1-1                                   AN ACT
 1-2     relating to a limitation on a juvenile's right to appeal after a
 1-3     plea or stipulation of evidence in juvenile court.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 54, Family Code, is amended by adding
 1-6     Section 54.034 to read as follows:
 1-7           Sec. 54.034.  LIMITED RIGHT TO APPEAL:  WARNING.  Before the
 1-8     court may accept a child's plea or stipulation of evidence in a
 1-9     proceeding held under this title, the court shall inform the child
1-10     that if the court accepts the plea or stipulation and the court
1-11     makes a disposition in accordance with the agreement between the
1-12     state and the child regarding the disposition of the case, the
1-13     child may not appeal an order of the court entered under Section
1-14     54.03, 54.04, or 54.05, unless:
1-15                 (1)  the court gives the child permission to appeal; or
1-16                 (2)  the appeal is based on a matter raised by written
1-17     motion filed before the proceeding in which the child entered the
1-18     plea or agreed to the stipulation of evidence.
1-19           SECTION 2.  Section 56.01, Family Code, is amended by
1-20     amending Subsections (c) and (d) and adding Subsection (n) to read
1-21     as follows:
1-22           (c)  An appeal may be taken:
1-23                 (1)  except as provided by Subsection (n), by or on
1-24     behalf of a child from an order entered under:
 2-1                       (A)  Section 54.03 [of this code] with regard to
 2-2     delinquent conduct or conduct indicating a need for supervision;
 2-3                       (B)  Section 54.04 [of this code] disposing of
 2-4     the case;
 2-5                       (C)  Section 54.05 [of this code] respecting
 2-6     modification of a previous juvenile court disposition; or
 2-7                       (D)  Chapter 55 [of this code] committing a child
 2-8     to a facility for the mentally ill or mentally retarded; or
 2-9                 (2)  by a person from an order entered under Section
2-10     54.11(i)(2) [of this code] transferring the person to the custody
2-11     of the institutional division of the Texas Department of Criminal
2-12     Justice.
2-13           (d)  A child has the right to:
2-14                 (1)  appeal, as provided by this subchapter;
2-15                 (2)  representation by counsel on appeal; and
2-16                 (3)  appointment of an attorney for the appeal if an
2-17     attorney cannot be obtained because of indigency.
2-18           (n)  A child who enters a plea or agrees to a stipulation of
2-19     evidence in a proceeding held under this title may not appeal an
2-20     order of the juvenile court entered under Section 54.03, 54.04, or
2-21     54.05 if the court makes a disposition in accordance with the
2-22     agreement between the state and the child regarding the disposition
2-23     of the case, unless:
2-24                 (1)  the court gives the child permission to appeal; or
2-25                 (2)  the appeal is based on a matter raised by written
2-26     motion filed before the proceeding in which the child entered the
2-27     plea or agreed to the stipulation of evidence.
 3-1           SECTION 3.  (a)  The change in law made by this Act applies
 3-2     only to an appeal from a proceeding relating to conduct that occurs
 3-3     on or after the effective date of this Act.  Conduct violating a
 3-4     penal law of the state occurs on or after the effective date of
 3-5     this Act if every element of the violation occurs on or after that
 3-6     date.
 3-7           (b)  Conduct that occurs before the effective date of this
 3-8     Act is covered by the law in effect at the time the conduct
 3-9     occurred, and the former law is continued in effect for that
3-10     purpose.
3-11           SECTION 4.  This Act takes effect September 1, 1999.
3-12           SECTION 5.  The importance of this legislation and the
3-13     crowded condition of the calendars in both houses create an
3-14     emergency and an imperative public necessity that the
3-15     constitutional rule requiring bills to be read on three several
3-16     days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 251 was passed by the House on March
         16, 1999, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 251 was passed by the Senate on April
         29, 1999, by the following vote:  Yeas 30, Nays 0.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor