1-1                                   AN ACT

 1-2     relating to the juvenile justice system.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Sections 51.03(a) and (b), Family Code, are

 1-5     amended  to read as follows:

 1-6           (a)  Delinquent conduct is:

 1-7                 (1)  conduct, other than a traffic offense, that

 1-8     violates a penal law of this state or of the United States

 1-9     punishable by imprisonment or by confinement in jail;

1-10                 (2)  conduct that violates a reasonable and lawful

1-11     order of a juvenile court entered under Section 54.04 or 54.05 of

1-12     this code, except an order prohibiting the following conduct:

1-13                       (A)  a violation of the penal laws of this state

1-14     of the grade of misdemeanor that is punishable by fine only or a

1-15     violation of the penal ordinances of any political subdivision of

1-16     this state;

1-17                       (B)  the unexcused voluntary absence of a child

1-18     from school; or

1-19                       (C)  the voluntary absence of a child from his

1-20     home without the consent of his parent or guardian for a

1-21     substantial length of time or without intent to return; or

1-22                 (3)  conduct that violates a lawful order of a

1-23     municipal court or justice court under circumstances that would

1-24     constitute contempt of that court[; or]

 2-1                 [(4)  conduct that violates the laws of this state

 2-2     prohibiting driving while intoxicated or under the influence of

 2-3     intoxicating liquor (third or subsequent offense) or driving while

 2-4     under the influence of any narcotic drug or of any other drug to

 2-5     the degree that renders the child incapable of safely driving a

 2-6     vehicle (third or subsequent offense)].

 2-7           (b)  Conduct indicating a need for supervision is:

 2-8                 (1)  subject to Subsection (f) of this section,

 2-9     conduct, other than a traffic offense, that violates:

2-10                       (A)  the penal laws of this state of the grade of

2-11     misdemeanor that are punishable by fine only;  or

2-12                       (B)  the penal ordinances of any political

2-13     subdivision of this state;

2-14                 (2)  the unexcused voluntary absence of a child on 10

2-15     or more days or parts of days within a six-month period or three or

2-16     more days or parts of days within a four-week period from school

2-17     without the consent of his parents;

2-18                 (3)  the voluntary absence of a child from his home

2-19     without the consent of his parent or guardian for a substantial

2-20     length of time or without intent to return;

2-21                 (4)  [conduct which violates the laws of this state

2-22     prohibiting driving while intoxicated or under the influence of

2-23     intoxicating liquor (first or second offense) or driving while

2-24     under the influence of any narcotic drug or of any other drug to a

2-25     degree which renders him incapable of safely driving a vehicle

2-26     (first or second offense);]

2-27                 [(5)]  conduct prohibited by city ordinance or by state

 3-1     law involving the inhalation of the fumes or vapors of paint and

 3-2     other protective coatings or glue and other adhesives and the

 3-3     volatile chemicals itemized in Section 484.002, Health and Safety

 3-4     Code;

 3-5                 (5) [(6)]  an act that violates a school district's

 3-6     previously communicated written standards of student conduct for

 3-7     which the child has been expelled under Section 37.007 [21.3011],

 3-8     Education Code; or

 3-9                 (6) [(7)]  conduct that violates a reasonable and

3-10     lawful order of a court entered under Section 264.305.

3-11           SECTION 2.  Section 51.031, Family Code, is amended to read

3-12     as follows:

3-13           Sec. 51.031.  HABITUAL FELONY CONDUCT.   (a)  Habitual felony

3-14     conduct is conduct violating a penal law of the grade of felony,

3-15     other than a state jail felony, if:

3-16                 (1)  the child who engaged in the conduct has at least

3-17     two previous final adjudications as having engaged in delinquent

3-18     conduct violating a penal law of the grade of felony;  [and]

3-19                 (2)  the second previous final adjudication is for

3-20     conduct that occurred after the date the first previous

3-21     adjudication became final; and

3-22                 (3)  all appeals relating to the previous adjudications

3-23     considered under Subdivisions (1) and (2) have been exhausted.

3-24           (b)  For purposes of this section, an adjudication is final

3-25     if the child is placed on probation or committed to the Texas Youth

3-26     Commission.

3-27           (c)  An adjudication based on conduct that occurred before

 4-1     January 1, 1996, may not be considered in a disposition made under

 4-2     this section.

 4-3           SECTION 3.  Chapter 51, Family Code, is amended by adding

 4-4     Section 51.0411 to read as follows:

 4-5           Sec. 51.0411.  JURISDICTION FOR TRANSFER OR RELEASE HEARING.

 4-6     The court retains jurisdiction over a person, without regard to the

 4-7     age of the person, who is referred to the court under Section 54.11

 4-8     for transfer to the Texas Department of Criminal Justice or release

 4-9     under supervision.

4-10           SECTION 4.  Chapter 51, Family Code, is amended by amending

4-11     Section 51.09 and by adding Section 51.095 to read as follows:

4-12           Sec. 51.09.  Waiver of Rights.  [(a)]  Unless a contrary

4-13     intent clearly appears elsewhere in this title, any right granted

4-14     to a child by this title or by the constitution or laws of this

4-15     state or the United States may be waived in proceedings under this

4-16     title if:

4-17                 (1)  the waiver is made by the child and the attorney

4-18     for the child;

4-19                 (2)  the child and the attorney waiving the right are

4-20     informed of and understand the right and the possible consequences

4-21     of waiving it;

4-22                 (3)  the waiver is voluntary; and

4-23                 (4)  the waiver is made in writing or in court

4-24     proceedings that are recorded.

4-25           Sec. 51.095.  ADMISSIBILITY OF A STATEMENT OF A CHILD.

4-26     (a) [(b)]  Notwithstanding Section 51.09 [any of the provisions of

4-27     Subsection (a) of this section], the statement of a child is

 5-1     admissible in evidence in any future proceeding concerning the

 5-2     matter about which the statement was given if:

 5-3                 (1)  the statement is made in writing when the child is

 5-4     in a detention facility or other place of confinement or in the

 5-5     custody of an officer[, the statement is made in writing] and:

 5-6                       (A)  the statement shows that the child has at

 5-7     some time before [prior to] the making of the statement [thereof]

 5-8     received from a magistrate a warning that:

 5-9                             (i) [(A)]  the child may remain silent and

5-10     not make any statement at all and that any statement that the child

5-11     makes may be used in evidence against the child;

5-12                             (ii) [(B)]  the child has the right to have

5-13     an attorney present to advise the child either prior to any

5-14     questioning or during the questioning;

5-15                             (iii) [(C)]  if the child is unable to

5-16     employ an attorney, the child has the right to have an attorney

5-17     appointed to counsel with the child before [prior  to] or during

5-18     any interviews with peace officers or attorneys representing the

5-19     state; and

5-20                             (iv) [(D)]  the child has the right to

5-21     terminate the interview at any time;

5-22                       [(E)  if the child is 14 years of age or older at

5-23     the time of the violation of a penal law of the grade of capital

5-24     felony, aggravated controlled substance felony, or felony of the

5-25     first degree, or is 15 years of age or older at the time of the

5-26     violation of a penal law of the grade of felony of the second or

5-27     third degree or a state jail felony, the juvenile court may waive

 6-1     its jurisdiction and the child may be tried as an adult, except

 6-2     that if the child has previously been transferred to a district

 6-3     court or criminal district court for criminal proceedings and has

 6-4     violated a penal law of the grade of felony, the juvenile court is

 6-5     required to waive its jurisdiction and the child can be tried as an

 6-6     adult;]

 6-7                       [(F)  the child may be sentenced to commitment in

 6-8     the Texas Youth Commission with a possible transfer to the

 6-9     institutional division or the pardons and paroles division of the

6-10     Texas Department of Criminal Justice for a maximum term of 40 years

6-11     for a capital felony, felony of the first degree, or aggravated

6-12     controlled substance felony, 20 years for a felony of the second

6-13     degree, or 10 years for a felony of the third degree if the child

6-14     is found to have engaged in habitual felony conduct by violating a

6-15     penal law of the grade of felony, other than a state jail felony,

6-16     if the child has at least two previous adjudications as having

6-17     engaged in delinquent conduct violating a penal law of the grade of

6-18     felony and the second previous adjudication is for conduct that

6-19     occurred after the date the first previous adjudication became

6-20     final, alleged in a petition approved by a grand jury, or if the

6-21     child is found to have engaged in delinquent conduct, alleged in a

6-22     petition approved by a grand jury, that included:]

6-23                             [(i)  murder;]

6-24                             [(ii)  capital murder;]

6-25                             [(iii)  aggravated kidnapping;]

6-26                             [(iv)  sexual assault or aggravated sexual

6-27     assault;]

 7-1                             [(v)  aggravated robbery;]

 7-2                             [(vi)  aggravated assault;]

 7-3                             [(vii)  injury to a child, elderly

 7-4     individual, or disabled individual that is punishable as a felony,

 7-5     other than a state jail felony, under Section 22.04, Penal Code;]

 7-6                             [(viii)  deadly conduct defined by Section

 7-7     22.05(b), Penal Code (discharging firearm at persons or certain

 7-8     objects);]

 7-9                             [(ix)  an offense that is a felony of the

7-10     first degree or an aggravated controlled substance felony under

7-11     Subchapter D, Chapter 481, Health and Safety Code (certain offenses

7-12     involving controlled substances);]

7-13                             [(x)  criminal solicitation;]

7-14                             [(xi)  indecency with a child that is

7-15     punishable under Section 21.11(a)(1), Penal Code;]

7-16                             [(xii)  criminal solicitation of a minor

7-17     (Section 15.031, Penal Code); or]

7-18                             [(xiii)  criminal attempt to commit any of

7-19     the offenses listed in Section 3g(a)(1), Article 42.12, Code of

7-20     Criminal Procedure, which include murder, capital murder, indecency

7-21     with a child, aggravated kidnapping, aggravated sexual assault, and

7-22     aggravated robbery; and]

7-23                       (B)  and:

7-24                             (i) [(G)]  the statement must be signed in

7-25     the presence of a magistrate by the child with no law enforcement

7-26     officer or prosecuting attorney present, except that a magistrate

7-27     may require a bailiff or a law enforcement officer if a bailiff is

 8-1     not available to be present if the magistrate determines that the

 8-2     presence of the bailiff or law enforcement officer is necessary for

 8-3     the personal safety of the magistrate or other court personnel,

 8-4     provided that the bailiff or law enforcement officer may not carry

 8-5     a weapon in the presence of the child; and

 8-6                             (ii)  the [.  The] magistrate must be fully

 8-7     convinced that the child understands the nature and contents of the

 8-8     statement and that the child is signing the same voluntarily, and

 8-9     if [.  If such] a statement is taken, the magistrate must [shall]

8-10     sign a written statement verifying the foregoing requisites have

8-11     been met; [.]

8-12                       (C)  the [The] child [must] knowingly,

8-13     intelligently, and voluntarily waives [waive] these rights before

8-14     [prior to] and during the making of the statement and signs [sign]

8-15     the statement in the presence of a magistrate; and

8-16                       (D)  the magistrate certifies [who must certify]

8-17     that  the magistrate [he] has examined the child independent of any

8-18     law enforcement officer or prosecuting attorney, except as required

8-19     to ensure the personal safety of the magistrate or other court

8-20     personnel, and has determined that the child understands the nature

8-21     and contents of the statement and has knowingly, intelligently, and

8-22     voluntarily waived these rights; [.]

8-23                 (2)  the statement is [it be] made orally and the child

8-24     makes a statement of facts or circumstances that are found to be

8-25     true, which conduct tends to establish his guilt, such as the

8-26     finding of secreted or stolen property, or the instrument with

8-27     which he states the offense was committed; [.]

 9-1                 (3)  the statement was res gestae of the delinquent

 9-2     conduct or the conduct indicating a need for supervision or of the

 9-3     arrest; [.]

 9-4           [(c)  A warning under Subsection (b)(1)(E) or (b)(1)(F) is

 9-5     required only when applicable to the facts of the case.  A failure

 9-6     to warn a child under Subsection (b)(1)(E) does not render a

 9-7     statement made by the child inadmissible unless the child is

 9-8     transferred to a district court under Section 54.02.  A failure to

 9-9     warn a child under Subsection (b)(1)(F) does not render a statement

9-10     made by the child inadmissible unless the state proceeds against

9-11     the child on a petition approved by a grand jury under Section

9-12     53.045.]

9-13                 (4)  the statement is made [(d)  This section does not

9-14     preclude the admission of a statement made by the child if:]

9-15                 [(1)  the child makes the statement]:

9-16                       (A)  in open court at the child's adjudication

9-17     hearing;

9-18                       (B)  before a grand jury considering a petition,

9-19     under Section 53.045 [of this code], that the child engaged in

9-20     delinquent conduct; or

9-21                       (C)  at a preliminary hearing concerning the

9-22     child held in compliance with this code, other than at a detention

9-23     hearing under Section 54.01 [of this code]; or

9-24                 (5)  the statement is made orally when the child is in

9-25     a detention facility or other place of confinement or in the

9-26     custody of an officer and the statement is recorded by an

9-27     electronic recording device, including a device that records

 10-1    images, and:

 10-2                      (A)  before making the statement, the child is

 10-3    given the warning described by Subdivision (1)(A) by a magistrate,

 10-4    the warning is a part of the recording, and the child knowingly,

 10-5    intelligently, and voluntarily waives each right stated in the

 10-6    warning;

 10-7                      (B)  the recording device is capable of making an

 10-8    accurate recording, the operator of the device is competent to use

 10-9    the device, the recording is accurate, and the recording has not

10-10    been altered;

10-11                      (C)  each voice on the recording is identified;

10-12    and

10-13                      (D)  not later than the 20th day before the date

10-14    of the proceeding, the attorney representing the child is given a

10-15    complete and accurate copy of each recording of the child made

10-16    under this subdivision.

10-17          (b)  This section and Section 51.09 do not preclude the

10-18    admission of a statement made by the child if:

10-19                (1) [(2)]  the statement does not stem from custodial

10-20    interrogation; or

10-21                (2) [(3)]  without regard to whether the statement

10-22    stems from custodial interrogation, the statement is voluntary and

10-23    has a bearing on the credibility of the child as a witness.

10-24          (c)  An electronic recording of a child's statement made

10-25    under Subsection (a)(5) shall be preserved until all juvenile or

10-26    criminal matters relating to any conduct referred to in the

10-27    statement are final, including the exhaustion of all appeals, or

 11-1    barred from prosecution.

 11-2          SECTION 5.  Section 51.13(d), Family Code, is amended to read

 11-3    as follows:

 11-4          (d)  An adjudication under Section 54.03 that a child engaged

 11-5    in conduct that occurred on or after January 1, 1996, and that

 11-6    constitutes a felony offense resulting in commitment to the Texas

 11-7    Youth Commission under Section 54.04(d)(2), (d)(3), or (m) or

 11-8    54.05(f) is a final felony conviction only for the purposes of

 11-9    Sections 12.42(a)-(c) and (e), Penal Code.

11-10          SECTION 6.  Chapter 51, Family Code, is amended by adding

11-11    Section 51.19 to read as follows:

11-12          Sec. 51.19.  LIMITATION PERIODS.  (a)  The limitation periods

11-13    and the procedures for applying the limitation periods under

11-14    Chapter 12, Code of Criminal Procedure, and other statutory law

11-15    apply to proceedings under this title.

11-16          (b)  For purposes of computing a limitation period, a

11-17    petition filed in juvenile court for a transfer or an adjudication

11-18    hearing is equivalent to an indictment or information and is

11-19    treated as presented when the petition is filed in the proper

11-20    court.

11-21          (c)  The limitation period is two years for an offense or

11-22    conduct that is not given a specific limitation period under

11-23    Chapter 12, Code of Criminal Procedure, or other statutory law.

11-24          SECTION 7.  Section 53.013, Family Code, is amended to read

11-25    as follows:

11-26          Sec. 53.013.  PROGRESSIVE SANCTIONS PROGRAM.  (a)  Each

11-27    juvenile board may adopt a progressive sanctions program using the

 12-1    guidelines for progressive sanctions in Chapter 59.

 12-2          (b)  A juvenile court or probation department that deviates

 12-3    from the guidelines under Section 59.003 shall state in writing the

 12-4    reasons for the deviation and submit the statement to the juvenile

 12-5    board regardless of whether the juvenile board has adopted a

 12-6    progressive sanctions program.

 12-7          SECTION 8.  Section 53.045(a), Family Code, is amended  to

 12-8    read as follows:

 12-9          (a)  Except as provided by Subsection (e) [of this section],

12-10    the prosecuting attorney may refer the petition to the grand jury

12-11    of the county in which the court in which the petition is filed

12-12    presides if the petition alleges that the child engaged in

12-13    delinquent conduct that constitutes habitual felony conduct as

12-14    described by Section 51.031 or that included the violation of any

12-15    of the following provisions:

12-16                (1)  Section 19.02, Penal Code (murder);

12-17                (2)  Section 19.03, Penal Code (capital murder);

12-18                (3)  Section 20.04, Penal Code (aggravated kidnapping);

12-19                (4)  Section 22.011, Penal Code (sexual assault) or

12-20    Section 22.021, Penal Code (aggravated sexual assault);

12-21                (5)  Section 22.02, Penal Code (aggravated assault);

12-22                (6)  Section 29.03, Penal Code (aggravated robbery);

12-23                (7)  Section 22.04, Penal Code (injury to a child,

12-24    elderly individual, or disabled individual), if the offense is

12-25    punishable as a felony, other than a state jail felony;

12-26                (8)  Section 22.05(b), Penal Code (felony deadly

12-27    conduct involving discharging a firearm);

 13-1                (9)  Subchapter D, Chapter 481, Health and Safety Code,

 13-2    if the conduct constitutes a felony of the first degree or an

 13-3    aggravated controlled substance felony (certain offenses involving

 13-4    controlled substances);

 13-5                (10)  Section 15.03, Penal Code (criminal

 13-6    solicitation);

 13-7                (11)  Section 21.11(a)(1), Penal Code (indecency with a

 13-8    child);

 13-9                (12)  Section 15.031, Penal Code (criminal solicitation

13-10    of a minor); [or]

13-11                (13)  Section 15.01, Penal Code (criminal attempt), if

13-12    the offense attempted was an offense under Section 19.02, Penal

13-13    Code (murder) or Section 19.03, Penal Code (capital murder), or an

13-14    offense listed by Section 3g(a)(1), Article 42.12, Code of Criminal

13-15    Procedure; or

13-16                (14)  Section 28.02, Penal Code (arson), if bodily

13-17    injury or death is suffered by any person by reason of the

13-18    commission of the conduct.

13-19          SECTION 9.  Section 54.01(e), Family Code, is amended to read

13-20    as follows:

13-21          (e)  At the conclusion of the hearing, the court shall order

13-22    the child released from detention unless it finds that:

13-23                (1)  he is likely to abscond or be removed from the

13-24    jurisdiction of the court;

13-25                (2)  suitable supervision, care, or protection for him

13-26    is not being provided by a parent, guardian, custodian, or other

13-27    person;

 14-1                (3)  he has no parent, guardian, custodian, or other

 14-2    person able to return him to the court when required;

 14-3                (4)  he [is accused of committing a felony offense and]

 14-4    may be dangerous to himself or may threaten the safety of the

 14-5    public [others] if released; or

 14-6                (5)  he has previously been found to be a delinquent

 14-7    child or has previously been convicted of a penal offense

 14-8    punishable by a term in jail or prison and is likely to commit an

 14-9    offense if released.

14-10          SECTION 10.  Section 54.03, Family Code, is amended by adding

14-11    Subsections (i) and (j) to read as follows:

14-12          (i)  In order to preserve for appellate or collateral review

14-13    the failure of the court to provide the child the explanation

14-14    required by Subsection (b), the attorney for the child must comply

14-15    with Rule 52(a), Texas Rules of Appellate Procedure, before

14-16    testimony begins or, if the adjudication is uncontested, before the

14-17    child pleads to the petition or agrees to a stipulation of

14-18    evidence.

14-19          (j)  When the state and the child agree to the disposition of

14-20    the case, in whole or in part, the prosecuting attorney shall

14-21    inform the court of the agreement between the state and the child.

14-22    The court shall inform the child that the court is not required to

14-23    accept the agreement.  The court may delay a decision on whether to

14-24    accept the agreement until after reviewing a report filed under

14-25    Section 54.04(b).  If the court decides not to accept the

14-26    agreement, the court shall inform the child of the court's decision

14-27    and give the child an opportunity to withdraw the plea or

 15-1    stipulation of evidence.  If the court rejects the agreement, no

 15-2    document, testimony, or other evidence placed before the court that

 15-3    relates to the rejected agreement may be considered by the court in

 15-4    a subsequent hearing in the case.  A statement made by the child

 15-5    before the court's rejection of the agreement to a person writing a

 15-6    report to be filed under Section 54.04(b) may not be admitted into

 15-7    evidence in a subsequent hearing in the case.  If the court accepts

 15-8    the agreement, the court shall make a disposition in accordance

 15-9    with the terms of the agreement between the state and the child.

15-10          SECTION 11.  Section 54.04(d), Family Code, is amended to

15-11    read as follows:

15-12          (d)  If the court or jury makes the finding specified in

15-13    Subsection (c) [of this section] allowing the court to make a

15-14    disposition in the case:

15-15                (1)  the court or jury may, in addition to any order

15-16    required or authorized under Section 54.041 or 54.042 [of this

15-17    code], place the child on probation on such reasonable and lawful

15-18    terms as the court may determine:

15-19                      (A)  in his own home or in the custody of a

15-20    relative or other fit person; or

15-21                      (B)  subject to the finding under Subsection (c)

15-22    [of this section] on the placement of the child outside the child's

15-23    home, in:

15-24                            (i)  a suitable foster home; or

15-25                            (ii)  a suitable public or private

15-26    institution or agency, except the Texas Youth Commission; [or]

15-27                      [(C)  after an adjudication that the child

 16-1    engaged in delinquent conduct and subject to the finding under

 16-2    Subsection (c) on the placement of the child outside the child's

 16-3    home, in an intermediate sanction facility operated under Chapter

 16-4    61, Human Resources Code;]

 16-5                (2)  if the court or jury found at the conclusion of

 16-6    the adjudication hearing that the child engaged in delinquent

 16-7    conduct and if the petition was not approved by the grand jury

 16-8    under Section 53.045 [of this code], the court may commit the child

 16-9    to the Texas Youth Commission without a  determinate sentence;

16-10                (3)  if the court or jury found at the conclusion of

16-11    the adjudication hearing that the child engaged in delinquent

16-12    conduct that included a violation of a penal law listed in Section

16-13    53.045(a) [of this code] and if the petition was approved by the

16-14    grand jury under Section 53.045 [of this code], the court or jury

16-15    may sentence the child to commitment in the Texas Youth Commission

16-16    with a possible transfer to the institutional division or the

16-17    pardons and paroles division of the Texas Department of Criminal

16-18    Justice for a term of:

16-19                      (A)  not more than 40 years if the conduct

16-20    constitutes:

16-21                            (i)  a capital felony;

16-22                            (ii)  a felony of the first degree;  or

16-23                            (iii)  an aggravated controlled substance

16-24    felony;

16-25                      (B)  not more than 20 years if the conduct

16-26    constitutes a felony of the second degree;  or

16-27                      (C)  not more than 10 years if the conduct

 17-1    constitutes a felony of the third degree;

 17-2                (4)  the court may assign the child an appropriate

 17-3    sanction level and sanctions as provided by the assignment

 17-4    guidelines in Section 59.003; or

 17-5                (5)  if applicable, the court or jury may make a

 17-6    disposition under Subsection (m) [of this section].

 17-7          SECTION 12.  Section 54.08, Family Code, is amended to read

 17-8    as follows:

 17-9          Sec. 54.08.  PUBLIC ACCESS TO COURT HEARINGS.  (a)  Except as

17-10    provided by this section [Subsection (b)], the court shall open

17-11    hearings under this title to the public unless the court, for good

17-12    cause shown, determines that the public should be excluded.

17-13          (b)  The court may not prohibit a person who is a victim of

17-14    the conduct of a child, or the person's family, from personally

17-15    attending a hearing under this title relating to the conduct by the

17-16    child unless the victim or member of the victim's family is to

17-17    testify in the hearing or any subsequent hearing relating to the

17-18    conduct and the court determines that the victim's or family

17-19    member's testimony would be materially affected if the victim or

17-20    member of the victim's family hears other testimony at trial.

17-21          (c)  If a child is under the age of 14 at the time of the

17-22    hearing, the court shall close the hearing to the public unless the

17-23    court finds that the interests of the child or the interests of the

17-24    public would be better served by opening the hearing to the public.

17-25          (d)  In this section, "family" has the meaning assigned by

17-26    Section 71.003.

17-27          SECTION 13.  Section 54.10(b), Family Code, is amended to

 18-1    read as follows:

 18-2          (b)  At the conclusion of the hearing, the referee shall

 18-3    transmit written findings and recommendations to the juvenile court

 18-4    judge.  The juvenile court judge shall adopt, modify, or reject the

 18-5    referee's recommendations not later than the next working day after

 18-6    the day that the judge receives the recommendations [within 24

 18-7    hours].  Failure to act within that time [In the same case of a

 18-8    detention hearing as authorized by Section 54.01 of this code, the

 18-9    failure of the juvenile court to act within 24 hours] results in

18-10    release of the child by operation of law and a recommendation that

18-11    the child be released operates to secure his immediate release

18-12    subject to the power of the juvenile court judge to modify or

18-13    reject that recommendation.

18-14          SECTION 14.  Section 55.03(a), Family Code, is amended to

18-15    read as follows:

18-16          (a)  If a child is found or alleged to be unfit to proceed as

18-17    a result of mental retardation under Section 55.04 [of this

18-18    chapter] or is found not responsible for the child's conduct as a

18-19    result of mental retardation under Section 55.05 [of this chapter],

18-20    the court shall order a determination of mental retardation and an

18-21    interdisciplinary team recommendation of the child, as provided by

18-22    Chapter 593, Health and Safety Code, to be performed at a facility

18-23    approved or operated by the Texas Department of Mental Health and

18-24    Mental Retardation or at a community center established in

18-25    accordance with Chapter 534, Health and Safety Code.  [If the court

18-26    finds that the results of such determination of mental retardation

18-27    indicate a significantly subaverage general intellectual function

 19-1    of 2.5 or more standard deviations below the age-group mean for the

 19-2    tests used existing concurrently with significantly related

 19-3    deficits in adaptive behavior, the court shall initiate proceedings

 19-4    to order commitment of the child to a residential care facility, as

 19-5    that term is defined by Section 591.003, Health and Safety Code.]

 19-6          SECTION 15.  Section 56.01(b), Family Code, is amended to

 19-7    read as follows:

 19-8          (b)  The requirements governing an appeal are as in civil

 19-9    cases generally.  When an appeal is sought by filing a notice of

19-10    appeal, security for costs of appeal, or an affidavit of inability

19-11    to pay the costs of appeal, and the filing is made in a timely

19-12    fashion after the date the disposition order is signed, the appeal

19-13    must include the juvenile court adjudication and all rulings

19-14    contributing to that adjudication.  An appeal of the adjudication

19-15    may be sought notwithstanding that the adjudication order was

19-16    signed more than 30 days before the date the notice of appeal,

19-17    security for costs of appeal, or affidavit of inability to pay the

19-18    costs of appeal was filed.  A motion for new trial seeking to

19-19    vacate an adjudication is timely if the motion is filed not later

19-20    than the 30th day after the date on which the disposition order is

19-21    signed.

19-22          SECTION 16.  Section 58.001, Family Code, is amended by

19-23    amending Subsection (c) and adding Subsections (d)-(f) to read as

19-24    follows:

19-25          (c)  A law enforcement agency may forward information,

19-26    including photographs and fingerprints, relating to a child who has

19-27    been detained or taken into custody by the agency to the Department

 20-1    of Public Safety [of the State of Texas] for inclusion in the

 20-2    juvenile justice information system created under Subchapter B only

 20-3    if the child is referred to juvenile court on or before the 10th

 20-4    day after the date the child is detained or taken into custody.  If

 20-5    the child is not referred to juvenile court within that time, the

 20-6    law enforcement agency shall destroy all information, including

 20-7    photographs and fingerprints, relating to the child unless the

 20-8    child is placed in a first offender program under Section 52.031 or

 20-9    on informal disposition under Section 52.03.  The law enforcement

20-10    agency may not forward any information to the Department of Public

20-11    Safety [of the State of Texas] relating to the child while the

20-12    child is in a first offender program under Section 52.031, or

20-13    during the 90 days following successful completion of the program

20-14    or while the  child is on informal disposition under Section 52.03.

20-15    Except as provided by Subsection (f), after the date the child

20-16    completes an informal disposition under Section 52.03 or after the

20-17    90th day after [On  successful completion by] the date the child

20-18    successfully  completes [of] a first offender program under Section

20-19    52.031 [or informal disposition under Section 52.03], the law

20-20    enforcement agency shall destroy all information, including

20-21    photographs and fingerprints, relating to the child.

20-22          (d)  If information relating to a child is contained in a

20-23    document that also contains information relating to an adult and a

20-24    law enforcement agency is required to destroy all information

20-25    relating to the child under this section, the agency shall alter

20-26    the document so that the information relating to the child is

20-27    destroyed and the information relating to the adult is preserved.

 21-1          (e)  The deletion of a computer entry constitutes destruction

 21-2    of the information contained in the entry.

 21-3          (f)  A law enforcement agency may maintain information

 21-4    relating to a child after the 90th day after the date the child

 21-5    successfully completes a first offender program under Section

 21-6    52.031 only to determine the child's eligibility to participate in

 21-7    a first offender program.

 21-8          SECTION 17.  Section 58.002, Family Code, is amended by

 21-9    adding Subsections (c) and (d) to read as follows:

21-10          (c)  This section does not prohibit a law enforcement officer

21-11    from photographing or fingerprinting a child who is not in custody

21-12    if the child's parent or guardian voluntarily consents in writing

21-13    to the photographing or fingerprinting of the child.

21-14          (d)  This section does not apply to fingerprints that are

21-15    required or authorized to be submitted or obtained for an

21-16    application for a driver's license or personal identification card.

21-17          SECTION 18.  Section 58.003, Family Code, is amended by

21-18    adding Subsection (m) to read as follows:

21-19          (m)  A record created or maintained under Article 6252-13c.1,

21-20    Revised Statutes, may not be sealed under this section if the

21-21    person who is the subject of the record has a continuing obligation

21-22    to register under that article.

21-23          SECTION 19.  Section 58.007(a), Family Code, is amended to

21-24    read as follows:

21-25          (a)  This section applies only to the inspection and

21-26    maintenance of a physical record or file concerning a child and

21-27    does not affect the collection, dissemination, or maintenance of

 22-1    information as provided by Subchapter B.  This section does not

 22-2    apply to a record or file relating to a child that is required or

 22-3    authorized to be maintained under the laws regulating the operation

 22-4    of motor vehicles in this state or to a record or file relating to

 22-5    a child that is maintained by a municipal or justice court.

 22-6          SECTION 20.  Section 58.007, Family Code, is amended by

 22-7    amending Subsection (c) and adding Subsection (g) to read as

 22-8    follows:

 22-9          (c)  Except as provided by Subsection (d), law enforcement

22-10    records and files concerning a child may not be disclosed to the

22-11    public and shall be:

22-12                (1)  [be] kept separate from adult files and records;

22-13    and

22-14                (2)  [be] maintained on a local basis only and not sent

22-15    to a central state or federal depository, except as provided by

22-16    Subchapter B.

22-17          (g)  For the purpose of offering a record as evidence in the

22-18    punishment phase of a criminal proceeding, a prosecuting attorney

22-19    may obtain the record of a defendant's adjudication that is

22-20    admissible under Section 3(a), Article 37.07, Code of Criminal

22-21    Procedure, by submitting a request for the record to the juvenile

22-22    court that made the adjudication.  If a court receives a request

22-23    from a prosecuting attorney under this subsection, the court shall,

22-24    if the court possesses the requested record of adjudication,

22-25    certify and provide the prosecuting attorney with a copy of the

22-26    record.

22-27          SECTION 21.  Section 58.104(f), Family Code, is amended to

 23-1    read as follows:

 23-2          (f)  Records maintained by the department in the depository

 23-3    are subject to being sealed under Section 58.003.  The department

 23-4    shall send to the appropriate juvenile court its certification of

 23-5    records that the department determines, according to the

 23-6    department's records, are eligible for sealing under Section

 23-7    58.003(a).

 23-8          SECTION 22.  Section 59.003, Family Code, is amended to read

 23-9    as follows:

23-10          Sec. 59.003.  SANCTION LEVEL ASSIGNMENT GUIDELINES.  (a)

23-11    Subject to Subsection (e), after a child's first commission of

23-12    delinquent conduct or conduct indicating a need for supervision,

23-13    the probation department or prosecuting attorney may, or the

23-14    juvenile court may, in a disposition hearing under Section 54.04 or

23-15    a modification hearing under Section 54.05, assign a child one of

23-16    the following sanction levels according to the child's conduct:

23-17                (1)  for conduct indicating a need for supervision,

23-18    other than a Class A or B misdemeanor, the sanction level is one;

23-19                (2)  for a Class A or B misdemeanor, other than a

23-20    misdemeanor involving the use or possession of a firearm, or for

23-21    delinquent conduct under Section 51.03(a)(2) or (3), the sanction

23-22    level is two;

23-23                (3)  for a misdemeanor involving the use or possession

23-24    of a firearm or for a state jail felony or a felony of the third

23-25    degree, the sanction level is three;

23-26                (4)  for a felony of the second degree, the sanction

23-27    level is four;

 24-1                (5)  for a felony of the first degree, other than a

 24-2    felony involving the use of a deadly weapon or causing serious

 24-3    bodily injury, the sanction level is five;

 24-4                (6)  for a felony of the first degree involving the use

 24-5    of a deadly weapon or causing serious bodily injury, [or] for an

 24-6    aggravated controlled substance felony, or for a capital felony,

 24-7    the  sanction level is six [or, if the petition has been approved

 24-8    by a grand jury under Section 53.045, seven]; or

 24-9                (7)  for a [capital] felony of the first degree

24-10    involving the use of a deadly weapon or causing serious bodily

24-11    injury, for an aggravated controlled substance felony, or for a

24-12    capital felony, if the petition has been approved by a grand jury

24-13    under Section 53.045, or if a petition to transfer the child to

24-14    criminal court has been filed under Section 54.02, the sanction

24-15    level is seven.

24-16          (b)  Subject to Subsection (e), if the child subsequently is

24-17    found to have engaged in delinquent conduct in an adjudication

24-18    hearing under Section 54.03 or a hearing to modify a disposition

24-19    under Section 54.05 on two separate occasions and each involves a

24-20    violation of a penal law of a classification that is less than the

24-21    classification of the child's previous conduct, the juvenile court

24-22    may assign the child a sanction level that is one level higher than

24-23    the previously assigned sanction level, unless the child's

24-24    previously assigned sanction level is six.  [For a child's refusal

24-25    to comply with the restrictions and standards of behavior

24-26    established by the parent or guardian and the court, a parent or

24-27    guardian may notify the court of the child's refusal to comply, and

 25-1    the court may place the child at the next level of sanction.

 25-2    Notification of the court by the parent or guardian of the child's

 25-3    refusal satisfies the requirement of the parent to make a

 25-4    reasonable good faith effort to prevent the child from engaging in

 25-5    delinquent conduct or engaging in conduct indicating a need for

 25-6    supervision.]

 25-7          (c)  Subject to Subsection (e), if the child's subsequent

 25-8    commission of delinquent conduct or conduct indicating a need for

 25-9    supervision involves a violation of a penal law of a classification

25-10    that is the same as or greater than the classification of the

25-11    child's previous conduct, the juvenile court may assign the child a

25-12    sanction level that is one level higher  than the previously

25-13    assigned sanction level, unless:

25-14                (1)  the child's previously assigned sanction level is

25-15    five and the child has not been adjudicated for delinquent conduct;

25-16                (2)  the child's previously assigned sanction level is

25-17    six, unless the subsequent violation is of a provision listed under

25-18    Section 53.045(a) and the petition has been approved by a grand

25-19    jury under Section 53.045; or

25-20                (3)  the child's previously assigned sanction level is

25-21    seven.

25-22          (d)  Subject to Subsection (e), if the child's previously

25-23    assigned sanction level is four or five and the child's subsequent

25-24    commission of delinquent conduct is of the grade of felony, the

25-25    juvenile court may assign the child a sanction level that is one

25-26    level higher than the previously assigned sanction level.

25-27          (e)  A juvenile court or probation department  that deviates

 26-1    from the guidelines under this section shall state in writing its

 26-2    reasons for the deviation and submit the statement to the juvenile

 26-3    board regardless of whether a progressive sanctions program has

 26-4    been adopted by the juvenile board.  Nothing in this chapter

 26-5    prohibits the imposition of appropriate sanctions that are

 26-6    different from those provided at any sanction level.

 26-7          (f)  The probation department may, in accordance with Section

 26-8    54.05, request the extension of [extend] a period of probation

 26-9    specified under sanction levels one  through five if the

26-10    circumstances of the child warrant the extension [and the probation

26-11    department notifies the juvenile court in writing of the extension

26-12    and the period of and reason for the extension.  The court may on

26-13    notice to the probation department deny the extension].

26-14          (g)  Before the court assigns the child a sanction level that

26-15    involves the revocation of the child's probation and the commitment

26-16    of the child to the Texas Youth Commission, the court shall hold a

26-17    hearing to modify the disposition as required by Section 54.05.

26-18          SECTION 23.  Section 59.004(a), Family Code, is amended to

26-19    read as follows:

26-20          (a)  For a child at sanction level one, the juvenile court or

26-21    probation department may:

26-22                (1)  require counseling for the child regarding the

26-23    child's conduct;

26-24                (2)  inform the child of the progressive sanctions that

26-25    may be imposed on the child if the child continues to engage in

26-26    delinquent conduct or conduct indicating a need for supervision;

26-27                (3)  inform the child's parents or guardians of the

 27-1    parents' or guardians' responsibility to impose reasonable

 27-2    restrictions on the child to prevent the conduct from recurring;

 27-3                (4)  provide information or other assistance to the

 27-4    child or the child's parents or guardians in securing needed social

 27-5    services;

 27-6                (5)  require the child or the child's parents or

 27-7    guardians to participate in a program for services under Section

 27-8    264.302, if a program under Section 264.302 is available to the

 27-9    child or the child's parents or guardians;

27-10                (6)  refer the child to a community-based citizen

27-11    intervention program approved by the juvenile court;  and

27-12                (7)  release the child to the child's parents or

27-13    guardians.

27-14          SECTION 24.  Section 59.005(a), Family Code, is amended to

27-15    read as follows:

27-16          (a)  For a child at sanction level two, the juvenile court,

27-17    the prosecuting attorney, or the probation department may, as

27-18    provided by Section 53.03:

27-19                (1)  place the child on deferred prosecution or

27-20    court-ordered [or informal] probation for not less than three

27-21    months or more than six months;

27-22                (2)  require the child to make restitution to the

27-23    victim of the child's conduct or perform community service

27-24    restitution appropriate to the nature and degree of harm caused and

27-25    according to the child's ability;

27-26                (3)  require the child's parents or guardians to

27-27    identify restrictions the parents or guardians will impose on the

 28-1    child's activities and requirements the parents or guardians will

 28-2    set for the child's behavior;

 28-3                (4)  provide the information required under Sections

 28-4    59.004(a)(2) and (4);

 28-5                (5)  require the child or the child's parents or

 28-6    guardians to participate in a program for services under Section

 28-7    264.302, if a program under Section 264.302 is available to the

 28-8    child or the child's parents or guardians;

 28-9                (6)  refer the child to a community-based citizen

28-10    intervention program approved by the juvenile court;  and

28-11                (7)  if appropriate, impose additional conditions of

28-12    probation.

28-13          SECTION 25.  Section 59.006(a), Family Code, is amended to

28-14    read as follows:

28-15          (a)  For a child at sanction level three, the juvenile court

28-16    may:

28-17                (1)  place the child on probation for not less than six

28-18    months or more than 12 months;

28-19                (2)  require the child to make restitution to the

28-20    victim of the child's conduct or perform community service

28-21    restitution appropriate to the nature and degree of harm caused and

28-22    according to the child's ability;

28-23                (3)  impose specific restrictions on the child's

28-24    activities and requirements for the child's behavior as conditions

28-25    of probation;

28-26                (4)  require a probation officer to closely monitor the

28-27    child's activities and behavior;

 29-1                (5)  require the child or the child's parents or

 29-2    guardians to participate in programs or services designated by the

 29-3    court or probation officer; and

 29-4                (6)  if appropriate, impose additional conditions of

 29-5    probation.

 29-6          SECTION 26.  Section 59.007(a), Family Code, is amended to

 29-7    read as follows:

 29-8          (a)  For a child at sanction level four, the juvenile court

 29-9    may:

29-10                (1)  require the child to participate as a condition of

29-11    probation for not less than three months or more than 12 months in

29-12    a highly intensive and regimented program that emphasizes

29-13    discipline, physical fitness, social responsibility, and productive

29-14    work;

29-15                (2)  after release from the program described by

29-16    Subdivision (1), continue the child on probation supervision for

29-17    not less than six months or more than 12 months;

29-18                (3)  require the child to make restitution to the

29-19    victim of the child's conduct or perform community service

29-20    restitution appropriate to the nature and degree of harm caused and

29-21    according to the child's ability;

29-22                (4)  impose highly structured restrictions on the

29-23    child's activities and requirements for behavior of the child as

29-24    conditions of probation;

29-25                (5)  require a probation officer to closely monitor the

29-26    child;

29-27                (6)  require the child or the child's parents or

 30-1    guardians to participate in programs or services designed to

 30-2    address their particular needs and circumstances; and

 30-3                (7)  if appropriate, impose additional sanctions.

 30-4          SECTION 27.  Section 59.008(a), Family Code, is amended to

 30-5    read as follows:

 30-6          (a)  For a child at sanction level five, the juvenile court

 30-7    may:

 30-8                (1)  as a condition of probation, place [require] the

 30-9    child [to participate as a condition of probation] for not less

30-10    than six months or more than 12 [nine] months in a

30-11    post-adjudication secure correctional facility [highly structured

30-12    residential program that emphasizes discipline, accountability,

30-13    physical fitness, and productive work];

30-14                (2)  after release from the program described by

30-15    Subdivision (1), continue the child on probation supervision for

30-16    not less than six months or more than 12 months;

30-17                (3)  require the child to make restitution to the

30-18    victim of the child's conduct or perform community service

30-19    restitution appropriate to the nature and degree of harm caused and

30-20    according to the child's ability;

30-21                (4)  impose highly structured restrictions on the

30-22    child's activities and requirements for behavior of the child as

30-23    conditions of probation;

30-24                (5)  require a probation officer to closely monitor the

30-25    child;

30-26                (6)  require the child or the child's parents or

30-27    guardians to participate in programs or services designed to

 31-1    address their particular needs and circumstances;  and

 31-2                (7)  if appropriate, impose additional sanctions.

 31-3          SECTION 28.  Section 59.009(a), Family Code, is amended to

 31-4    read as follows:

 31-5          (a)  For a child at sanction level six, the juvenile court

 31-6    may [shall] commit the child to the custody of the Texas Youth

 31-7    Commission.  The commission may:

 31-8                (1)  require the child to participate in a highly

 31-9    structured residential program that emphasizes discipline,

31-10    accountability, fitness, training, and productive work for not less

31-11    than nine months or more than 24 months unless the commission

31-12    extends the period and the reason for an extension is documented;

31-13                (2)  require the child to make restitution to the

31-14    victim of the child's conduct or perform community service

31-15    restitution appropriate to the nature and degree of the harm caused

31-16    and according to the child's ability, if there is a victim of the

31-17    child's conduct;

31-18                (3)  require the child and the child's parents or

31-19    guardians to participate in programs and services for their

31-20    particular needs and circumstances;  and

31-21                (4)  if appropriate, impose additional sanctions.

31-22          SECTION 29.  Section 59.010(a), Family Code, is amended to

31-23    read as follows:

31-24          (a)  For a child at sanction level seven, the juvenile court

31-25    may certify and transfer the child under Section 54.02 or [shall]

31-26    sentence the child to commitment to the Texas Youth Commission

31-27    under Section 54.04(d)(3), 54.04(m), or 54.05(f).  The commission

 32-1    may:

 32-2                (1)  require the child to participate in a highly

 32-3    structured residential program that emphasizes discipline,

 32-4    accountability, fitness, training, and productive work for not less

 32-5    than 12 months or more than 10 years unless the commission extends

 32-6    the period and the reason for the extension is documented;

 32-7                (2)  require the child to make restitution to the

 32-8    victim of the child's conduct or perform community service

 32-9    restitution appropriate to the nature and degree of harm caused and

32-10    according to the child's ability, if there is a victim of the

32-11    child's conduct;

32-12                (3)  require the child and the child's parents or

32-13    guardians to participate in programs and services for their

32-14    particular needs and circumstances; and

32-15                (4)  impose any other appropriate sanction.

32-16          SECTION 30.  Section 264.302(e), Family Code, is amended to

32-17    read as follows:

32-18          (e)  The department shall provide services[, directly or by

32-19    contract,] for a child and the child's family if a contract to

32-20    provide services under this section is available in the county and

32-21    the child is referred to the department as an at-risk child by:

32-22                (1)  a court under Section 264.304;

32-23                (2)  a juvenile court or probation department as part

32-24    of a progressive sanctions program under Chapter 59;

32-25                (3)  a law enforcement officer or agency under Section

32-26    52.03; or

32-27                (4)  a justice or municipal court under Section 54.022.

 33-1          SECTION 31.  Section 3, Article 37.07, Code of Criminal

 33-2    Procedure, is amended by amending Subsection (a) and adding

 33-3    Subsection (h) to read as follows:

 33-4          (a)  Regardless of the plea and whether the punishment be

 33-5    assessed by the judge or the jury, evidence may be offered by the

 33-6    state and the defendant as to any matter the court deems relevant

 33-7    to sentencing, including but not limited to the prior criminal

 33-8    record of the defendant, his general reputation, his character, an

 33-9    opinion regarding his character, the circumstances of the offense

33-10    for which he is being tried, and, notwithstanding Rules 404 and

33-11    405, Texas Rules of Criminal Evidence, any other evidence of an

33-12    extraneous crime or bad act that is shown beyond a reasonable doubt

33-13    by evidence to have been committed by the defendant or for which he

33-14    could be held criminally responsible, regardless of whether he has

33-15    previously been charged with or finally convicted of the crime or

33-16    act.  A court may consider as a factor in mitigating punishment the

33-17    conduct of a defendant while participating in a program under

33-18    Chapter 17 [of this code] as a condition of release on bail.

33-19    Additionally, notwithstanding Rule 609(d), Texas Rules of Criminal

33-20    Evidence, and subject to Subsection (h), evidence may be offered by

33-21    the state and the defendant of an adjudication of delinquency based

33-22    on a violation by the defendant of a penal law of the grade of:

33-23                (1)  a felony; or

33-24                (2)  a misdemeanor punishable by confinement in jail.

33-25          (h)  Evidence of an adjudication for conduct that is a

33-26    violation of a penal law of the grade of misdemeanor punishable by

33-27    confinement in jail is admissible only if the conduct upon which

 34-1    the adjudication is based occurred on or after January 1, 1996.

 34-2          SECTION 32.  Section 61.073, Human Resources Code, is amended

 34-3    to read as follows:

 34-4          Sec. 61.073.  RECORDS OF EXAMINATIONS AND TREATMENT.  The

 34-5    commission shall keep written records of all examinations and

 34-6    conclusions based on them and of all orders concerning the

 34-7    disposition or treatment of each child subject to its control.

 34-8    Except as provided by Section 61.093(c), these [These] records are

 34-9    not public and are available only according to the provisions of

34-10    Section 58.005, Family Code, and Chapter 61, Code of Criminal

34-11    Procedure.

34-12          SECTION 33.  Section 61.077, Human Resources Code, is amended

34-13    to read as follows:

34-14          Sec. 61.077.  CHILDREN WITH MENTAL ILLNESS OR MENTAL

34-15    RETARDATION [MENTALLY ILL OR RETARDED CHILD].  (a)  [If the

34-16    commission determines that a child committed to it is mentally ill,

34-17    the commission, without delay, shall return the child to the court

34-18    of original jurisdiction for appropriate disposition or shall

34-19    request that the court in the county where the child is located

34-20    take any action required by the condition of the child.]

34-21          [(b)]  The commission shall accept a child committed to the

34-22    commission who is mentally ill or mentally retarded.

34-23          (b)  Unless a child is committed to the commission under a

34-24    determinate sentence under Section 54.04(d)(3), 54.04(m), or

34-25    54.05(f), Family Code, the commission shall discharge a child who

34-26    is mentally ill or mentally retarded from its custody if:

34-27                (1)  the child has completed the minimum length of stay

 35-1    for the child's committing offense; and

 35-2                (2)  the commission determines that the child is unable

 35-3    to progress in the commission's rehabilitation programs because of

 35-4    the child's mental illness or mental retardation.

 35-5          SECTION 34.  Subchapter E, Chapter 61, Human Resources Code,

 35-6    is amended by adding Section 61.0772 to read as follows:

 35-7          Sec. 61.0772.  EXAMINATION BEFORE DISCHARGE.  (a)  The

 35-8    commission shall establish a system that identifies children in the

 35-9    commission's custody who are mentally ill or mentally retarded.

35-10          (b)  Not later than the 30th day before the date a child who

35-11    is identified as mentally ill is discharged from the commission's

35-12    custody under Section 61.077(b), a commission psychiatrist shall

35-13    examine the child.  The psychiatrist shall file a sworn application

35-14    for court-ordered mental health services, as provided in Subchapter

35-15    C, Chapter 574, Health and Safety Code, if the psychiatrist

35-16    determines that the child is mentally ill and the child meets at

35-17    least one of the criteria listed in Section 574.034, Health and

35-18    Safety Code.

35-19          (c)  Not later than the 30th day before the date a child who

35-20    is identified as mentally retarded is discharged from the

35-21    commission's custody under Section 61.077(b), the commission shall

35-22    refer the child for a determination of mental retardation and an

35-23    interdisciplinary team recommendation of the child, as provided by

35-24    Chapter 593, Health and Safety Code, to be performed at a facility

35-25    approved or operated by the Texas Department of Mental Health and

35-26    Mental Retardation or at a community center established in

35-27    accordance with Chapter 534, Health and Safety Code.

 36-1          SECTION 35.  Section 61.093, Human Resources Code, is amended

 36-2    by adding Subsection (c) to read as follows:

 36-3          (c)  Notwithstanding Section 58.005, Family Code, the

 36-4    commission may disseminate to the public the following information

 36-5    relating to a child who has escaped from custody:

 36-6                (1)  the child's name, including other names by which

 36-7    the child is known;

 36-8                (2)  the child's physical description, including sex,

 36-9    weight, height, race, ethnicity, eye color, hair color, scars,

36-10    marks, and tattoos;

36-11                (3)  a photograph of the child; and

36-12                (4)  if necessary to protect the welfare of the

36-13    community, any other information that reveals dangerous

36-14    propensities of the child or expedites the apprehension of the

36-15    child.

36-16          SECTION 36.  Section 61.101, Human Resources Code, is amended

36-17    to read as follows:

36-18          Sec. 61.101.  YOUTH BOOT CAMP PROGRAMS.  (a)  The commission

36-19    may establish a youth boot camp program and may employ necessary

36-20    personnel to operate the youth boot camps.

36-21          (b)  [The commission, in consultation with the Texas Juvenile

36-22    Probation Commission, may develop a program of moral, academic,

36-23    vocational, physical, and correctional training and activities in

36-24    which a child placed in a youth boot camp as an intermediate

36-25    sanction under Section 54.04(d)(1)(C), Family Code, is required to

36-26    participate, including programs to educate the child as to the

36-27    conditions under which children committed to the Texas Youth

 37-1    Commission and the institutional division of the Texas Department

 37-2    of Criminal Justice live and follow-up programs to aid successful

 37-3    community reintegration.]

 37-4          [(c)  The commission may refuse to accept a child in a youth

 37-5    boot camp as an intermediate sanction under Section 54.04(d)(1)(C),

 37-6    Family Code, and may return the child to the juvenile court in the

 37-7    same manner and under the same conditions provided under Section

 37-8    61.0386.]

 37-9          [(d)  The placement of a child in a youth boot camp as an

37-10    intermediate sanction under Section 54.04(d)(1)(C), Family Code, is

37-11    not a commitment to the commission, and the child may not be

37-12    transferred by the commission, or be a resident of, any other type

37-13    of commission facility other than a medical facility.]

37-14          [(e)]  The commission, in consultation with the Texas

37-15    Juvenile Probation Commission, shall develop guidelines for a

37-16    program of physical and correctional training and military-style

37-17    discipline for children placed in youth boot camps operated by

37-18    local probation departments for violating the conditions of release

37-19    under supervision or parole under Section 61.081.

37-20          (c) [(f)]  The commission shall develop a program of physical

37-21    and correctional training and military-style discipline for

37-22    children committed to the commission who are placed in youth boot

37-23    camps or other commission facilities.

37-24          (d) [(g)]  The commission shall adopt rules of conduct for

37-25    children participating in the program under this section.

37-26          SECTION 37.  Section 141.042(a), Human Resources Code, is

37-27    amended to read as follows:

 38-1          (a)  The commission shall adopt reasonable rules that

 38-2    provide:

 38-3                (1)  minimum standards for personnel, staffing, case

 38-4    loads, programs, facilities, record keeping, equipment, and other

 38-5    aspects of the operation of a juvenile board that are necessary to

 38-6    provide adequate and effective probation services;

 38-7                (2)  a code of ethics for probation officers and for

 38-8    the enforcement of that code;

 38-9                (3)  appropriate educational, preservice and in-service

38-10    training, and certification standards for probation officers or

38-11    court-supervised community-based program personnel; [and]

38-12                (4)  minimum standards for juvenile detention

38-13    facilities, public post-adjudication juvenile secure correctional

38-14    facilities that are operated under the authority of a juvenile

38-15    board, and private post-adjudication juvenile secure correctional

38-16    facilities, except those facilities exempt from certification by

38-17    Section 42.052(e); and

38-18                (5)  procedures for the implementation of a progressive

38-19    sanctions program under Chapter 59, Family Code.

38-20          SECTION 38.  Section 574.001, Health and Safety Code, is

38-21    amended by amending Subsection (b) and adding Subsection (f) to

38-22    read as follows:

38-23          (b)  Except as provided by Subsection (f), the [The]

38-24    application must be filed with the county clerk in the county in

38-25    which the proposed patient:

38-26                (1)  resides;

38-27                (2)  is found;  or

 39-1                (3)  is receiving mental health services by court order

 39-2    or under Subchapter A, Chapter 573.

 39-3          (f)  An application in which the proposed patient is a child

 39-4    in the custody of the Texas Youth Commission may be filed in the

 39-5    county in which the child's commitment to the commission was

 39-6    ordered.

 39-7          SECTION 39.  Section 593.041, Health and Safety Code, is

 39-8    amended by amending Subsection (b) and adding Subsection (e) to

 39-9    read as follows:

39-10          (b)  Except as provided by Subsection (e), the [The]

39-11    application must be filed with the county clerk in the county in

39-12    which the proposed resident resides.  If the superintendent of a

39-13    residential care facility files an application for judicial

39-14    commitment of a voluntary resident, the county in which the

39-15    facility is located is considered the resident's county of

39-16    residence.

39-17          (e)  An application in which the proposed patient is a child

39-18    in the custody of the Texas Youth Commission may be filed in the

39-19    county in which the child's commitment to the commission was

39-20    ordered.

39-21          SECTION 40.  Sections 729.001(a) and (c), Transportation

39-22    Code, are amended to read as follows:

39-23          (a)  A person who is [at least 14 years of age but] younger

39-24    than 17 years of age commits an offense if the person operates a

39-25    motor vehicle on a public road or highway, a street or alley in a

39-26    municipality, or a public beach in violation of any traffic law of

39-27    this state, including:

 40-1                (1)  Chapter 502, other than Section 502.282[,

 40-2    502.408(b), 502.409(c),] or 502.412;

 40-3                (2)  Chapter 521;

 40-4                (3)  Subtitle C, other than an offense under Section

 40-5    550.021, 550.022, or 550.024;

 40-6                (4)  Chapter 601;

 40-7                (5)  Chapter 621;

 40-8                (6)  Chapter 661; and

 40-9                (7)  Chapter 681.

40-10          (c)  An offense under this section is a Class C misdemeanor

40-11    [punishable by a fine not to exceed $100].

40-12          SECTION 41.  Section 51.02(16), Family Code, is amended to

40-13    read as follows:

40-14                (16)  "Traffic offense" means:

40-15                      (A)  a violation of a penal statute cognizable

40-16    under Chapter 729, Transportation Code, except for:

40-17                            (i)  conduct constituting an offense under

40-18    Section 550.021, Transportation Code;

40-19                            (ii)  conduct constituting an offense

40-20    punishable as a Class B misdemeanor under Section 550.022,

40-21    Transportation Code; or

40-22                            (iii)  conduct constituting an offense

40-23    punishable as a Class B misdemeanor under Section 550.024,

40-24    Transportation Code [302, Acts of the 55th Legislature, Regular

40-25    Session, 1957, as amended (Article 6701l-4, Vernon's Texas Civil

40-26    Statutes)]; or

40-27                      (B)  a violation of a motor vehicle traffic

 41-1    ordinance of an incorporated city or town in this state.

 41-2          SECTION 42.  Section 8.07(a), Penal Code, is amended to read

 41-3    as follows:

 41-4          (a)  A person may not be prosecuted for or convicted of any

 41-5    offense that he committed when younger than 15 years of age except:

 41-6                (1)  perjury and aggravated perjury when it appears by

 41-7    proof that he had sufficient discretion to understand the nature

 41-8    and obligation of an oath;

 41-9                (2)  a violation of a penal statute cognizable under

41-10    Chapter 729, Transportation Code, except for:

41-11                      (A)  an offense under Section 550.021,

41-12    Transportation Code;

41-13                      (B)  an offense punishable as a Class B

41-14    misdemeanor under Section 550.022, Transportation Code; or

41-15                      (C)  an offense punishable as a Class B

41-16    misdemeanor under Section 550.024, Transportation Code [302, Acts

41-17    of the 55th Legislature, Regular Session, 1957 (Article 6701l-4,

41-18    Vernon's Texas Civil Statutes)];

41-19                (3)  a violation of a motor vehicle traffic ordinance

41-20    of an incorporated city or town in this state;

41-21                (4)  a misdemeanor punishable by fine only other than

41-22    public intoxication;

41-23                (5)  a violation of a penal ordinance of a political

41-24    subdivision; or

41-25                (6)  a violation of a penal statute that is, or is a

41-26    lesser included offense of, a capital felony, an aggravated

41-27    controlled substance felony, or a felony of the first degree for

 42-1    which the person is transferred to the court under Section 54.02,

 42-2    Family Code, for prosecution if the person committed the offense

 42-3    when 14 years of age or older.

 42-4          SECTION 43.  Section 729.002, Transportation Code, is amended

 42-5    to read as follows:

 42-6          Sec. 729.002.  OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT

 42-7    LICENSE.  (a)  A person who is [at least 14 years of age but]

 42-8    younger than 17 years of age commits an offense if the person

 42-9    operates a motor vehicle without a driver's license authorizing the

42-10    operation of a motor vehicle on a:

42-11                (1)  public road or highway;

42-12                (2)  street or alley in a municipality; or

42-13                (3)  public beach as defined by Section 729.001.

42-14          (b)  An offense under this section is a Class C misdemeanor

42-15    [punishable by a fine not to exceed $100].

42-16          SECTION 44.  Section 729.003(a), Transportation Code, is

42-17    amended to read as follows:

42-18          (a)  A person may not plead guilty to an offense under

42-19    Section 729.001 or 729.002 or to a violation of a motor vehicle

42-20    traffic ordinance of an incorporated city or town except in open

42-21    court before a judge.  A person may not be convicted of an offense

42-22    or fined as provided by this chapter or under a municipal traffic

42-23    ordinance except in the presence of one or both parents or

42-24    guardians having legal custody of the person.  The court shall

42-25    summon one or both parents or guardians to appear in court and

42-26    shall require one or both of them to be present during all

42-27    proceedings in the case.  The court may waive the requirement of

 43-1    the presence of parents or guardians if, after diligent effort, the

 43-2    court cannot locate them or compel their presence.

 43-3          SECTION 45.  Subchapter B, Chapter 87, Education Code, is

 43-4    amended by adding Section 87.105 to read as follows:

 43-5          Sec. 87.105.  CENTER FOR THE STUDY AND PREVENTION OF JUVENILE

 43-6    CRIME AND DELINQUENCY.  (a)  The Center for the Study and

 43-7    Prevention of Juvenile Crime and Delinquency is established at

 43-8    Prairie View A&M University.

 43-9          (b)  The organization, control, and management of the center

43-10    is vested in the board of regents of The Texas A&M University

43-11    System.

43-12          (c)  The board of regents shall approve the employment of

43-13    personnel by and the operating budget of the center.  An employee

43-14    of the center is an employee of Prairie View A&M University.

43-15          (d)  The center may:

43-16                (1)  conduct, coordinate, collect, and evaluate

43-17    research in all areas relating to juvenile crime and delinquency;

43-18                (2)  provide a setting for educational programs

43-19    relating to juvenile crime and delinquency, including degree

43-20    programs at Prairie View A&M University and other educational

43-21    programs such as continuing education and in-service training for

43-22    criminal justice and social service professionals;

43-23                (3)  serve as a state and national resource for

43-24    information on juvenile crime and delinquency; and

43-25                (4)  in connection with its research and educational

43-26    programs:

43-27                      (A)  develop programs, policies, and strategies

 44-1    to address juvenile crime and delinquency and related social

 44-2    problems; and

 44-3                      (B)  create partnerships, collaborative efforts,

 44-4    or outreach, public service, or technical assistance programs to

 44-5    assist communities, governmental agencies, or private entities to

 44-6    implement programs, policies, and strategies that address juvenile

 44-7    crime and delinquency and related social problems.

 44-8          (e)  The center may enter into a cooperative agreement or

 44-9    contract with a public or private entity to perform the duties of

44-10    the center.

44-11          (f)  The board of regents may accept gifts and grants from a

44-12    public or private source for the benefit of the center.

44-13          (g)  Establishment of the center is subject to the

44-14    availability of funds for that purpose.

44-15          SECTION 46.  Subtitle C, Title 7, Local Government Code, is

44-16    amended by adding Chapter 244 to read as follows:

44-17      CHAPTER 244.  CORRECTIONAL OR REHABILITATION FACILITY LOCATION

44-18          Sec. 244.001.  DEFINITIONS.  In this chapter:

44-19                (1)  "Correctional or rehabilitation facility" means a

44-20    probation or parole office or a residential facility that:

44-21                      (A)  is operated by an agency of the state, a

44-22    political subdivision of the state, or a private vendor operating

44-23    under a contract with an agency of the state or a political

44-24    subdivision of the state; and

44-25                      (B)  houses persons convicted of misdemeanors or

44-26    felonies or children found to have engaged in delinquent conduct,

44-27    regardless of whether the persons are housed in the residential

 45-1    facility:

 45-2                            (i)  while serving a sentence of

 45-3    confinement following conviction of an offense;

 45-4                            (ii)  as a condition of probation, parole,

 45-5    or mandatory supervision; or

 45-6                            (iii)  under a court order for out-of-home

 45-7    placement under Title 3, Family Code, other than in a foster home

 45-8    operated under a contract with the juvenile board of the county in

 45-9    which the foster home is located or under a contract with the Texas

45-10    Youth Commission.

45-11                (2)  "Residential area" means:

45-12                      (A)  an area designated as a residential zoning

45-13    district by a governing ordinance or code or an area in which the

45-14    principal permitted land use is for private residences;

45-15                      (B)  a subdivision for which a plat is recorded

45-16    in the real property records of the county and that contains or is

45-17    bounded by public streets or parts of public streets that are

45-18    abutted by residential property occupying at least 75 percent of

45-19    the front footage along the block face; or

45-20                      (C)  a subdivision for which a plat is recorded

45-21    in the real property records of the county and a majority of the

45-22    lots of which are subject to deed restrictions limiting the lots to

45-23    residential use.

45-24          Sec. 244.002.  NOTICE OF PROPOSED LOCATION.  (a)  An agency

45-25    of the state, a political subdivision of the state, or a private

45-26    vendor operating under a contract with an agency or political

45-27    subdivision of the state that proposes to construct or operate a

 46-1    correctional or rehabilitation facility within 1,000 feet of a

 46-2    residential area, a primary or secondary school, property

 46-3    designated as a public park or public recreation area by the state

 46-4    or a political subdivision of the state, or a church, synagogue, or

 46-5    other place of worship shall, if a request is made under Section

 46-6    244.005, notify:

 46-7                (1)  the commissioners court of any county with an

 46-8    unincorporated area that includes all or part of the land within

 46-9    1,000 feet of the proposed correctional or rehabilitation facility;

46-10    and

46-11                (2)  the governing body of any municipality that

46-12    includes within its boundaries all or part of the land within 1,000

46-13    feet of the proposed correctional or rehabilitation facility.

46-14          (b)  An entity required to give notice under Subsection (a)

46-15    shall give notice not later than the 60th day before the date the

46-16    entity begins construction or operation of the correctional or

46-17    rehabilitation facility, whichever date is earlier.

46-18          (c)  For purposes of this chapter, distance is measured along

46-19    the shortest straight line between the nearest property line of the

46-20    correctional or rehabilitation facility and the nearest property

46-21    line of the residential area, school, park, recreation area, or

46-22    place of worship, as appropriate.

46-23          Sec. 244.003.  PROXIMITY OF CORRECTIONAL OR REHABILITATION

46-24    FACILITY.  (a)  Unless local consent is denied under Section

46-25    244.004, an agency of the state, a political subdivision of the

46-26    state, or a private vendor operating under a contract with an

46-27    agency or political subdivision of the state may operate a

 47-1    correctional or rehabilitation facility within 1,000 feet of a

 47-2    residential area, a primary or secondary school, property

 47-3    designated as a public park or public recreation area by the state

 47-4    or a political subdivision of the state, or a church, synagogue, or

 47-5    other place of worship.

 47-6          (b)  The governing body of a church, synagogue, or other

 47-7    place of worship may waive the distance requirements of Section

 47-8    244.002 between a correctional or rehabilitation facility and the

 47-9    place of worship by filing an acknowledged written statement of the

47-10    waiver in the deed records of the county in which the facility is

47-11    located.

47-12          Sec. 244.004.  LOCAL CONSENT.  (a)  Local consent to the

47-13    operation of a correctional or rehabilitation facility at a

47-14    location within 1,000 feet of a residential area, a primary or

47-15    secondary school, property designated as a park or public

47-16    recreation area by the state or a political subdivision of the

47-17    state, or a church, synagogue, or other place of worship is granted

47-18    unless, not later than the 60th day after the date on which notice

47-19    is received by a commissioners court or governing body of a

47-20    municipality under Section 244.002(a), the commissioners court or

47-21    governing body, as appropriate, determines by resolution after a

47-22    public hearing that the operation of a correctional or

47-23    rehabilitation facility at the proposed location is not in the best

47-24    interest of the  county or municipality, as appropriate.

47-25          (b)  A commissioners court or governing body of a

47-26    municipality may rescind a resolution adopted under Subsection (a).

47-27          Sec. 244.005.  WRITTEN REQUEST TO RECEIVE NOTICE.  (a)  The

 48-1    commissioners court of a county described under Section

 48-2    244.002(a)(1) and the governing body of a municipality described

 48-3    under Section 244.002(a)(2) are entitled to notice under Section

 48-4    244.002(a) only if the commissioners court or the governing body,

 48-5    as appropriate, submits by resolution to the agency or political

 48-6    subdivision of the state that proposes to construct or operate a

 48-7    correctional or rehabilitation facility, or that contracts for the

 48-8    construction or operation of a correctional or rehabilitation

 48-9    facility, a written request to receive notice.

48-10          (b)  The commissioners court of a county described under

48-11    Section 244.002(a)(1) and the governing body of a municipality

48-12    described under Section 244.002(a)(2) are entitled to receive

48-13    notice under Section 244.002(a) from a private vendor that

48-14    contracts with an agency or political subdivision of the state only

48-15    if the commissioners court or governing body, as appropriate,

48-16    submits by resolution to the contracting agency or political

48-17    subdivision of the state a written request to receive notice.

48-18          Sec. 244.006.  EXEMPTIONS.  This chapter does not apply to

48-19    the operation of a correctional or rehabilitation facility at a

48-20    location subject to this chapter if:

48-21                (1)  on September 1, 1997, the correctional or

48-22    rehabilitation facility was in operation, under construction, under

48-23    contract for operation or construction, or planned for construction

48-24    at the location on land owned or leased by an agency or political

48-25    subdivision of the state and designated for use as a correctional

48-26    or rehabilitation facility;

48-27                (2)  the correctional or rehabilitation facility was in

 49-1    operation or under construction before the establishment of a

 49-2    residential area the location of which makes the facility subject

 49-3    to this chapter;

 49-4                (3)  the correctional or rehabilitation facility is a

 49-5    temporary correctional or rehabilitation facility that will be

 49-6    operated at the location for less than one year;

 49-7                (4)  the correctional or rehabilitation facility is

 49-8    required to obtain a special use permit or a conditional use permit

 49-9    from the municipality in which the facility is located before

49-10    beginning operation;

49-11                (5)  the correctional or rehabilitation facility is an

49-12    expansion of a facility operated by the institutional division of

49-13    the Texas Department of Criminal Justice or by the Texas Youth

49-14    Commission;

49-15                (6)  the correctional or rehabilitation facility is a

49-16    county jail or a pre-adjudication or post-adjudication juvenile

49-17    detention facility operated by a county or county juvenile board;

49-18                (7)  the facility is:

49-19                      (A)  a juvenile probation office located at, and

49-20    operated in conjunction with, a juvenile justice alternative

49-21    education center; and

49-22                      (B)  used exclusively by students attending the

49-23    juvenile justice alternative education center;

49-24                (8)  the facility is a public or private institution of

49-25    higher education or vocational training to which admission is open

49-26    to the general public;

49-27                (9)  the facility is operated primarily as a treatment

 50-1    facility for juveniles under contract with the Texas Department of

 50-2    Mental Health and Mental Retardation or a local  mental health or

 50-3    mental retardation authority;

 50-4                (10)  the facility is operated as a juvenile justice

 50-5    alternative education program;

 50-6                (11)  the facility:

 50-7                      (A)  is not operated primarily as a correctional

 50-8    or rehabilitation  facility; and

 50-9                      (B)  only houses persons or children described by

50-10    Section 244.001(1)(B) for a purpose related to treatment or

50-11    education; or

50-12                (12)  the facility is a probation or parole office

50-13    located in a commercial use area.

50-14          Sec. 244.007.  CONFLICT WITH OTHER LAW.  To the extent of any

50-15    conflict between this chapter and Section 509.010, Government Code,

50-16    this chapter prevails.

50-17          Sec. 244.008.  SUNSET REVIEW.  (a)  The Sunset Advisory

50-18    Commission shall review this chapter, evaluate the operation and

50-19    effectiveness of this chapter, and, not later than January 1, 2003,

50-20    make recommendations to the legislature and the governor regarding:

50-21                (1)  the public necessity for this chapter;

50-22                (2)  changes that would improve the notice  and local

50-23    consent requirements of this chapter; and

50-24                (3)  whether this chapter should be continued,

50-25    modified, or repealed.

50-26          (b)  This chapter expires September 1, 2003.

50-27          SECTION 47.  Section 51.02(15), Family Code, is amended to

 51-1    read as follows:

 51-2                (15)  "Status offender" means a child who is accused,

 51-3    adjudicated, or convicted for conduct that would not, under state

 51-4    law, be a crime if committed by an adult, including:

 51-5                      (A)  truancy under Section 51.03(b)(2);

 51-6                      (B)  running away from home under Section

 51-7    51.03(b)(3);

 51-8                      (C)  a fineable only offense under Section

 51-9    51.03(b)(1) transferred to the juvenile court under Section

51-10    51.08(b), but only if the conduct constituting the offense would

51-11    not have been criminal if engaged in by an adult;

51-12                      (D)  failure to attend school under Section

51-13    4.251, Education Code;

51-14                      (E)  a violation of standards of student conduct

51-15    as described by Section 51.03(b)(5) [51.03(b)(6)];

51-16                      (F)  a violation of a juvenile curfew ordinance

51-17    or order;

51-18                      (G)  a violation of a provision of the Alcoholic

51-19    Beverage Code applicable to minors only; or

51-20                      (H)  a violation of any other fineable only

51-21    offense under Section 8.07(a)(4) or (5), Penal Code, but only if

51-22    the conduct constituting the offense would not have been criminal

51-23    if engaged in by an adult.

51-24          SECTION 48.  Section 52.025(b), Family Code, is amended to

51-25    read as follows:

51-26          (b)  A child may be detained in a juvenile processing office

51-27    only for:

 52-1                (1)  the return of the child to the custody of a person

 52-2    under Section 52.02(a)(1) [of this code];

 52-3                (2)  the completion of essential forms and records

 52-4    required by the juvenile court or this title;

 52-5                (3)  the photographing and fingerprinting of the child

 52-6    if otherwise authorized at the time of temporary detention by this

 52-7    title;

 52-8                (4)  the issuance of warnings to the child as required

 52-9    or permitted by this title; or

52-10                (5)  the receipt of a statement by the child under

52-11    Section 51.095(a)(1), (2), (3), or (5) [Section 51.09(b) of this

52-12    code].

52-13          SECTION 49.  (a)  Section 58.004, Family Code, is repealed.

52-14          (b)  Sections 61.0386, 61.0771, 61.102, and 61.103, Human

52-15    Resources Code, are repealed.

52-16          (c)  Section 105(e), Chapter 262, Acts of the 74th

52-17    Legislature, Regular Session, 1995, is repealed.

52-18          SECTION 50.  The Texas Juvenile Probation Commission shall

52-19    adopt rules relating to the implementation of a progressive

52-20    sanctions program as required by this Act not later than January 1,

52-21    1998.

52-22          SECTION 51.  The change in law made by this Act to Section

52-23    54.08, Family Code, applies only to a hearing under Title 3, Family

52-24    Code, commenced on or after the effective date of this Act.  A

52-25    hearing commenced before the effective date of this Act is governed

52-26    by the law in effect on the date the hearing was commenced, and the

52-27    former law is continued in effect for that purpose.

 53-1          SECTION 52.  The change in law made by this Act to Section

 53-2    58.007(a), Family Code, applies to law enforcement files and

 53-3    records maintained by a municipal or justice court before, on, or

 53-4    after September 1, 1997.

 53-5          SECTION 53.  (a)  The change in law made by this Act applies

 53-6    only to conduct that occurs on or after the effective date of this

 53-7    Act.  Conduct violating a penal law of the state occurs on or after

 53-8    the effective date of this Act if every element of the violation

 53-9    occurs on or after that date.

53-10          (b)  Conduct that occurs before the effective date of this

53-11    Act is covered by the law in effect at the time the conduct

53-12    occurred, and the former law is continued in effect for that

53-13    purpose.

53-14          SECTION 54.  (a)  In addition to the substantive changes in

53-15    law made by this Act, this Act conforms the Transportation Code to

53-16    the changes in law made by Section 9(6), Chapter 34, Acts of the

53-17    74th Legislature, Regular Session, 1995.

53-18          (b)  To the extent of any conflict, this Act prevails over

53-19    another Act of the 75th Legislature, Regular Session, 1997,

53-20    relating to nonsubstantive additions to and corrections in enacted

53-21    codes.

53-22          SECTION 55.  (a)  Except as provided by Subsection (b) of

53-23    this section, this Act takes effect September 1, 1997.

53-24          (b)  The following sections of this Act take effect

53-25    immediately and apply to a person in the custody of the Texas Youth

53-26    Commission or committed to the custody of the Texas Youth

53-27    Commission on or after the effective date of the section:

 54-1                (1)  Section 51.0411, Family Code, as added by this

 54-2    Act;

 54-3                (2)  Sections 574.001 and 593.041, Health and Safety

 54-4    Code, as amended by this Act;          

 54-5                (3)  Sections 61.077 and 61.093, Human Resources Code,

 54-6    as amended by this Act; and

 54-7                (4)  Section 61.0772, Human Resources Code, as added by

 54-8    this Act.

 54-9          SECTION 56.  The importance of this legislation and the

54-10    crowded condition of the calendars in both houses create an

54-11    emergency and an imperative public necessity that the

54-12    constitutional rule requiring bills to be read on three several

54-13    days in each house be suspended, and this rule is hereby suspended,

54-14    and that this Act take effect and be in force according to its

54-15    terms, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1550 was passed by the House on April

         17, 1997, by the following vote:  Yeas 148, Nays 0, 1 present, not

         voting; that the House refused to concur in Senate amendments to

         H.B. No. 1550 on May 16, 1997, and requested the appointment of a

         conference committee to consider the differences between the two

         houses; and that the House adopted the conference committee report

         on H.B. No. 1550 on June 1, 1997, by the following vote:  Yeas 144,

         Nays 0, 1 present, not voting; and that the House adopted H.C.R.

         No. 336 authorizing certain corrections in H.B. No. 1550 on June 1,

         1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1550 was passed by the Senate, with

         amendments, on May 14, 1997, by the following vote:  Yeas 30, Nays

         0; at the request of the House, the Senate appointed a conference

         committee to consider the differences between the two houses; and

         that the Senate adopted the conference committee report on H.B. No.

         1550 on June 1, 1997, by the following vote:  Yeas 31, Nays 0; and

         that the Senate adopted H.C.R. No. 336 authorizing certain

         corrections in H.B. No. 1550 on June 2, 1997, by a viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor