Amend CSHB 1550 by adding Sections ____ to read as follows:
      SECTION ____.  Sections 55.04(c)-(h), Family Code, are
amended to read as follows:
      (c)  The court or jury shall determine whether the child is
unfit to proceed as a result of <mental illness or> mental
retardation at a hearing separate from the adjudication hearing.
      (d)  The issue of whether the child is unfit to proceed as a
result of mental illness may be determined only by a jury at a
hearing separate from the adjudication hearing.
      (e)  Unfitness to proceed as a result of mental illness or
mental retardation must be proved by a preponderance of the
evidence.
      (f)<(e)>  If the court or jury, as appropriate, determines
that the child is fit to proceed, the juvenile court shall continue
with proceedings under this title as though no question of fitness
to proceed had been raised.
      (g)<(f)>  If the court or jury, as appropriate, determines
that the child is unfit to proceed as a result of mental illness or
mental retardation, the court shall initiate proceedings under
Section 55.02 or <Section> 55.03 <of this chapter>.
      (h)<(g)>  A proceeding to determine fitness to proceed may be
joined with proceedings under Section 55.02 and 55.03 <of this
chapter>.
      (i)<(h)>  The fact that the child is unfit to proceed as a
result of mental illness or mental retardation does not preclude
any legal objection to the juvenile court proceedings which is
susceptible of fair determination prior to the adjudication hearing
and without the personal participation of the child.
      SECTION ____.  Sections 55.05(c)-(g), Family Code, are
amended to read as follows:
      (c)  The issue of whether the child is not responsible for
the child's <his> conduct as a result of <mental illness or> mental
retardation shall be tried to the court or jury in the adjudication
hearing.
      (d)  The issue of whether the child is not responsible for
the child's conduct as a result of mental illness may be determined
only by a jury in the adjudication hearing.
      (e)  Lack of responsibility for conduct as a result of mental
illness or mental retardation must be proved by a preponderance of
the evidence.
      (f)<(e)>  In its findings or verdict the court or jury, as
appropriate, must state whether the child is not responsible for
the child's <his> conduct as a result of mental illness or mental
retardation.
      (g)<(f)>  If the court or jury, as appropriate, finds the
child is not responsible for the child's <his> conduct as a result
of mental illness or mental retardation, the court shall initiate
proceedings under Section 55.02 or 55.03 <of this chapter>.
      (h)<(g)>  A child found not responsible for the child's <his>
conduct as a result of mental illness or mental retardation shall
not be subject to proceedings under this title with respect to such
conduct, other than proceedings under Section 55.02 or 55.03 <of
this chapter>.
      SECTION ____.  Section 574.032, Health and Safety Code, is
amended to read as follows:
      Sec. 574.032.  RIGHT TO JURY.  (a)  Except as provided by
Subsection (c), a <A> hearing for temporary mental health services
must be before the court unless the proposed patient or the
proposed patient's attorney requests a jury.
      (b)  Except as provided by Subsection (c),a <A> hearing for
extended mental health services must be before a jury unless the
proposed patient or the proposed patient's attorney waives the
right to a jury.
      (c)  A hearing for temporary or extended mental health
services initiated by a juvenile court under Section 55.02, Family
Code, must be before a jury.  The proposed patient or the proposed
patient's attorney may not waive the right to a jury in a hearing
initiated under Section 55.02, Family Code.
      (d)  A waiver of the right to a jury under Subsection (b)
must be in writing, under oath, and signed and sworn to by the
proposed patient and the proposed patient's attorney unless the
proposed patient or the attorney orally waives the right to a jury
in the court's presence.
      (e)<(d)>  The court may permit an oral or written waiver of
the right to a jury to be withdrawn for good cause shown. The
withdrawal must be made not later the the eighth day before the
date on which the hearing is scheduled.
      (f)<(e)>  A court may not require a jury fee.
      (g)<(f)>  In a hearing before a jury, the jury shall
determine if the proposed patient is mentally ill and meets the
criteria for court-ordered mental health services. The jury may not
make a finding about the type of services to be provided to the
proposed patient.
      SECTION ____.  Section 574.034, Health and Safety Code, is
amended by amending Subsection (f) and adding Subsection (g) to
read as follows:
      (f)  Except as provided by Subsection (g), a <A> judge may
not issue an order for temporary mental health services for a
proposed patient who is charged with a criminal offense that
involves an act, attempt, or threat of serious bodily injury to
another person.
      (g)  Subsection (f) does not apply to a juvenile court
proceeding under Section 55.02, Family Code.
      SECTION ____.  Section 574.035, Health and Safety Code, is
amended by amending Subsection (g) and adding Subsection (h) to
read as follows:
      (g)  Except as provided by Subsection (h), a <A> judge may
not issue an order for extended mental health services for a
proposed patient who is charged with a criminal offense that
involves an act, attempt, or threat of serious bodily injury to
another person.
      (h)  Subsection (g) does not apply to a juvenile court
proceeding under Section 55.02, Family Code.