1-1 AN ACT
1-2 relating to the grounds for an appeal or a postconviction writ of
1-3 habeas corpus brought by a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 59.014, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 59.014. APPEAL. A child may not bring an appeal or a
1-8 postconviction writ of habeas corpus based on:
1-9 (1) the [The] failure or inability of any person to
1-10 provide a service listed under Sections 59.004-59.010;
1-11 (2) [or] the failure of a court or of any person to
1-12 make a sanction level assignment as provided in Section 59.002 or
1-13 59.003;
1-14 (3) a deviation from the sanction level assignment
1-15 guidelines provided by this chapter; or
1-16 (4) the failure of a juvenile court or probation
1-17 department to report a deviation from the guidelines as required by
1-18 Section 59.003(e) [may not be used by a child as a ground for
1-19 appeal or for a postconviction writ of habeas corpus].
1-20 SECTION 2. (a) The change in law made by this Act applies
1-21 only to an appeal or a writ of habeas corpus relating to conduct
1-22 that occurs on or after the effective date of this Act. Conduct
1-23 violating a penal law of the state occurs on or after the effective
1-24 date of this Act if every element of the violation occurs on or
2-1 after that date.
2-2 (b) An appeal or a writ of habeas corpus relating to conduct
2-3 that occurs before the effective date of this Act is covered by the
2-4 law in effect at the time the conduct occurred, and the former law
2-5 is continued in effect for that purpose.
2-6 SECTION 3. This Act takes effect September 1, 1999.
2-7 SECTION 4. The importance of this legislation and the
2-8 crowded condition of the calendars in both houses create an
2-9 emergency and an imperative public necessity that the
2-10 constitutional rule requiring bills to be read on three several
2-11 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2870 was passed by the House on May
11, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2870 was passed by the Senate on May
26, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor