02(n), Family Code, to read
15-4 as follows:
15-5 (n) A mandatory transfer under Subsection (m) may be made
15-6 without conducting the study required in discretionary transfer
15-7 proceedings by Subsection (d). The requirements of Subsection (b)
15-8 that the summons state that the purpose of the hearing is to
15-9 consider discretionary transfer to criminal court does not apply to
15-10 a transfer proceeding under Subsection (m). In a proceeding under
15-11 Subsection (m), it is sufficient that the summons provide fair
15-12 notice that the purpose of the hearing is to consider mandatory
15-13 transfer to criminal court.
15-14 Explanation: The change is made to provide consistent
15-15 procedures relating to mandatory transfer of a child by the
15-16 juvenile court.
15-17 (12) House Rule 13, Sections 9(a)(1) and (3), are suspended
15-18 to permit the committee to amend and add text in Section 54.021(d),
15-19 Family Code, to read as follows:
15-20 (d) On a finding by the justice or municipal court that the
15-21 person <child> has engaged in truant conduct and that the conduct
15-22 is of a recurrent nature, the court has jurisdiction to <may> enter
15-23 an order that includes one or more of the following provisions
15-24 requiring that:
15-25 (1) the person <child> attend a preparatory class for
15-26 the high school equivalency examination provided under Section
15-27 11.35, Education Code, if the court determines that the person
16-1 <child> is too old to do well in a formal classroom environment;
16-2 (2) the person <child> attend a special program that
16-3 the court determines to be in the best interests of the person
16-4 <child>, including an alcohol and drug abuse program;
16-5 (3) the person <child> and the person's <child's>
16-6 parents, managing conservator, or guardian attend a class for
16-7 students at risk of dropping out of school designed for both the
16-8 person <child> and the person's <child's> parents, managing
16-9 conservator, or guardian;
16-10 (4) the person <child> complete reasonable community
16-11 service requirements;
16-12 (5) the person's <child's> driver's license be
16-13 suspended in the manner provided by Section 54.042 of this code;
16-14 (6) the person <child> attend school without unexcused
16-15 absences; or
16-16 (7) the person <child> participate in a tutorial
16-17 program provided by the school attended by the person <child> in
16-18 the academic subjects in which the person <child> is enrolled for a
16-19 total number of hours ordered by the court.
16-20 Explanation: The words "has jurisdiction to" are added to
16-21 clarify the extent of the jurisdiction of the juvenile court.
16-22 (13) House Rule 13, Section 9(a)(3), is suspended to permit
16-23 the committee to add text in Section 54.022(e), Family Code, to
16-24 read as follows:
16-25 (e) A justice or municipal court shall endorse on the
16-26 summons issued to a parent, managing conservator, or a guardian an
16-27 order to appear personally at the hearing with the child.
17-1 Explanation: The words "an order" are added to clarify the
17-2 meaning of the provision.
17-3 (14) House Rule 13, Sections 9(a)(1) and (3), are suspended
17-4 to permit the committee to add text in Sections 54.06(c) and (e),
17-5 Family Code, to read as follows:
17-6 (c) A court may enforce an order for support under this
17-7 section by ordering garnishment of the wages of the person ordered
17-8 to pay support or by any other means available to enforce a child
17-9 support order under Title 5.
17-10 (e) The court shall apply the child support guidelines under
17-11 Subchapter C, Chapter 154, in an order requiring the payment of
17-12 child support under this section. The court shall also require in
17-13 an order to pay child support under this section that health
17-14 insurance be provided for the child. Subchapter D, Chapter 154,
17-15 applies to an order requiring health insurance for a child under
17-16 this section.
17-17 Explanation: The changes are made to conform the cross
17-18 references to the proper provisions of Title 5, Family Code.
17-19 (15) House Rule 13, Section 9(a)(1), is suspended to permit
17-20 the committee to change text in Section 55.02(a), Family Code, to
17-21 read as follows:
17-22 (a) The <If it appears to the juvenile court, on suggestion
17-23 of a party or on the court's own notice, that a child alleged by
17-24 petition or found to have engaged in delinquent conduct or conduct
17-25 indicating a need for supervision may be mentally ill, the> court
17-26 shall initiate proceedings to order temporary or extended mental
17-27 health services, as provided in Subchapter C, Chapter 574, Health
18-1 and Safety Code, for a <hospitalization of the> child alleged or
18-2 found to have engaged in delinquent conduct or conduct indicating a
18-3 need for supervision, if:
18-4 (1) on motion by a party or the court it is alleged
18-5 that the child is mentally ill; or
18-6 (2) a child is found or alleged to be unfit to proceed
18-7 as a result of mental illness under Section 55.04 of this chapter
18-8 or is found not responsible for the child's conduct as a result of
18-9 mental illness under Section 55.05 of this chapter <for observation
18-10 and treatment>.
18-11 Explanation: The reference to "Chapter 574, Subchapter C" is
18-12 changed to conform to the form of other references in the Family
18-13 Code.
18-14 (16) House Rule 13, Sections 9(a)(1) and (3), are suspended
18-15 to permit the committee to change and add text in Sections 55.02(f)
18-16 and (g), Family Code, to read as follows:
18-17 (f) The juvenile court shall transfer all pending
18-18 proceedings from the juvenile court to a criminal court on the 18th
18-19 birthday of a child for whom the court has ordered mental health
18-20 services under this section if:
18-21 (1) the child is not discharged or furloughed from the
18-22 residential care facility before reaching 18 years of age; and
18-23 (2) the child is alleged to have engaged in delinquent
18-24 conduct that included a violation of a penal law listed in Section
18-25 53.045.
18-26 (g) The juvenile court shall send notification of the
18-27 transfer of a child under Subsection (f) to the residential care
19-1 facility. The criminal court shall, within 90 days of the
19-2 transfer, institute proceedings under Article 46.02, Code of
19-3 Criminal Procedure. If those or any subsequent proceedings result
19-4 in a determination that the defendant is competent to stand trial,
19-5 the defendant may not receive a punishment for the delinquent
19-6 conduct described by Subsection (f)(2) that results in confinement
19-7 for a period longer than the maximum period of confinement the
19-8 defendant could have received if the defendant had been adjudicated
19-9 for the delinquent conduct while still a child and within the
19-10 jurisdiction of the juvenile court.
19-11 Explanation: The changes and additions are made to clarify
19-12 procedures relating to the disposition of a child for whom a
19-13 juvenile court has ordered mental health services on the 18th
19-14 birthday of the child.
19-15 (17) House Rule 13, Sections 9(a)(1) and (3), are suspended
19-16 to permit the committee to change and add text in Sections 55.03(g)
19-17 and (h), Family Code, to read as follows:
19-18 (g) The juvenile court shall transfer all pending
19-19 proceedings from the juvenile court to a criminal court on the 18th
19-20 birthday of a child committed to a residential care facility if:
19-21 (1) the child is not discharged or furloughed from the
19-22 residential care facility before reaching 18 years of age; and
19-23 (2) the child is alleged to have engaged in delinquent
19-24 conduct that included a violation of a penal law listed in Section
19-25 53.045.
19-26 (h) The juvenile court shall send notification of the
19-27 transfer of a child under Subsection (g) to the residential care
20-1 facility. The criminal court shall, within 90 days of the
20-2 transfer, institute proceedings under Article 46.02, Code of
20-3 Criminal Procedure. If those or any subsequent proceedings result
20-4 in a determination that the defendant is competent to stand trial,
20-5 the defendant may not receive a punishment for the delinquent
20-6 conduct described by Subsection (g)(2) that results in confinement
20-7 for a period longer than the maximum period of confinement the
20-8 defendant could have received if the defendant had been adjudicated
20-9 for the delinquent conduct while still a child and within the
20-10 jurisdiction of the juvenile court.
20-11 Explanation: The changes and additions are made to clarify
20-12 procedures relating to the disposition of a child committed to a
20-13 residential care facility on the 18th birthday of the child.
20-14 (18) House Rule 13, Section 9(a)(4), is suspended to permit
20-15 the committee to add text in proposed Section 58.001, Family Code,
20-16 to read as follows:
20-17 (c) A law enforcement agency may forward information,
20-18 including photographs and fingerprints, relating to a child who has
20-19 been detained or taken into custody by the agency to the Department
20-20 of Public Safety of the State of Texas for inclusion in the
20-21 juvenile justice information system created under Subchapter B only
20-22 if the child is referred to juvenile court on or before the 10th
20-23 day after the date the child is detained or taken into custody. If
20-24 the child is not referred to juvenile court within that time, the
20-25 law enforcement agency shall destroy all information, including
20-26 photographs and fingerprints, relating to the child unless the
20-27 child is placed in a first offender program under Section 52.031 or
21-1 on informal disposition under Section 52.03. The law enforcement
21-2 agency may not forward any information to the Department of Public
21-3 Safety of the State of Texas relating to the child while the child
21-4 is in a first offender program under Section 52.031 or on informal
21-5 disposition under Section 52.03. On successful completion by the
21-6 child of a first offender program under Section 52.031 or informal
21-7 disposition under Section 52.03, the law enforcement agency shall
21-8 destroy all information, including photographs and fingerprints,
21-9 relating to the child.
21-10 Explanation: This change is necessary to clarify the
21-11 procedures for the collection, transfer, and destruction of records
21-12 pertaining to children who are detained or taken into custody by a
21-13 law enforcement agency.
21-14 (19) House Rule 13, Section 9(a)(4), is suspended to permit
21-15 the committee to add text in proposed Section 58.002, Family Code,
21-16 to read as follows:
21-17 (b) On or before December 31 of each year, the head of each
21-18 municipal or county law enforcement agency located in a county
21-19 shall certify to the juvenile board for that county that the
21-20 photographs and fingerprints required to be destroyed under Section
21-21 58.001 have been destroyed. The juvenile board shall conduct an
21-22 audit of the records of the law enforcement agency to verify the
21-23 destruction of the photographs and fingerprints and the law
21-24 enforcement agency shall make its records available for this
21-25 purpose. If the audit shows that the certification provided by the
21-26 head of the law enforcement agency is false, that person is subject
21-27 to prosecution for perjury under Chapter 37, Penal Code.
22-1 Explanation: This change is necessary to clarify the
22-2 procedures for the collection, transfer, and destruction of records
22-3 pertaining to children who are detained or taken into custody by a
22-4 law enforcement agency and to require each juvenile board in the
22-5 county to conduct an audit of law enforcement records for
22-6 verification purposes.
22-7 (20) House Rule 13, Sections 9(a)(2) and (3), are suspended
22-8 to permit the committee to delete text and to add text in Section
22-9 58.003(a), Family Code, to read as follows:
22-10 (a) Except as provided by Subsections (b) and (c), on the
22-11 application of a person who has been found to have engaged in
22-12 delinquent conduct or conduct indicating a need for supervision, or
22-13 a person taken into custody to determine whether the person engaged
22-14 in delinquent conduct or conduct indicating a need for supervision,
22-15 on the juvenile court's own motion or on receipt of a certification
22-16 from the Department of Public Safety of the State of Texas that the
22-17 records of a person are eligible for sealing under this section,
22-18 the court shall order the sealing of the records in the case if the
22-19 court finds that:
22-20 (1) two years have elapsed since final discharge of
22-21 the person or since the last official action in the person's case
22-22 if there was no adjudication; and
22-23 (2) since the time specified in Subdivision (1), the
22-24 person has not been convicted of a felony or a misdemeanor
22-25 involving moral turpitude or found to have engaged in delinquent
22-26 conduct or conduct indicating a need for supervision and no
22-27 proceeding is pending seeking conviction or adjudication.
23-1 Explanation: These changes are necessary to authorize the
23-2 automatic sealing of misdemeanor records of certain children and to
23-3 refer properly to the name of the Department of Public Safety of
23-4 the State of Texas.
23-5 (21) House Rule 13, Section 9(a)(4), is suspended to permit
23-6 the committee to add text in Section 58.005(a), Family Code, to
23-7 read as follows:
23-8 (a) Information obtained for the purpose of diagnosis,
23-9 examination, evaluation, or treatment or for making a referral for
23-10 treatment of a child by a public or private agency or institution
23-11 providing supervision of a child by arrangement of the juvenile
23-12 court or having custody of the child under order of the juvenile
23-13 court may be disclosed only to:
23-14 (1) the professional staff or consultants of the
23-15 agency or institution;
23-16 (2) the judge, probation officers, and professional
23-17 staff or consultants of the juvenile court;
23-18 (3) an attorney for the child;
23-19 (4) a governmental agency if the disclosure is
23-20 required or authorized by law;
23-21 (5) a person or entity to whom the child is referred
23-22 for treatment or services if the agency or institution disclosing
23-23 the information has entered into a written confidentiality
23-24 agreement with the person or entity regarding the protection of the
23-25 disclosed information;
23-26 (6) the Texas Department of Criminal Justice and the
23-27 Texas Juvenile Probation Commission for the purpose of maintaining
24-1 statistical records of recidivism and for diagnosis and
24-2 classification; or
24-3 (7) with leave of the juvenile court, any other
24-4 person, agency, or institution having a legitimate interest in the
24-5 proceeding or in the work of the court.
24-6 Explanation: This change is necessary to authorize, with
24-7 leave of the juvenile court, a person, agency, or institution to
24-8 obtain confidential information pertaining to a juvenile.
24-9 (22) House Rule 13, Section 9(a)(1), is suspended to alter
24-10 text in Section 58.101(8), Family Code, to read as follows:
24-11 (8) "Uniform incident fingerprint card" means a
24-12 multiple-part form containing a unique incident number with space
24-13 for information relating to the conduct for which a child has been
24-14 taken into custody, detained, or referred, the child's
24-15 fingerprints, and other relevant information.
24-16 Explanation: This change replaces "multiple part" with
24-17 "multiple-part" to provide correct wording.
24-18 (23) House Rule 13, Section 9(a)(4), is suspended to permit
24-19 the committee to add text in Sections 58.104(a) and (f), Family
24-20 Code, to read as follows:
24-21 (a) Subject to Subsection (f), the juvenile justice
24-22 information system shall consist of information relating to
24-23 delinquent conduct committed by a juvenile offender that, if the
24-24 conduct had been committed by an adult, would constitute a criminal
24-25 offense other than an offense punishable by a fine only, including
24-26 information relating to:
24-27 (1) the juvenile offender;
25-1 (2) the intake or referral of the juvenile offender
25-2 into the juvenile justice system;
25-3 (3) the detention of the juvenile offender;
25-4 (4) the prosecution of the juvenile offender;
25-5 (5) the disposition of the juvenile offender's case,
25-6 including the name and description of any program to which the
25-7 juvenile offender is referred; and
25-8 (6) the probation or commitment of the juvenile
25-9 offender.
25-10 (f) Records maintained by the department in the depository
25-11 are subject to being sealed under Section 58.003. The department
25-12 shall send to the appropriate juvenile court its certification of
25-13 records that are eligible for sealing under Section 58.003(a).
25-14 Explanation: This change is necessary to require the
25-15 Department of Public Safety of the State of Texas to send juvenile
25-16 courts certification of records maintained in the juvenile justice
25-17 system that are eligible for sealing.
25-18 (24) House Rule 13, Section 9(a)(4), is suspended to permit
25-19 the committee to add text in Section 58.106(a), Family Code, to
25-20 read as follows:
25-21 (a) Except as provided by Subsection (b), information
25-22 contained in the juvenile justice information system is
25-23 confidential information for the use of the department and may not
25-24 be disseminated by the department except:
25-25 (1) with the permission of the juvenile offender, to
25-26 military personnel of this state or the United States;
25-27 (2) to a person or entity to which the department may
26-1 grant access to adult criminal history records as provided by
26-2 Section 411.083, Government Code;
26-3 (3) a juvenile justice agency; and
26-4 (4) to the Criminal Justice Policy Council, the Texas
26-5 Youth Commission, and the Texas Juvenile Probation Commission for
26-6 analytical purposes.
26-7 Explanation: This change is necessary to authorize a
26-8 juvenile justice agency to obtain confidential information
26-9 contained in the juvenile justice information system.
26-10 (25) House Rule 13, Section 9(a)(1), is suspended to alter
26-11 text in Section 58.109(c), Family Code, to read as follows:
26-12 (c) The incident cards must:
26-13 (1) be serially numbered with an incident number in a
26-14 manner that allows each incident of referral of a juvenile offender
26-15 who is the subject of the incident fingerprint card to be readily
26-16 ascertained; and
26-17 (2) be multiple-part forms that can be transmitted
26-18 with the juvenile offender through the juvenile justice process and
26-19 that allow each agency to report required data to the department.
26-20 Explanation: This change replaces "multiple part" with
26-21 "multiple-part" to provide correct wording.
26-22 (26) House Rule 13, Section 9(a)(4), is suspended to permit
26-23 the committee to add text in Section 59.003(a), Family Code, to
26-24 read as follows:
26-25 (a) Subject to Subsection (e), after a child's first
26-26 commission of delinquent conduct or conduct indicating a need for
26-27 supervision, the probation department may or the juvenile court
27-1 may, in a disposition hearing under Section 54.04, assign a child
27-2 one of the following sanction levels according to the child's
27-3 conduct:
27-4 (1) for conduct indicating a need for supervision,
27-5 other than a Class A or B misdemeanor, the sanction level is one;
27-6 (2) for a Class A or B misdemeanor, other than a
27-7 misdemeanor involving the use or possession of a firearm, or for
27-8 delinquent conduct under Section 51.03(a)(2) or (3), the sanction
27-9 level is two;
27-10 (3) for a misdemeanor involving the use or possession
27-11 of a firearm or for a state jail felony or a felony of the third
27-12 degree, the sanction level is three;
27-13 (4) for a felony of the second degree, the sanction
27-14 level is four;
27-15 (5) for a felony of the first degree, other than a
27-16 felony involving the use of a deadly weapon or causing serious
27-17 bodily injury, the sanction level is five;
27-18 (6) for a felony of the first degree involving the use
27-19 of a deadly weapon or causing serious bodily injury or for an
27-20 aggravated controlled substance felony, the sanction level is six
27-21 or, if the petition has been approved by a grand jury under Section
27-22 53.045, seven; or
27-23 (7) for a capital felony, the sanction level is seven.
27-24 Explanation: This change is necessary to provide for the
27-25 availability of progressive sanction level six for a child who
27-26 commits a felony of the first degree involving the use of a deadly
27-27 weapon or causing serious bodily injury.
28-1 (27) House Rule 13, Sections 9(a)(1), (2), and (3), are
28-2 suspended to permit the committee to amend, delete, and add text in
28-3 Section 59.007(a), Family Code, to read as follows:
28-4 (a) For a child at sanction level four, the juvenile court
28-5 may:
28-6 (1) require the child to participate as a condition of
28-7 probation for not less than three months in a highly intensive and
28-8 regimented program that emphasizes discipline, physical fitness,
28-9 social responsibility, and productive work;
28-10 (2) after release from the program described by
28-11 Subdivision (1), continue the child on probation supervision for
28-12 not less than six months or more than 12 months;
28-13 (3) require the child to make restitution to the
28-14 victim of the child's conduct or perform community service
28-15 restitution appropriate to the nature and degree of harm caused and
28-16 according to the child's ability;
28-17 (4) impose highly structured restrictions on the
28-18 child's activities and requirements for behavior of the child as
28-19 conditions of probation;
28-20 (5) require a probation officer to closely monitor the
28-21 child;
28-22 (6) require the child or the child's parents or
28-23 guardians to participate in programs or services designed to
28-24 address their particular needs and circumstances; and
28-25 (7) if appropriate, impose additional sanctions.
28-26 Explanation: This change is necessary to authorize a
28-27 juvenile court to impose certain probationary requirements on a
29-1 child who is at progressive sanction level four.
29-2 (28) House Rule 13, Sections 9(a)(1), (2), and (3), are
29-3 suspended to permit the committee to amend, delete, and add text in
29-4 Section 59.008(a) to read as follows:
29-5 (a) For a child at sanction level five, the juvenile court
29-6 may:
29-7 (1) require the child to participate as a condition of
29-8 probation for not less than six months or more than nine months in
29-9 a highly structured residential program that emphasizes discipline,
29-10 accountability, physical fitness, and productive work;
29-11 (2) after release from the program described by
29-12 Subdivision (1), continue the child on probation supervision for
29-13 not less than six months or more than 12 months;
29-14 (3) require the child to make restitution to the
29-15 victim of the child's conduct or perform community service
29-16 restitution appropriate to the nature and degree of harm caused and
29-17 according to the child's ability;
29-18 (4) impose highly structured restrictions on the
29-19 child's activities and requirements for behavior of the child as
29-20 conditions of probation;
29-21 (5) require a probation officer to closely monitor the
29-22 child;
29-23 (6) require the child or the child's parents or
29-24 guardians to participate in programs or services designed to
29-25 address their particular needs and circumstances; and
29-26 (7) if appropriate, impose additional sanctions.
29-27 Explanation: This change is necessary to authorize a
30-1 juvenile court to impose certain probationary requirements on a
30-2 child who is at progressive sanction level five.
30-3 (29) House Rule 13, Sections 9(a)(1), (2), and (3), are
30-4 suspended to permit the committee to amend, delete, and add text in
30-5 Sections 59.009(a) and (b), Family Code, to read as follows:
30-6 (a) For a child at sanction level six, the juvenile court
30-7 shall commit the child to the custody of the Texas Youth
30-8 Commission. The commission may:
30-9 (1) require the child to participate in a highly
30-10 structured residential program that emphasizes discipline,
30-11 accountability, fitness, training, and productive work for not less
30-12 than nine months or more than 24 months unless the commission
30-13 extends the period and the reason for an extension is documented;
30-14 (2) require the child to make restitution to the
30-15 victim of the child's conduct or perform community service
30-16 restitution appropriate to the nature and degree of the harm caused
30-17 and according to the child's ability, if there is a victim of the
30-18 child's conduct;
30-19 (3) require the child and the child's parents or
30-20 guardians to participate in programs and services for their
30-21 particular needs and circumstances; and
30-22 (4) if appropriate, impose additional sanctions.
30-23 (b) On release of the child under supervision, the Texas
30-24 Youth Commission parole programs may:
30-25 (1) impose highly structured restrictions on the
30-26 child's activities and requirements for behavior of the child as
30-27 conditions of release under supervision;
31-1 (2) require a parole officer to closely monitor the
31-2 child for not less than six months; and
31-3 (3) if appropriate, impose any other conditions of
31-4 supervision.
31-5 Explanation: This change is necessary to clarify the
31-6 dispositional authority of the juvenile court over a child who is
31-7 at progressive sanction level six and to establish guidelines for
31-8 release of the child on parole by the Texas Youth Commission.
31-9 (30) House Rule 13, Section 9(a)(4), is suspended to permit
31-10 the committee to add text in Section 61.079, Human Resources Code,
31-11 to read as follows:
31-12 (c) If a child is released under supervision, a
31-13 determination under Section 61.075(4) revoking the child's release
31-14 under supervision is required before referral of the child to the
31-15 juvenile court under Subsection (a).
31-16 Explanation: This change is necessary to require the Texas
31-17 Youth Commission to revoke a child's release under supervision
31-18 before the commission may refer that child to juvenile court for
31-19 transfer to the institutional division of the Texas Department of
31-20 Criminal Justice for completion of the child's determinate
31-21 sentence.
31-22 (31) House Rule 13, Section 9(a)(4), is suspended to permit
31-23 the committee to add text in Section 61.084, Human Resources Code,
31-24 to read as follows:
31-25 (f) The commission shall transfer a person who has been
31-26 sentenced under a determinate sentence to commitment under Section
31-27 54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
32-1 returned to the commission under Section 54.11(i)(1), Family Code,
32-2 to the custody of the pardons and paroles division of the Texas
32-3 Department of Criminal Justice to serve the remainder of the
32-4 person's sentence on parole as provided by Section 29, Article
32-5 42.18, Code of Criminal Procedure, when the person is released
32-6 under supervision after becoming 19 years of age.
32-7 (g)
32-8 Explanation: This change is necessary to provide for the
32-9 transfer of a person sentenced under a determinate sentence who is
32-10 released under supervision after becoming 19 years of age to the
32-11 pardons and paroles division of the Texas Department of Criminal
32-12 Justice.
32-13 (32) House Rule 13, Sections 9(a)(1), (2), and (3), are
32-14 suspended to amend, delete, and add text in Section 29(a), Article
32-15 42.18, Code of Criminal Procedure, to read as follows:
32-16 (a) Not later than the 90th day before the date the Texas
32-17 Youth Commission transfers a person to the custody of the pardons
32-18 and paroles division for release on parole under Section 61.081(f)
32-19 or Section 61.084(f) or (g), Human Resources Code, the commission
32-20 shall submit to the department all pertinent information relating
32-21 to the person, including:
32-22 (1) the juvenile court judgment;
32-23 (2) the circumstances of the person's offense;
32-24 (3) the person's previous social history and juvenile
32-25 court records;
32-26 (4) the person's physical and mental health record;
32-27 (5) a record of the person's conduct, employment
33-1 history, and attitude while committed to the commission;
33-2 (6) a record of the sentence time served by the person
33-3 at the commission and in a juvenile detention facility in
33-4 connection with the conduct for which the person was adjudicated;
33-5 and
33-6 (7) any written comments or information provided by
33-7 the commission, local officials, or victims of the offense.
33-8 Explanation: This change adds a cross reference to Section
33-9 61.081(f) and Section 61.084(f), Human Resources Code, to provide
33-10 for all circumstances for release on adult parole.
33-11 (33) House Rule 13, Section 9(a)(2), is suspended to permit
33-12 the committee to omit text not in disagreement in Sections
33-13 21.3011(a), (b), (c), and (g), Education Code. The omitted text
33-14 reads as follows:
33-15 (a) In this section, "expulsion" means suspension of a
33-16 student from school for more than six school days within a semester
33-17 and referral to the juvenile court. The term does not include
33-18 removal of a student to an alternative education program.
33-19 (b) A student may be removed from class and expelled with a
33-20 referral to the juvenile court without resort to an alternative
33-21 education program under Section 21.301 of this code if the student,
33-22 on school property or while attending a school-sponsored or
33-23 school-related activity on or off of school property:
33-24 (1) assaults a teacher or other individual;
33-25 (2) sells, gives, or delivers to another person or
33-26 possesses or uses or is under the influence of:
33-27 (A) marihuana or a controlled substance, as
34-1 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
34-2 Section 801 et seq.; or
34-3 (B) a dangerous drug, as defined by Chapter 483,
34-4 Health and Safety Code;
34-5 (3) sells, gives, or delivers to another person an
34-6 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
34-7 Code, or commits a serious act or offense while under the influence
34-8 of alcohol; or on more than one occasion possesses, uses, or is
34-9 under the influence of an alcoholic beverage;
34-10 (4) possesses a firearm as defined by Section
34-11 46.01(3), Penal Code, an illegal knife as defined by Section
34-12 46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
34-13 Code, or a weapon listed as a prohibited weapon under Section
34-14 46.06, Penal Code;
34-15 (5) engages in conduct that contains the elements of
34-16 an offense relating to abusable glue or aerosol paint under
34-17 Sections 485.031 through 485.035, Health and Safety Code, or
34-18 relating to volatile chemicals under Chapter 484, Health and Safety
34-19 Code;
34-20 (6) engages in conduct that contains the elements of
34-21 the offense of arson under Section 28.02, Penal Code;
34-22 (7) engages in conduct that contains the elements of
34-23 the offense of criminal mischief under Section 28.03, Penal Code,
34-24 if the offense is punishable as a felony under that section; or
34-25 (8) engages in conduct that contains the elements of
34-26 the offense of public lewdness under Section 21.07, Penal Code.
34-27 (c) A student who, after having been placed in an
35-1 alternative education program under Section 21.301 of this code,
35-2 continues to engage in serious or persistent misbehavior that
35-3 violates the district's previously communicated written standards
35-4 of student conduct may be removed from class and expelled with a
35-5 referral to juvenile court.
35-6 (g) The board or its designee shall deliver a copy of the
35-7 order expelling the student to the student and the student's parent
35-8 or guardian. The board or its designee shall also deliver on or
35-9 before the second working day after the date of the expulsion
35-10 hearing a copy of the order and any other information required by
35-11 Section 52.04, Family Code, to the authorized officer of the
35-12 juvenile court in the county in which the student resides. The
35-13 officer shall determine whether:
35-14 (1) a petition should be filed alleging that the
35-15 student is in need of supervision or engaged in delinquent conduct;
35-16 or
35-17 (2) the student should be referred to an appropriate
35-18 state agency.
35-19 Explanation: This change is necessary because the substance
35-20 of the text not in disagreement was added to the bill in Section
35-21 52.041, Family Code.
35-22 (34) House Rule 13, Section 9(a)(4), is suspended to permit
35-23 the committee to add text to the chapter heading of Chapter 370,
35-24 Local Government Code, to read as follows:
35-25 CHAPTER 370. MISCELLANEOUS PROVISIONS RELATING TO MUNICIPAL AND
35-26 COUNTY HEALTH AND PUBLIC SAFETY
35-27 Explanation: This change is necessary to expand the chapter
36-1 to include provisions relating to public safety.
36-2 (35) House Rule 13, Section 9(a)(4), is suspended to permit
36-3 the committee to add text in Section 370.002, Local Government
36-4 Code, to read as follows:
36-5 Sec. 370.002. REVIEW OF JUVENILE CURFEW ORDER OR ORDINANCE.
36-6 (a) Before the third anniversary of the date of adoption of a
36-7 juvenile curfew ordinance by a general-law municipality or a
36-8 home-rule municipality or an order of a county commissioners court,
36-9 and every third year thereafter, the governing body of the
36-10 general-law municipality or home-rule municipality or the
36-11 commissioners court of the county shall:
36-12 (1) review the ordinance or order's effects on the
36-13 community and on problems the ordinance or order was intended to
36-14 remedy;
36-15 (2) conduct public hearings on the need to continue
36-16 the ordinance or order; and
36-17 (3) abolish, continue, or modify the ordinance or
36-18 order.
36-19 (b) Failure to act in accordance with Subsections (a)(1)-(3)
36-20 shall cause the ordinance or order to expire.
36-21 Explanation: This change is necessary to provide for the
36-22 review of a juvenile curfew ordinance or order.
36-23 (36) House Rule 13, Section 9(a)(3), is suspended to add
36-24 text in Section 104(b) of the bill to read as follows:
36-25 (b) For purposes of Subsection (a) of this section, conduct
36-26 violating the penal law of this state occurs before January 1,
36-27 1996, only if every element of the violation occurs before that
37-1 date.
37-2 Explanation: A change in Subsection (b) adds a cross
37-3 reference to Subsection (a) for clarification purposes.
37-4 (37) House Rule 13, Section 9(a)(4), is suspended to permit
37-5 the committee to add text in Sections 105(d) and (e) of the bill to
37-6 read as follows:
37-7 (d) If H.B. No. 466, Acts of the 74th Legislature, Regular
37-8 Session, 1995, is enacted after the date of enactment of this Act
37-9 and if H.B. No. 466 becomes law, Section 58.004, Family Code, as
37-10 included in Chapter 58, Family Code, as added by this Act, does not
37-11 take effect.
37-12 (e) If H.B. No. 466, Acts of the 74th Legislature, Regular
37-13 Session, 1995, is enacted after the date of enactment of this Act,
37-14 if H.B. No. 466 becomes law, and if H.B. No. 466 is invalidated by
37-15 a court judgment that becomes final, effective on the date the
37-16 judgment becomes final, Subchapter A, Chapter 58, Family Code, as
37-17 added by this Act, is amended by adding Section 58.004 to read as
37-18 follows:
37-19 Sec. 58.004. COMPILATION OF INFORMATION PERTAINING TO A
37-20 CRIMINAL COMBINATION. A local criminal justice agency may compile
37-21 criminal information into a local system for the purpose of
37-22 investigating or prosecuting the criminal activities of criminal
37-23 combinations. Criminal information relating to a child associated
37-24 with a combination, utilizing the meaning assigned by Section
37-25 71.01, Penal Code, may be compiled and released to other local,
37-26 state, or federal criminal justice agencies and any court having
37-27 jurisdiction over a child, regardless of the age of the child. The
38-1 information may be compiled on paper, by photographs, by computer,
38-2 or in any other useful manner.
38-3 Explanation: This change is necessary to provide for the
38-4 compilation of information pertaining to a criminal combination as
38-5 provided by H.B. No. 466, Acts of the 74th Legislature, Regular
38-6 Session, 1995, if the bill is enacted after the date of enactment
38-7 of H.B. No. 327, becomes law, and is not invalidated by a court
38-8 judgment.
38-9 (38) House Rule 13, Section 9(a)(3), is suspended to permit
38-10 the committee to add text in Sections 105(a), (b), and (c), and
38-11 Sections 106 and 108 of the bill, to read as follows:
38-12 SECTION 105. (a) Except as provided by this section, this
38-13 Act takes effect January 1, 1996.
38-14 (b) Section 99 of this Act takes effect September 1, 1995.
38-15 (c) The following take effect immediately:
38-16 (1) Section 52.028, Family Code, as added by this Act;
38-17 (2) Sections 341.904, 351.903, and 370.002, Local
38-18 Government Code, as added by this Act;
38-19 (3) the chapter heading of Chapter 370, Local
38-20 Government Code, as amended by this Act;
38-21 (4) Chapter 55, Family Code, as amended by this Act;
38-22 and
38-23 (5) Section 61.077, Human Resources Code, as amended
38-24 by this Act.
38-25 SECTION 106. (a) Except as provided by Subsection (b) of
38-26 this section, this Act applies only to conduct that occurs on or
38-27 after January 1, 1996. Conduct violating a penal law of this state
39-1 occurs on or after January 1, 1996, if every element of the
39-2 violation occurs on or after that date. Conduct that occurs before
39-3 January 1, 1996, is governed by the law in effect at the time the
39-4 conduct occurred, and that law is continued in effect for that
39-5 purpose.
39-6 (b) Chapter 55, Family Code, as amended by this Act, applies
39-7 only to conduct that occurs on or after the effective date of that
39-8 chapter. Conduct violating a penal law of this state occurs on or
39-9 after that date if every element of the violation occurs on or
39-10 after that date. Conduct that occurs before the effective date of
39-11 that chapter is governed by the law in effect at the time the
39-12 conduct occurred, and that law is continued in effect for that
39-13 purpose.
39-14 SECTION 108. The importance of this legislation and the
39-15 crowded condition of the calendars in both houses create an
39-16 emergency and an imperative public necessity that the
39-17 constitutional rule requiring bills to be read on three several
39-18 days in each house be suspended, and this rule is hereby suspended,
39-19 and that this Act take effect and be in force according to its
39-20 terms, and it is so enacted.
39-21 Explanation: This change is necessary to provide for a
39-22 September 1, 1995, effective date or an immediate effective date
39-23 for certain amendments made by this Act.