SRC-JBJ H.B. 688 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 688
76R3722 JMC-DBy: Gallego (Ellis)
Jurisprudence
4/15/1999
Engrossed


DIGEST 

The Texas Judicial Council's Committee on Juvenile Justice Reform/Impact on
Court reviewed the juvenile justice system for improvements on juvenile
justice in the state.  Among the duties of the courts, the Council proposed
clarifying the jurisdiction of the justice and municipal courts, allowing a
justice or municipal court to find a juvenile in contempt of court, and
authorizing a justice or municipal court to order a child to take the GED
exam.  The Council also recommended broadening the scope of orders a court
may give a parent of a juvenile defendant and allow a court the flexibility
in ordering rehabilitative community service for an alcohol-related offense
if the county does not offer programs involving alcohol awareness.  H.B.
688 would amend the jurisdiction and authority of a justice or municipal
court concerning a child and the parent, managing conservator, or guardian
of the child. 

PURPOSE

As proposed, H.B. 688 amends the jurisdiction and authority of a justice or
municipal court concerning a child and the parent, managing conservator, or
guardian of the child. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.027, Family Code, by amending Subsections
(a), (f), (h), and (i) and adding Subsection (j), to authorize a child
taken into custody for an offense in which a justice or municipal court has
jurisdiction under Article 4.11 or 4.14, Code of Criminal Procedure, other
than a public intoxication case, to be released to the child's parent,
guardian, custodian, or other responsible adult upon that person's promise
to bring the child before the juvenile court at the request of the court.
Authorizes a municipal or justice court to hold a child in contempt of a
court order and to impose a fine of up to$500 if the child intentionally or
knowingly fails to obey a lawful order of disposition after an adjudication
of guilt of an offense under the municipal or justice court's jurisdiction,
except as provided by Subsection (j).  Redefines "child."  Prohibits a
municipal or justice court from ordering a child to a term of confinement
or imprisonment for contempt of a municipal or justice court order under
Subsection (h).  Deletes text authorizing the release of a child for a
traffic offense or for an offense punishable by fine only.  Makes
conforming changes. 

SECTION 2.  Amends Section 54.021(d), Family Code, to authorize a justice
or a municipal court the option to enter an order requiring a person who
has engaged in certain truant conduct or violations to take the high school
equivalence examination under Section 7.111, Education Code, if the person
is at least 16 years of age.  Makes conforming and nonsubstantive changes. 

SECTION 3.  Amends Section 54.022, Family Code, to authorize a justice or
municipal court to enter an order that requires a child's keeper to attend
a special program or require the child to attend a special program, if the
program involves the expenditure of county funds, that is approved by the
county commissioners court, upon a finding that the child committed certain
offenses under Article 4.11 or 4.14, Code of Criminal Procedure, rather
than committed a misdemeanor offense punishable by fine only or committed a
violation of a penal ordinance of a political subdivision other than a
traffic offense. Deletes a jurisdiction for a court to enter certain order
if a child committed certain offenses.  Makes conforming changes. 


 SECTION 4.  Amends Section 106.071(e), Alcoholic Beverage Code, to require
a community service order to be related to an education program if such
service and programs are available in the community.  Authorizes a court to
order the service that it considers appropriate for rehabilitation
purposes, if programs or services providing the education are not
available. 

SECTION 5.  Amends Section 106.115(d), Alcoholic Beverage Code, to
authorize a court to order a defendant who is a minor or the parent,
managing conservator, or guardian to refrain from an act or do an act if
the court determines that doing the act or refraining from the act will
increase the likelihood that the defendant will present evidence to the
court that the defendant has satisfactorily completed an alcohol awareness
program or performed the prescribed community service with a certain
period. Makes conforming changes. 

SECTION 6.  Amends Articles 45.55(a) and (f), Code of Criminal Procedure,
to authorize a court to defer proceedings for certain defendants if the
defendant is charged with an offense under which the court has certain
jurisdictions, rather than offenses regarding misdemeanors and other
violations. Authorizes a court to transfer certain cases to another county,
rather than a contiguous county. 

SECTION 7. Amends Article 45.522(b), Code of Criminal Procedure, to provide
that a justice or municipal court has jurisdiction regarding a child under
Section 51.02, Family Code, to hold a child in contempt or to refer the
child to a juvenile court for certain delinquent conduct. 

SECTION 8.  Amends Section 7.111(a), Education Code, to authorize a person
who does not have a high school diploma to take a high school equivalency
examination in accordance with the rules of the State Board of Education if
the person is required to take the examination under a justice or municipal
court order issued under Section 54.021(d)(1)(B), Family Code.  Makes
conforming changes. 

SECTION 9.Makes application of this Act prospective.

SECTION 10.  Effective date: September 1, 1999.

SECTION 11.  Emergency clause.