By Goodman                                            H.B. No. 1269
         76R3924 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the mandatory detention of a juvenile for engaging in
 1-3     certain conduct.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 53.02, Family Code, is amended by
 1-6     amending Subsection (b) and adding Subsection (f) to read as
 1-7     follows:
 1-8           (b)  A child taken into custody may be detained prior to
 1-9     hearing on the petition only if:
1-10                 (1)  the child [he] is likely to abscond or be removed
1-11     from the jurisdiction of the court;
1-12                 (2)  suitable supervision, care, or protection for the
1-13     child [him] is not being provided by a parent, guardian, custodian,
1-14     or other person;
1-15                 (3)  the child [he] has no parent, guardian, custodian,
1-16     or other person able to return the child [him] to the court when
1-17     required;
1-18                 (4)  the child [he] may be dangerous to himself or
1-19     herself  or the child [he] may threaten the safety of the public if
1-20     released;  [or]
1-21                 (5)  the child [he] has previously been found to be a
1-22     delinquent child or has previously been convicted of a penal
1-23     offense punishable by a term in jail or prison and is likely to
1-24     commit an offense if released; or
 2-1                 (6)  the child's detention is required under Subsection
 2-2     (f).
 2-3           (f)  A child who is alleged to have  engaged in conduct
 2-4     involving the use, possession, or exhibition  of a firearm, as
 2-5     defined by Section 46.01, Penal Code, shall be detained until a
 2-6     detention hearing is held as required by Section 54.01.
 2-7           SECTION 2.  (a)  The change in law made by this Act applies
 2-8     only to conduct that occurs on or after the effective date of this
 2-9     Act.  Conduct  violating a penal law of the state occurs on or
2-10     after the effective date of this Act if every element of the
2-11     violation occurs on or after that date.
2-12           (b)  Conduct that occurs before the effective date of this
2-13     Act is covered by the law in effect at the time the conduct
2-14     occurred, and the former law is continued in effect for that
2-15     purpose.
2-16           SECTION 3.  This Act takes effect September 1, 1999.
2-17           SECTION 4.  The importance of this legislation and the
2-18     crowded condition of the calendars in both houses create an
2-19     emergency and an imperative public necessity that the
2-20     constitutional rule requiring bills to be read on three several
2-21     days in each house be suspended, and this rule is hereby suspended.
2-22                          COMMITTEE AMENDMENT NO. 1
2-23           Amend HB 1269 as follows:
2-24           Amend Section 1 of the bill by amending Section 53.02(f) of
2-25     the Texas Family Code, on page 2, lines 3-6 of the bill to read as
2-26     follows:
2-27           (f)  If a certified juvenile detention facility or a
 3-1     short-term detention facility that complies with the requirements
 3-2     of Section 51.12(i) is available in the county in which a child is
 3-3     taken into custody and the child is alleged to have engaged in
 3-4     conduct involving the use, possession, or exhibition of a firearm,
 3-5     as defined by Section 46.01, Penal Code, the child shall be
 3-6     detained until a detention hearing is held as required by Section
 3-7     54.01.
 3-8                                                                 Pickett