Amend CSHB 3517 by adding the following appropriately
numbered SECTIONS to the bill and renumbering the remaining
SECTIONS of the bill and the references to those SECTIONS in the
bill accordingly:
      SECTION ____.  Section 54.04, Family Code, is amended by
amending Subsection (l) and adding Subsection (q) to read as
follows:
      (l)  Except as provided by Subsection (q), a <A> court or
jury may place a child on probation under Subsection (d)(1) <of
this section> for any period, except that probation may not
continue on or after the child's 18th birthday.  Except as provided
by Subsection (q), the <The> court may, before the period of
probation ends, extend the probation for any period, except that
the probation may not extend to or after the child's 18th birthday.
      (q)  If a court or jury sentences a child to commitment in
the Texas Youth Commission under Subsection (d)(3) for a term of
not more than 10 years, the court or jury may place the child on
probation under Subsection (d)(1) as an alternative to making the
disposition under Subsection (d)(3).  The court shall prescribe the
period of probation ordered under this subsection for a term of not
more than 10 years.  The court may, before the sentence of
probation expires, extend the probationary period under Section
54.05, except that the sentence of probation and any extension may
not exceed 10 years.  The court may, before the child's 18th
birthday, discharge the child from the sentence of probation.  If a
sentence of probation ordered under this subsection and any
extension of probation ordered under Section 54.05 will continue
after the child's 18th birthday, the court shall discharge the
child from the sentence of probation on the child's 18th birthday
unless the court transfers the child to an appropriate district
court under Section 54.051.
      SECTION ____.  Section 54.05, Family Code, is amended by
amending Subsections (f)-(h) and adding Subsection (j) to read as
follows:
      (f)  Except as provided by Subsection (j), a <A> disposition
based on a finding that the child engaged in delinquent conduct may
be modified so as to commit the child to the Texas Youth Commission
if the court after a hearing to modify disposition finds by a
preponderance of the evidence that the child violated a reasonable
and lawful order of the court.  A disposition based on a finding
that the child engaged in habitual felony conduct as described by
Section 51.031 <of this code> or in delinquent conduct that
included a violation of a penal law listed in Section 53.045(a) <of
this code> may be modified to commit the child to the Texas Youth
Commission with a possible transfer to the institutional division
or the pardons and paroles division of the Texas Department of
Criminal Justice for a definite term prescribed by Section
54.04(d)(3) <of this code> if the original petition was approved by
the grand jury under Section 53.045 <of this code> and if after a
hearing to modify the disposition the court <or jury> finds that
the child violated a reasonable and lawful order of the court.
      (g)  Except as provided by Subsection (j), a <A> disposition
based solely on a finding that the child engaged in conduct
indicating a need for supervision may not be modified to commit the
child to the Texas Youth Commission.  A new finding in compliance
with Section 54.03 <of this code> must be made that the child
engaged in delinquent conduct as defined in Section 51.03(a) <of
this code>.
      (h)  A hearing shall be held prior to commitment to the Texas
Youth Commission as a modified disposition.  In other disposition
modifications, the child and the child's <his> parent, guardian,
guardian ad litem, or attorney may waive hearing in accordance with
Section 51.09 <of this code.  A child in jeopardy of a sentence for
a determinate term is entitled to a jury of 12 persons on the
issues of the violation of the court's orders and the sentence>.
      (j)  If, after conducting a hearing to modify disposition
without a jury, the court finds by a preponderance of the evidence
that a child violated a reasonable and lawful condition of
probation ordered under Section 54.04(q), the court may modify the
disposition to commit the child to the Texas Youth Commission under
Section 54.04(d)(3) for a term that does not exceed the original
sentence assessed by the court or jury.
      SECTION ____.  Chapter 54, Family Code, is amended by adding
Section 54.051 to read as follows:
      Sec. 54.051.  TRANSFER OF DETERMINATE SENTENCE PROBATION TO
APPROPRIATE DISTRICT COURT.  (a)  On motion of the state concerning
a child who is placed on probation under Section 54.04(q) for a
period, including any extension ordered under Section 54.05, that
will continue after the child's 18th birthday, the juvenile court
shall hold a hearing to determine whether to transfer the child to
an appropriate district court or discharge the child from the
sentence of probation.
      (b)  The hearing must be conducted before the child's 18th
birthday and in the same manner as a hearing to modify disposition
under Section 54.05.
      (c)  If, after a hearing, the court determines to discharge
the child, the court shall specify a date on or before the child's
18th birthday to discharge the child from the sentence of
probation.
      (d)  If, after a hearing, the court determines to transfer
the child, the court shall transfer the child to an appropriate
district court on the child's 18th birthday.
      (e)  A district court that exercises jurisdiction over a
child transferred under Subsection (d) shall place the child on
community supervision under Article 42.12, Code of Criminal
Procedure, for the remainder of the child's probationary period and
under conditions consistent with those ordered by the juvenile
court.  If a child who is placed on community supervision under
this subsection violates a condition of that supervision or if the
child violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the child's 18th birthday, the district court shall
dispose of the violation of community supervision or probation, as
appropriate, in the same manner as if the court had originally
exercised jurisdiction over the case.  The time that a child serves
on probation ordered under Section 54.04(q) is the same as time
served on community supervision ordered under this subsection for
purposes of determining the child's eligibility for early discharge
from community supervision under Section 20, Article 42.12, Code of
Criminal Procedure.
      (f)  The juvenile court may transfer a child to an
appropriate district court as provided by this section without a
showing that the child violated a condition of probation ordered
under Section 54.04(q).