HBA-JRA H.B. 2947 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2947
By: Goodman
Juvenile Justice and Family Issues
3/19/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a child can be committed to the Texas Youth Commission if the
child is adjudicated to have engaged in delinquent conduct.  Delinquent
conduct is defined in Section 51.03, Family Code, as violation of a penal
law of this state or of the United States that is punishable by
imprisonment or confinement in jail, violation of certain orders of a
juvenile court, contempt of a municipal or justice court, or driving under
the influence of alcohol.  H.B. 2947 limits the offenses that make a child
eligible for commitment to the Texas Youth Commission.  Specifically, it
requires that a child must violate a penal law of this state or the United
States of the grade of felony or violate a penal law of this state or the
United States of the grade of misdemeanor on three separate occasions for
the child to be committed to the Texas Youth Commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 54.04, Family Code, by amending Subsection (d)
and adding Subsection (q), as follows: 

(d)  Specifies that a child's delinquent conduct must violate a penal law
of this state or the United States of the grade of felony or, if the
requirements of Subsection (g) are met, the grade of misdemeanor, in
addition to the petition not being approved by the grand jury under Section
53.045 (Violent or Habitual Offenders) in order for a court to be
authorized to commit a child to the Texas Youth Commission without a
determinate sentence. 

(g)  Authorizes the court to make the above disposition for delinquent
conduct that violates a penal law of the grade of misdemeanor if the child
has been adjudicated as having engaged in delinquent conduct violating a
penal law of the grade of felony or misdemeanor on at least two previous
occasions, at least one delinquent behavior resulting in adjudication
occurred after the date of the previous adjudication, and the current
delinquent behavior occurred after the date of at least two previous
adjudications. 

SECTION 2.  Amends Section 54.05, Family Code, by amending Subsections (f)
and (g) and adding Subsection (j), as follows: 

(f)  Makes a conforming change.

(g)  Provides that a new finding in compliance with Section 54.03
(Adjudication Hearing) of this code must be made that the child engaged in
delinquent conduct that meets the requirements for commitment under Section
54.04, rather than as defined in Section 51.03(a) of this code. 

(j)  Authorizes the court to modify a disposition under Subsection (f) that
is based on a finding that the child engaged in delinquent conduct that
violates a penal law of the grade of misdemeanor if the child has been
adjudicated as having engaged in delinquent conduct  violating a penal law
of the grade of felony or misdemeanor on at least three previous occasions,
and the current delinquent behavior occurred for one adjudication, after
the date of two other previous adjudications, and for another adjudication,
after the date of one other previous adjudication. 

SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.