1-1 By: Puente (Senate Sponsor - Wentworth) H.B. No. 1153 1-2 (In the Senate - Received from the House May 10, 1999; 1-3 May 10, 1999, read first time and referred to Committee on Criminal 1-4 Justice; May 14, 1999, reported favorably by the following vote: 1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the placement of a child in a county detention facility 1-9 as a condition of probation. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 54, Family Code, is amended by adding 1-12 Section 54.0406 to read as follows: 1-13 Sec. 54.0406. CHILD PLACED IN COUNTY DETENTION FACILITY AS 1-14 CONDITION OF PROBATION. (a) If a court or jury makes a 1-15 disposition under Section 54.04(d)(1) in which a child is placed on 1-16 probation, the court may, as a condition of the probation, place 1-17 the child for not more than 30 days in a certified juvenile 1-18 detention facility operated by or under contract with the county in 1-19 which the disposition is made. The court may place the child in a 1-20 detention facility at the time the court makes the disposition 1-21 placing the child on probation or at any time during the period of 1-22 probation in an order to modify the disposition under Section 1-23 54.05. 1-24 (b) A court may place a child in a certified juvenile 1-25 detention facility as provided by Subsection (a) more than once 1-26 during the same period of probation, except that the total amount 1-27 of time that the child is placed in a detention facility may not 1-28 exceed 30 days. 1-29 SECTION 2. (a) The change in law made by this Act applies 1-30 only to a child placed on probation for conduct that occurs on or 1-31 after the effective date of this Act. Conduct violating a penal 1-32 law of the state occurs on or after the effective date of this Act 1-33 if every element of the violation occurs on or after that date. 1-34 (b) A child placed on probation for conduct that occurs 1-35 before the effective date of this Act is covered by the law in 1-36 effect at the time the conduct occurred, and the former law is 1-37 continued in effect for that purpose. 1-38 SECTION 3. This Act takes effect September 1, 1999. 1-39 SECTION 4. The importance of this legislation and the 1-40 crowded condition of the calendars in both houses create an 1-41 emergency and an imperative public necessity that the 1-42 constitutional rule requiring bills to be read on three several 1-43 days in each house be suspended, and this rule is hereby suspended. 1-44 * * * * *