By Puente                                             H.B. No. 1403
         76R4665 JMC-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the probation ordered for certain delinquent conduct
 1-3     and the waiver and transfer of jurisdiction by a juvenile court.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 54.04, Family Code, is amended by
 1-6     amending Subsection (l) and adding Subsection (q) to read as
 1-7     follows:
 1-8           (l)  Except as provided by Subsection (q), a [A] court or
 1-9     jury may place a child on probation under Subsection (d)(1) [of
1-10     this section] for any period, except that probation may not
1-11     continue on or after the child's 18th birthday.  Except as provided
1-12     by Subsection (q), the [The] court may, before the period of
1-13     probation ends, extend the  probation for any period, except that
1-14     the probation may not extend to or after the child's 18th birthday.
1-15           (q)  A court or jury may place a child on probation under
1-16     Subsection (d)(1) as an alternative to making a disposition under
1-17     Subsection (d)(3) for a period that may continue on or after the
1-18     child's 18th birthday.  The court may, before the sentence of
1-19     probation ends, extend the probationary period  to continue on or
1-20     after the child's 18th birthday.  A sentence of probation ordered
1-21     under this subsection and any extension of probation ordered under
1-22     Section 54.05(a) may not exceed 10 years.
1-23           SECTION 2.  Subchapter E, Chapter 61, Human Resources Code,
1-24     is amended by adding Section 61.0795 to read as follows:
 2-1           Sec. 61.0795.  TRANSFER OF VIOLENT AND HABITUAL OFFENDERS
 2-2     PLACED ON PROBATION.  (a)  A juvenile court that places a child on
 2-3     probation under Section 54.04(d)(1), Family Code, as an alternative
 2-4     to making a disposition under Section 54.04(d)(3), Family Code,
 2-5     shall waive its exclusive jurisdiction and transfer the child to an
 2-6     appropriate district court after the child becomes 17 years of age
 2-7     but before the child becomes 18 years of age if the probation will
 2-8     continue on or after the child's 18th birthday.
 2-9           (b)  A district court that exercises jurisdiction over a
2-10     child transferred under Subsection (a) shall place the child on
2-11     community supervision under Article 42.12, Code of Criminal
2-12     Procedure, for the remainder of the child's probationary period and
2-13     under conditions consistent with those ordered by the juvenile
2-14     court.
2-15           SECTION 3.  (a)  The change in law made by this Act applies
2-16     only to conduct that occurs on or after the effective date of this
2-17     Act.  Conduct violating a penal law of the state occurs on or after
2-18     the effective date of this Act if each element of the violation
2-19     occurs on or after that date.
2-20           (b)  Conduct that occurs before the effective date of this
2-21     Act is covered by the law in effect at the time the conduct
2-22     occurred, and the former law is continued in effect for that
2-23     purpose.
2-24           SECTION 4.  This Act takes effect September 1, 1999.
2-25           SECTION 5.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
 3-1     constitutional rule requiring bills to be read on three several
 3-2     days in each house be suspended, and this rule is hereby suspended.