By Patterson                                           S.B. No. 228
       74R169 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to trial by jury in the adjudication of certain children.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 54.03(c), Family Code, is amended to read
    1-5  as follows:
    1-6        (c)  Trial shall be by jury unless jury is waived in
    1-7  accordance with Section 51.09 of this code.  Notwithstanding the
    1-8  waiver of a jury trial under Section 51.09, the court shall order
    1-9  trial by jury if requested by the prosecuting attorney.  If the
   1-10  hearing is on a petition that has been approved by the grand jury
   1-11  under Section 53.045 of this code, the jury must consist of 12
   1-12  persons.  Jury verdicts under this title must be unanimous.
   1-13        SECTION 2.  This Act takes effect September 1, 1995.
   1-14        SECTION 3.  (a)  The change in law made by this Act applies
   1-15  only to the adjudication of a child for conduct that occurs on or
   1-16  after the effective date of this Act.  Conduct violating a penal
   1-17  law of the state occurs on or after the effective date of this Act
   1-18  if every element of the violation occurs on or after that date.
   1-19        (b)  Conduct that occurs before the effective date of this
   1-20  Act is covered by the law in effect at the time the conduct
   1-21  occurred, and the former law is continued in effect for that
   1-22  purpose.
   1-23        SECTION 4.  The importance of this legislation and the
   1-24  crowded condition of the calendars in both houses create an
    2-1  emergency and an imperative public necessity that the
    2-2  constitutional rule requiring bills to be read on three several
    2-3  days in each house be suspended, and this rule is hereby suspended.