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.