By Puente                                             H.B. No. 1153
         76R2515 JMC-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the placement of a child in a county detention facility
 1-3     as a condition of probation.
 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 54.0406 to read as follows:
 1-7           Sec. 54.0406.  CHILD PLACED IN COUNTY DETENTION FACILITY AS
 1-8     CONDITION OF PROBATION.  (a)  If a court or jury makes a
 1-9     disposition under Section 54.04(d)(1) in which a child is placed on
1-10     probation, the court may, as a condition of the probation, place
1-11     the child for not more than 30 days in a certified juvenile
1-12     detention facility operated by or under contract with the county in
1-13     which the disposition is made.  The court may place the child in a
1-14     detention facility at the time the court makes the disposition
1-15     placing the child on probation or at any time during the period of
1-16     probation in an order to modify the disposition under Section
1-17     54.05.
1-18           (b)  A court may place a child in a certified juvenile
1-19     detention facility as provided by Subsection (a) more than once
1-20     during the same period of probation, except that the total amount
1-21     of time that the child is placed in a detention facility may not
1-22     exceed 30 days.
1-23           SECTION 2.  (a)  The change in law made by this Act applies
1-24     only to a child placed on probation for conduct that occurs on or
 2-1     after the effective date of this Act.  Conduct violating a penal
 2-2     law of the state occurs on or after the effective date of this Act
 2-3     if every element of the violation occurs on or after that date.
 2-4           (b)  A child placed on probation for conduct that occurs
 2-5     before the effective date of this Act is covered by the law in
 2-6     effect at the time the conduct occurred, and the former law is
 2-7     continued in effect for that purpose.
 2-8           SECTION 3.  This Act takes effect September 1, 1999.
 2-9           SECTION 4.  The importance of this legislation and the
2-10     crowded condition of the calendars in both houses create an
2-11     emergency and an imperative public necessity that the
2-12     constitutional rule requiring bills to be read on three several
2-13     days in each house be suspended, and this rule is hereby suspended.
2-14                          COMMITTEE AMENDMENT NO. 1
2-15           Amend SECTION 1 of the bill by adding the phrase "or
2-16     correctional" on page 1 line 12 after the word "detention" and
2-17     before the word "facility".
2-18           Amend SECTION 1 of the bill by adding the phrase "or
2-19     correctional" on page 1 line 19 after the word "detention" and
2-20     before the word "facility".
2-21                                                                 Goodman