1-1     By:  Gallego (Senate Sponsor - Ellis)                  H.B. No. 688
 1-2           (In the Senate - Received from the House March 25, 1999;
 1-3     March 29, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; April 20, 1999, reported favorably by the following
 1-5     vote:  Yeas 4, Nays 0; April 20, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the jurisdiction and authority of a justice or
 1-9     municipal court concerning a child and the parent, managing
1-10     conservator, or guardian of the child.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 52.027, Family Code, is amended by
1-13     amending Subsections (a), (f), (h), and (i) and adding Subsection
1-14     (j) to read as follows:
1-15           (a)  A child may be released to the child's parent, guardian,
1-16     custodian, or other responsible adult as provided in Section
1-17     52.02(a)(1) if the child is taken into custody:
1-18                 (1)  [for a traffic offense;]
1-19                 [(2)]  for an offense that a justice or municipal court
1-20     has jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-21     Procedure, other than public intoxication [punishable by fine
1-22     only]; or
1-23                 (2) [(3)]  as a status offender or nonoffender.
1-24           (f)  A child taken into custody for an offense that a justice
1-25     or municipal court has jurisdiction of under Article 4.11 or 4.14,
1-26     Code of Criminal Procedure, [a traffic offense or an offense,]
1-27     other than public intoxication, [punishable by fine only] may be
1-28     presented or detained in a detention facility designated by the
1-29     juvenile court under Section 52.02(a)(3) only if:
1-30                 (1)  the child's non-traffic case is transferred to the
1-31     juvenile court by a municipal court or justice court under Section
1-32     51.08(b); or
1-33                 (2)  the child is referred to the juvenile court by a
1-34     municipal court or justice court for contempt of court under
1-35     Subsection (h).
1-36           (h)  If a child [A municipal court or justice court may not
1-37     hold a child in contempt for] intentionally or knowingly fails
1-38     [refusing] to obey a lawful order of disposition after an
1-39     adjudication of guilt of an offense that a justice or municipal
1-40     court has jurisdiction of under Article 4.11 or 4.14, Code of
1-41     Criminal Procedure, the [a traffic offense or other offense
1-42     punishable by fine only.  The] municipal court or justice court
1-43     may:
1-44                 (1)  except as provided by Subsection (j), hold the
1-45     child in contempt of the municipal court or justice court order and
1-46     order the child to pay a fine not to exceed $500; or
1-47                 (2)  [shall instead] refer the child to the appropriate
1-48     juvenile court for delinquent conduct for contempt of the municipal
1-49     court or justice court order.
1-50           (i)  In this section, "child" means a person who:
1-51                 (1)  is at least 10 years of age and younger than 17
1-52     years of age and who is charged with or convicted of an offense
1-53     that a justice or municipal court has jurisdiction of under Article
1-54     4.11 or 4.14, Code of Criminal Procedure, other than public
1-55     intoxication [a traffic offense]; or
1-56                 (2)  is at least 10 years of age and younger than 18
1-57     years of age and who:
1-58                       (A)  [is charged with or convicted of an offense,
1-59     other than public intoxication, punishable by fine only as a result
1-60     of an act committed before becoming 17 years of age;]
1-61                       [(B)]  is a status offender and was taken into
1-62     custody as a status offender for conduct engaged in before becoming
1-63     17 years of age; or
1-64                       (B) [(C)]  is a nonoffender and became a
 2-1     nonoffender before becoming 17 years of age.
 2-2           (j)  A municipal or justice court may not order a child to a
 2-3     term of confinement or imprisonment for contempt of a municipal or
 2-4     justice court order under Subsection (h).
 2-5           SECTION 2.  Section 54.021(d), Family Code, is amended to
 2-6     read as follows:
 2-7           (d)  On a finding by the justice or municipal court that the
 2-8     person has engaged in truant conduct described in Section
 2-9     51.03(b)(2) or conduct that violates Section 25.094, Education
2-10     Code, the court has jurisdiction to enter an order that includes
2-11     one or more of the following provisions requiring that:
2-12                 (1)  the person do either or both of the following:
2-13                       (A)  attend a preparatory class for the high
2-14     school equivalency examination provided under Section 7.111,
2-15     Education Code, if the court determines that the person is too old
2-16     to do well in a formal classroom environment; or
2-17                       (B)  if the person is at least 16 years of age,
2-18     take the high school equivalency examination provided under Section
2-19     7.111, Education Code;
2-20                 (2)  the person attend a special program that the court
2-21     determines to be in the best interests of the person, including:
2-22                       (A)  an alcohol and drug abuse program;
2-23                       (B)  rehabilitation;
2-24                       (C)  counseling, including self-improvement
2-25     counseling;
2-26                       (D)  training in self-esteem and leadership;
2-27                       (E)  work and job skills training;
2-28                       (F)  training in parenting, including parental
2-29     responsibility;
2-30                       (G)  training in manners;
2-31                       (H)  training in violence avoidance;
2-32                       (I)  sensitivity training; and
2-33                       (J)  training in advocacy and mentoring;
2-34                 (3)  the person and the person's parents, managing
2-35     conservator, or guardian attend a class for students at risk of
2-36     dropping out of school designed for both the person and the
2-37     person's parents, managing conservator, or guardian;
2-38                 (4)  the person complete reasonable community service
2-39     requirements;
2-40                 (5)  the person's driver's license be suspended in the
2-41     manner provided by Section 54.042 [of this code];
2-42                 (6)  the person attend school without unexcused
2-43     absences; or
2-44                 (7)  the person participate in a tutorial program
2-45     provided by the school attended by the person in the academic
2-46     subjects in which the person is enrolled for a total number of
2-47     hours ordered by the court.
2-48           SECTION 3.  Section 54.022, Family Code, is amended to read
2-49     as follows:
2-50           Sec. 54.022.  JUSTICE OR MUNICIPAL COURT:  CERTAIN
2-51     MISDEMEANORS.  (a)  On a finding by a justice or municipal court
2-52     that a child committed an [a misdemeanor] offense that the court
2-53     has jurisdiction of under Article 4.11 or 4.14, Code of Criminal
2-54     Procedure, [punishable by fine only] other than a traffic offense
2-55     or public intoxication [or committed a violation of a penal
2-56     ordinance of a political subdivision other than a traffic offense],
2-57     the court has jurisdiction to enter an order:
2-58                 (1)  referring the child or the child's parents,
2-59     managing conservators, or guardians for services under Section
2-60     264.302; [or]
2-61                 (2)  requiring that the child attend a special program
2-62     that the court determines to be in the best interest of the child
2-63     and, if the program involves the expenditure of county funds, that
2-64     is approved by the county commissioners court, including a
2-65     rehabilitation, counseling, self-esteem and leadership, work and
2-66     job skills training, job interviewing and work preparation,
2-67     self-improvement, parenting, manners, violence avoidance, tutoring,
2-68     sensitivity training, parental responsibility, community service,
2-69     restitution, advocacy, or mentoring program[.]
 3-1           [(b)  On a finding by a justice or municipal court that a
 3-2     child committed an offense described by Subsection (a) and that the
 3-3     child has previously been convicted of an offense described by
 3-4     Subsection (a), the court has the jurisdiction to enter an order
 3-5     that includes one or more of the following provisions, in addition
 3-6     to the provisions under Subsection (a), requiring that:]
 3-7                 [(1)  the child attend a special program that the court
 3-8     determines to be in the best interest of the child and that is
 3-9     approved by the county commissioners court]; or
3-10                 (3) [(2)  the child's parents, managing conservator, or
3-11     guardian attend a parenting class or parental responsibility
3-12     program] if the court finds the parent, managing conservator, or
3-13     guardian, by [wilful] act or omission, contributed to, caused, or
3-14     encouraged the child's conduct, requiring that the child's parent,
3-15     managing conservator, or guardian do any act or refrain from doing
3-16     any act that the court determines will increase the likelihood that
3-17     the child will comply with the orders of the court and that is
3-18     reasonable and necessary for the welfare of the child, including:
3-19                       (A)  attend a parenting class or parental
3-20     responsibility program; and
3-21                       (B)  [; or]
3-22                 [(3)  the child and the child's parents, managing
3-23     conservator, or guardian] attend the child's school classes or
3-24     functions [if the court finds the parent, managing conservator, or
3-25     guardian, by wilful act or omission, contributed to, caused, or
3-26     encouraged the child's conduct].
3-27           (b) [(c)]  The justice or municipal court may order the
3-28     parents, managing conservator, or guardian of a child required to
3-29     attend a program under Subsection (a) [or (b)] to pay an amount not
3-30     greater than $100 to pay for the costs of the program.
3-31           (c) [(d)]  A justice or municipal court may require a child,
3-32     parent, managing conservator, or guardian required to attend a
3-33     program, class, or function under this section to submit proof of
3-34     attendance to the court.
3-35           (d) [(e)]  A justice or municipal court shall endorse on the
3-36     summons issued to a parent, managing conservator, or a guardian an
3-37     order to appear personally at the hearing with the child.  The
3-38     summons must include a warning that the failure of the parent,
3-39     managing conservator, or guardian to appear may be punishable as a
3-40     Class C misdemeanor.
3-41           (e) [(f)]  An order under this section involving a child is
3-42     enforceable under Section 51.03(a)(3) by referral to the juvenile
3-43     court.
3-44           (f) [(g)]  A person commits an offense if the person is a
3-45     parent, managing conservator, or guardian who fails to attend a
3-46     hearing under this section after receiving an order under
3-47     Subsection (d) [(e)].  An offense under this subsection is a Class
3-48     C misdemeanor.
3-49           (g) [(h)]  Any other order under this section is enforceable
3-50     by the justice or municipal court by contempt.
3-51           SECTION 4.  Section 106.071(e), Alcoholic Beverage Code, is
3-52     amended to read as follows:
3-53           (e)  Community service ordered under this section must be
3-54     related to education about or prevention of misuse of alcohol if
3-55     programs or services providing that education are available in the
3-56     community in which the court is located.  If programs or services
3-57     providing that education are not available, the court may order
3-58     community service that it considers appropriate for rehabilitative
3-59     purposes.
3-60           SECTION 5.  Section 106.115(d), Alcoholic Beverage Code, is
3-61     amended to read as follows:
3-62           (d)  If the defendant does not present the required evidence
3-63     within the prescribed period, the court:
3-64                 (1)  shall order the Department of Public Safety to
3-65     suspend the defendant's driver's license or permit for a period not
3-66     to exceed six months or, if the defendant does not have a license
3-67     or permit, to deny the issuance of a license or permit to the
3-68     defendant for that period; and
3-69                 (2)  may order the defendant or the parent, managing
 4-1     conservator, or guardian of the defendant to do any act or refrain
 4-2     from doing any act if the court determines that doing the act or
 4-3     refraining from doing the act will increase the likelihood that the
 4-4     defendant will present evidence to the court that the defendant has
 4-5     satisfactorily completed an alcohol awareness program or performed
 4-6     the required hours of community service.
 4-7           SECTION 6.  Articles 45.55(a) and (f), Code of Criminal
 4-8     Procedure, are amended to read as follows:
 4-9           (a)  A justice or municipal court may defer proceedings
4-10     against a defendant who is under the age of 18 or enrolled full
4-11     time in an accredited secondary school in a program leading toward
4-12     a high school diploma for 90 days if the defendant:
4-13                 (1)  is charged with an offense that the court has
4-14     jurisdiction of under Article 4.11 or 4.14, Code of Criminal
4-15     Procedure [a misdemeanor punishable by fine only or a violation of
4-16     a penal ordinance of a political subdivision, including a traffic
4-17     offense punishable by fine only];
4-18                 (2)  pleads nolo contendere or guilty to the offense in
4-19     open court with the defendant's parent, guardian, or managing
4-20     conservator present;
4-21                 (3)  presents to the court an oral or written request
4-22     to attend a teen court program; and
4-23                 (4)  has not successfully completed a teen court
4-24     program in the two years preceding the date that the alleged
4-25     offense occurred.
4-26           (f)  A court may transfer a case in which proceedings have
4-27     been deferred under this section to a court in another [a
4-28     contiguous] county if the court to which the case is transferred
4-29     consents.  A case may not be transferred unless it is within the
4-30     jurisdiction of the court to which it is transferred.
4-31           SECTION 7.  Article 45.522(b), Code of Criminal Procedure, is
4-32     amended to read as follows:
4-33           (b)  If a person who is a child under Section 51.02, Family
4-34     Code, [Section 51.03(a)(3), Family Code, and the procedures for the
4-35     adjudication of a child for delinquent conduct apply to a child
4-36     who] fails to obey an order of a justice or municipal court under
4-37     circumstances that would constitute contempt of court, the justice
4-38     or municipal court has jurisdiction to:
4-39                 (1)  hold the child in contempt of the justice or
4-40     municipal court order as provided by Section 52.027(h), Family
4-41     Code; or
4-42                 (2)  refer the child to the appropriate juvenile court
4-43     for delinquent conduct for contempt of the justice or municipal
4-44     court order.
4-45           SECTION 8.  Section 7.111(a), Education Code, is amended to
4-46     read as follows:
4-47           (a)  The board shall provide for the administration of high
4-48     school equivalency examinations.  A person who does not have a high
4-49     school diploma may take the examination in accordance with rules
4-50     adopted by the board if the person is:
4-51                 (1)  over 17 years of age;
4-52                 (2)  [or: (1) is] 16 years of age or older[;]  and
4-53     [(2)] a public agency providing supervision of the person or having
4-54     custody of the person under a court order recommends that the
4-55     person take the examination; or
4-56                 (3)  required to take the examination under a justice
4-57     or municipal court order issued under Section 54.021(d)(1)(B),
4-58     Family Code.
4-59           SECTION 9.  (a)  The change in law made by this Act applies
4-60     only to conduct that occurs on or after the effective date of this
4-61     Act.  Conduct violating a penal law of the state occurs on or after
4-62     the effective date of this Act if every element of the violation
4-63     occurs on or after that date.
4-64           (b)  Conduct that occurs before the effective date of this
4-65     Act is covered by the law in effect at the time the conduct
4-66     occurred, and the former law is continued in effect for that
4-67     purpose.
4-68           SECTION 10.  This Act takes effect September 1, 1999.
4-69           SECTION 11.  The importance of this legislation and the
 5-1     crowded condition of the calendars in both houses create an
 5-2     emergency and an imperative public necessity that the
 5-3     constitutional rule requiring bills to be read on three several
 5-4     days in each house be suspended, and this rule is hereby suspended.
 5-5                                  * * * * *