By Lucio S.B. No. 1205
75R3683 DAK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring parental support for a child adjudicated as
1-3 having engaged in delinquent conduct who is placed as a condition
1-4 of probation in a boot camp.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 54, Family Code, is amended by adding
1-7 Section 54.0412 to read as follows:
1-8 Sec. 54.0412. BOOT CAMP FUND. (a) If a disposition hearing
1-9 results in the placement, under Section 54.04(d)(1)(C), of a child
1-10 in an intermediate sanction facility operated under Chapter 61,
1-11 Human Resources Code, the court, after giving the child, parent, or
1-12 other person responsible for the child's support a reasonable
1-13 opportunity to be heard, shall order the child, parent, or other
1-14 person, if financially able to do so, to pay an amount determined
1-15 under Subsection (b) for the cost of the child's placement. The
1-16 court may order that the payments be made in a lump sum or a
1-17 monthly or other periodic payment schedule.
1-18 (b) The Texas Youth Commission by rule shall adopt a
1-19 schedule for determining the average cost for each child for each
1-20 month that the child is placed in an intermediate sanction facility
1-21 operated by the commission under Chapter 61, Human Resources Code.
1-22 In formulating the schedule, the commission may take into account
1-23 factors relating to the age, conduct, and length of placement of
1-24 the child.
2-1 (c) The court may enforce an order for payment under this
2-2 section as provided by Section 54.07.
2-3 (d) A payment under this section must be made to an
2-4 appropriate officer of the county in which the court is located.
2-5 The officer shall keep separate records of the money collected
2-6 under this section and shall deposit the funds in the county
2-7 treasury.
2-8 (e) The custodian of the county treasury may deposit the
2-9 funds collected under this section in interest-bearing accounts.
2-10 The custodian shall keep records of the amount of funds on deposit
2-11 collected under this section and not later than the last day of the
2-12 month following each calendar quarter shall send to the comptroller
2-13 the funds collected under this section during the preceding
2-14 quarter. A county may retain 10 percent of the funds as a service
2-15 fee and may retain the interest accrued on the funds if the
2-16 custodian of a county treasury keeps records of the amount of funds
2-17 on deposit collected under this section and remits the funds to the
2-18 comptroller within the period prescribed under this subsection.
2-19 (f) Funds collected are subject to audit by the comptroller
2-20 and funds expended are subject to audit by the state auditor.
2-21 (g) The comptroller shall deposit the funds to the credit of
2-22 a special boot camp account of the general revenue fund.
2-23 (h) The legislature may appropriate amounts from the boot
2-24 camp account only to the Texas Youth Commission for the support of
2-25 the commission's boot camp program.
2-26 SECTION 2. This Act takes effect September 1, 1997, and
2-27 applies to a child placed, under Section 54.04(d)(1)(C), Family
3-1 Code, in an intermediate sanction facility operated under Chapter
3-2 61, Human Resources Code, on or after that date, without regard to
3-3 whether the adjudicated conduct of the child occurred before, on,
3-4 or after that date.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended.