By Capelo                                             H.B. No. 2870
         76R8897 JMC-F                           
                                A BILL TO BE ENTITLED
 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.