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 * * * * *