By Goodman, Keel, et al.                              H.B. No. 3517
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the detention, adjudication, and disposition of certain
 1-3     persons within the juvenile justice system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 51.095, Family Code, is amended by adding
 1-6     Subsection (d) to read as follows:
 1-7           (d)  A juvenile law referee or master may perform the duties
 1-8     imposed on a magistrate under this section without the approval of
 1-9     the juvenile court if the juvenile board of the county in which the
1-10     statement of the child is made has authorized a referee or master
1-11     to perform the duties of a magistrate under this section.
1-12           SECTION 2.  Section 51.12(h), Family Code, is amended to read
1-13     as follows:
1-14           (h)  This section does not apply to a person:
1-15                 (1)  after transfer to criminal court for prosecution
1-16     under Section 54.02; or
1-17                 (2)  who is at least 17 [18] years of age and who has
1-18     been taken into custody after having:
1-19                       (A)  escaped from a juvenile facility operated by
1-20     or under contract with the Texas Youth Commission; or
1-21                       (B)  violated a condition [of probation or] of
1-22     release under supervision of the Texas Youth Commission.
1-23           SECTION 3.  Section 51.17(c), Family Code, is amended to read
1-24     as follows:
 2-1           (c)  Except as otherwise provided by this title, the Texas
 2-2     Rules of [Criminal] Evidence applicable to criminal cases and
 2-3     Chapter 38, Code of Criminal Procedure, apply in a judicial
 2-4     proceeding under this title.
 2-5           SECTION 4.  Chapter 51, Family Code, is amended by adding
 2-6     Section 51.20 to read as follows:
 2-7           Sec. 51.20.  PHYSICAL OR MENTAL EXAMINATION.  (a)   At any
 2-8     stage of the proceedings under this title, the juvenile court may
 2-9     order a child who is referred to the juvenile court or who is
2-10     alleged by a petition or found to have engaged in delinquent
2-11     conduct or conduct indicating a need for supervision to be examined
2-12     by an appropriate expert, including a physician, psychiatrist, or
2-13     psychologist.
2-14           (b)  If, after conducting an examination of a child ordered
2-15     under Subsection (a) and reviewing any other relevant information,
2-16     there is reason to believe that the child has a mental illness or
2-17     mental retardation, the probation department shall refer the child
2-18     to the local mental health or mental retardation authority for
2-19     evaluation and services, unless the prosecuting attorney has filed
2-20     a petition under Section 53.04.
2-21           SECTION 5.  Section 52.02(c), Family Code, is amended to read
2-22     as follows:
2-23           (c)  A person who takes a child into custody and who has
2-24     reasonable grounds to believe that the child has been operating a
2-25     motor vehicle in a public place while having any detectable amount
2-26     of alcohol in the child's system may, before complying with
2-27     Subsection (a):
 3-1                 (1)  take the child to a place to obtain a specimen of
 3-2     the child's breath or blood as provided by Chapter 724,
 3-3     Transportation Code; and
 3-4                 (2)  perform intoxilyzer processing and videotaping of
 3-5     the child in an adult processing office of a law enforcement agency
 3-6     [police department].
 3-7           SECTION 6.  Chapter 53, Family Code, is amended by adding
 3-8     Section 53.035 to read as follows:
 3-9           Sec. 53.035.  GRAND JURY REFERRAL.  (a)  The prosecuting
3-10     attorney may, before filing a petition under Section 53.04, refer
3-11     an offense to a grand jury in the county in which the offense is
3-12     alleged to have been committed.
3-13           (b)  The grand jury has the same jurisdiction and powers to
3-14     investigate the facts and circumstances concerning an offense
3-15     referred to the grand jury under this section as it has to
3-16     investigate other criminal activity.
3-17           (c)  If the grand jury votes to take no action on an offense
3-18     referred to the grand jury under this section, the prosecuting
3-19     attorney may not file a petition under Section 53.04 concerning the
3-20     offense unless the same or a successor grand jury approves the
3-21     filing of the petition.
3-22           (d)  If the grand jury votes for approval of the prosecution
3-23     of an offense referred to the grand jury under this section, the
3-24     prosecuting attorney may file a petition under Section 53.04.
3-25           (e)  The approval of the prosecution of an offense by a grand
3-26     jury under this section does not constitute approval of a petition
3-27     by a grand jury for purposes of Section 53.045.
 4-1           SECTION 7.  Section 54.01, Family Code, is amended by adding
 4-2     Subsection (p) to read as follows:
 4-3           (p)  If a child has not been released under Section 53.02 or
 4-4     this section and a petition has not been filed under Section 53.04
 4-5     concerning the child, the court shall order the child released from
 4-6     detention not later than:
 4-7                 (1)  the 30th working day after the date the initial
 4-8     detention hearing is held, if the child is alleged to have engaged
 4-9     in conduct constituting a capital felony, an aggravated controlled
4-10     substance felony, or a felony of the first degree; or
4-11                 (2)  the 15th working day after the date the initial
4-12     detention hearing is held, if the child is alleged to have engaged
4-13     in conduct constituting an offense other than an offense listed in
4-14     Subdivision (1).
4-15           SECTION 8.  Section 54.02, Family Code, is amended by
4-16     amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-17     read as follows:
4-18           (h)  If the juvenile court waives jurisdiction, it shall
4-19     state specifically in the order its reasons for waiver and certify
4-20     its action, including the written order and findings of the court,
4-21     and shall transfer the person to the appropriate court for criminal
4-22     proceedings and cause the results of the diagnostic study of the
4-23     person ordered under Subsection (d), including psychological
4-24     information, to be transferred to  the appropriate criminal
4-25     prosecutor.  On transfer of the person for criminal proceedings,
4-26     the person shall be dealt with as an adult and in accordance with
4-27     the Code of Criminal Procedure.  The transfer of custody is an
 5-1     arrest.
 5-2           (j)  The juvenile court may waive its exclusive original
 5-3     jurisdiction and transfer a person to the appropriate district
 5-4     court or criminal district court for criminal proceedings if:
 5-5                 (1)  the person is 18 years of age or older;
 5-6                 (2)  the person was:
 5-7                       (A)  10 years of age or older and under 17 years
 5-8     of age at the time the person is alleged to have committed a
 5-9     capital felony or an offense under Section 19.02, Penal Code;
5-10                       (B)  14 years of age or older and under 17 years
5-11     of age at the time the person [he] is alleged to have committed [a
5-12     capital felony,] an aggravated controlled substance felony[,] or a
5-13     felony of the first degree other than an offense under Section
5-14     19.02, Penal Code; or
5-15                       (C) [(B)]  15 years of age or older and under 17
5-16     years of age at the time the person is alleged to have committed a
5-17     felony of the second or third degree or a state jail felony;
5-18                 (3)  no adjudication concerning the alleged offense has
5-19     been made or no adjudication hearing concerning the offense has
5-20     been conducted;
5-21                 (4)  the juvenile court finds from a preponderance of
5-22     the evidence that:
5-23                       (A)  for a reason beyond the control of the state
5-24     it was not practicable to proceed in juvenile court before the 18th
5-25     birthday of the person; or
5-26                       (B)  after due diligence of the state it was not
5-27     practicable to proceed in juvenile court before the 18th birthday
 6-1     of the person because:
 6-2                             (i)  the state did not have probable cause
 6-3     to proceed in juvenile court and new evidence has been found since
 6-4     the 18th birthday of the person;
 6-5                             (ii)  the person could not be found; or
 6-6                             (iii)  a previous transfer order was
 6-7     reversed by an appellate court or set aside by a district court;
 6-8     and
 6-9                 (5)  the juvenile court determines that there is
6-10     probable cause to believe that the child before the court committed
6-11     the offense alleged.
6-12           (o)  If a respondent is taken into custody for possible
6-13     discretionary transfer proceedings under Subsection (j), the
6-14     juvenile court shall hold a detention hearing in the same manner as
6-15     provided by Section 54.01, except that the court shall order the
6-16     respondent released unless it finds that the respondent:
6-17                 (1)  is likely to abscond or be removed from the
6-18     jurisdiction of the court;
6-19                 (2)  may be dangerous to himself or herself or may
6-20     threaten the safety of the public if released; or
6-21                 (3)  has previously been found to be a delinquent child
6-22     or has previously been convicted of a penal offense punishable by a
6-23     term of jail or prison and is likely to commit an offense if
6-24     released.
6-25           (p)  If the juvenile court does not order a respondent
6-26     released under Subsection (o), the court shall, pending the
6-27     conclusion of the discretionary transfer hearing, order that the
 7-1     respondent be detained in:
 7-2                 (1)  a certified juvenile detention facility as
 7-3     provided by Subsection (q); or
 7-4                 (2)  an appropriate county facility for the detention
 7-5     of adults accused of criminal offenses.
 7-6           (q)  The detention of a respondent in a certified juvenile
 7-7     detention facility must comply with the detention requirements
 7-8     under this title, except that, to the extent practicable, the
 7-9     person shall be kept separate from children detained in the same
7-10     facility.
7-11           (r)  If the juvenile court orders a respondent detained in a
7-12     county facility under Subsection (p), the county sheriff shall take
7-13     custody of the respondent under the juvenile court's order.  The
7-14     juvenile court shall set or deny bond for the respondent as
7-15     required by the Code of Criminal Procedure and other law applicable
7-16     to the pretrial detention of adults accused of criminal offenses.
7-17           SECTION 9.  Sections 54.03(d) and (f), Family Code, are
7-18     amended to read as follows:
7-19           (d)  Except as provided by Section 54.031 [of this chapter],
7-20     only material, relevant, and competent evidence in accordance with
7-21     the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-22     and Chapter 38, Code of Criminal Procedure, may be considered in
7-23     the adjudication hearing.  Except in a detention or discretionary
7-24     transfer hearing, a social history report or social service file
7-25     shall not be viewed by the court before the adjudication decision
7-26     and shall not be viewed by the jury at any time.
7-27           (f)  At the conclusion of the adjudication hearing, the court
 8-1     or jury shall find whether or not the child has engaged in
 8-2     delinquent conduct or conduct indicating a need for supervision.
 8-3     The finding must be based on competent evidence admitted at the
 8-4     hearing.  The child shall be presumed to be innocent of the charges
 8-5     against the child [him] and no finding that a child has engaged in
 8-6     delinquent conduct or conduct indicating a need for supervision may
 8-7     be returned unless the state has proved such beyond a reasonable
 8-8     doubt.  In all jury cases the jury will be instructed that the
 8-9     burden is on the state to prove that a child has engaged in
8-10     delinquent conduct or is in need of supervision beyond a reasonable
8-11     doubt.  A child may be adjudicated as having engaged in conduct
8-12     constituting a lesser included offense as provided by Articles
8-13     37.08 and 37.09, Code of Criminal Procedure.
8-14           SECTION 10.  Section 54.04, Family Code, is amended by
8-15     amending Subsection (l) and adding Subsection (q) to read as
8-16     follows:
8-17           (l)  Except as provided by Subsection (q), a [A] court or
8-18     jury may place a child on probation under Subsection (d)(1) [of
8-19     this section] for any period, except that probation may not
8-20     continue on or after the child's 18th birthday.  Except as provided
8-21     by Subsection (q), the [The] court may, before the period of
8-22     probation ends, extend the probation for any period, except that
8-23     the probation may not extend to or after the child's 18th birthday.
8-24           (q)  If a court or jury sentences a child to commitment in
8-25     the Texas Youth Commission under Subsection (d)(3) for a term of
8-26     not more than 10 years, the court or jury may place the child on
8-27     probation under Subsection (d)(1) as an alternative to making the
 9-1     disposition under Subsection (d)(3).  The court shall prescribe the
 9-2     period of probation ordered under this subsection for a term of not
 9-3     more than 10 years.  The court may, before the sentence of
 9-4     probation expires, extend the probationary period under Section
 9-5     54.05, except that the sentence of probation and any extension may
 9-6     not exceed 10 years.  The court may, before the child's 18th
 9-7     birthday, discharge the child from the sentence of probation.  If a
 9-8     sentence of probation ordered under this subsection and any
 9-9     extension of probation ordered under Section 54.05 will continue
9-10     after the child's 18th birthday, the court shall discharge the
9-11     child from the sentence of probation on the child's 18th birthday
9-12     unless the court transfers the child to an appropriate district
9-13     court under Section 54.051.
9-14           SECTION 11.  Section 54.05, Family Code, is amended by
9-15     amending Subsections (f)-(h) and adding Subsection (j) to read as
9-16     follows:
9-17           (f)  Except as provided by Subsection (j), a [A] disposition
9-18     based on a finding that the child engaged in delinquent conduct may
9-19     be modified so as to commit the child to the Texas Youth Commission
9-20     if the court after a hearing to modify disposition finds by a
9-21     preponderance of the evidence that the child violated a reasonable
9-22     and lawful order of the court.  A disposition based on a finding
9-23     that the child engaged in habitual felony conduct as described by
9-24     Section 51.031 [of this code] or in delinquent conduct that
9-25     included a violation of a penal law listed in Section 53.045(a) [of
9-26     this code] may be modified to commit the child to the Texas Youth
9-27     Commission with a possible transfer to the institutional division
 10-1    or the pardons and paroles division of the Texas Department of
 10-2    Criminal Justice for a definite term prescribed by Section
 10-3    54.04(d)(3) [of this code] if the original petition was approved by
 10-4    the grand jury under Section 53.045 [of this code] and if after a
 10-5    hearing to modify the disposition the court [or jury] finds that
 10-6    the child violated a reasonable and lawful order of the court.
 10-7          (g)  Except as provided by Subsection (j), a [A] disposition
 10-8    based solely on a finding that the child engaged in conduct
 10-9    indicating a need for supervision may not be modified to commit the
10-10    child to the Texas Youth Commission.  A new finding in compliance
10-11    with Section 54.03 [of this code] must be made that the child
10-12    engaged in delinquent conduct as defined in Section 51.03(a) [of
10-13    this code].
10-14          (h)  A hearing shall be held prior to commitment to the Texas
10-15    Youth Commission as a modified disposition.  In other disposition
10-16    modifications, the child and the child's [his] parent, guardian,
10-17    guardian ad litem, or attorney may waive hearing in accordance with
10-18    Section 51.09 [of this code.  A child in jeopardy of a sentence for
10-19    a determinate term is entitled to a jury of 12 persons on the
10-20    issues of the violation of the court's orders and the sentence].
10-21          (j)  If, after conducting a hearing to modify disposition
10-22    without a jury, the court finds by a preponderance of the evidence
10-23    that a child violated a reasonable and lawful condition of
10-24    probation ordered under Section 54.04(q), the court may modify the
10-25    disposition to commit the child to the Texas Youth Commission under
10-26    Section 54.04(d)(3) for a term that does not exceed the original
10-27    sentence assessed by the court or jury.
 11-1          SECTION 12.  Chapter 54, Family Code, is amended by adding
 11-2    Section 54.051 to read as follows:
 11-3          Sec. 54.051.  TRANSFER OF DETERMINATE SENTENCE PROBATION TO
 11-4    APPROPRIATE DISTRICT COURT.  (a)  On motion of the state concerning
 11-5    a child who is placed on probation under Section 54.04(q) for a
 11-6    period, including any extension ordered under Section 54.05, that
 11-7    will continue after the child's 18th birthday, the juvenile court
 11-8    shall hold a hearing to determine whether to transfer the child to
 11-9    an appropriate district court or discharge the child from the
11-10    sentence of probation.
11-11          (b)  The hearing must be conducted before the child's 18th
11-12    birthday and in the same manner as a hearing to modify disposition
11-13    under Section 54.05.
11-14          (c)  If, after a hearing, the court determines to discharge
11-15    the child, the court shall specify a date on or before the child's
11-16    18th birthday to discharge the child from the sentence of
11-17    probation.
11-18          (d)  If, after a hearing, the court determines to transfer
11-19    the child, the court shall transfer the child to an appropriate
11-20    district court on the child's 18th birthday.
11-21          (e)  A district court that exercises jurisdiction over a
11-22    child transferred under Subsection (d) shall place the child on
11-23    community supervision under Article 42.12, Code of Criminal
11-24    Procedure, for the remainder of the child's probationary period and
11-25    under conditions consistent with those ordered by the juvenile
11-26    court.  If a child who is placed on community supervision under
11-27    this subsection violates a condition of that supervision or if the
 12-1    child violated a condition of probation ordered under Section
 12-2    54.04(q) and that probation violation was not discovered by the
 12-3    state before the child's 18th birthday, the district court shall
 12-4    dispose of the violation of community supervision or probation, as
 12-5    appropriate, in the same manner as if the court had originally
 12-6    exercised jurisdiction over the case.  The time that a child serves
 12-7    on probation ordered under Section 54.04(q) is the same as time
 12-8    served on community supervision ordered under this subsection for
 12-9    purposes of determining the child's eligibility for early discharge
12-10    from community supervision under Section 20, Article 42.12, Code of
12-11    Criminal Procedure.
12-12          (f)  The juvenile court may transfer a child to an
12-13    appropriate district court as provided by this section without a
12-14    showing that the child violated a condition of probation ordered
12-15    under Section 54.04(q).
12-16          SECTION 13.  Section 54.10(a), Family Code, is amended to
12-17    read as follows:
12-18          (a)  Except as provided by Subsection (c) [of this section],
12-19    a [the] hearing under Section [provided in Sections 54.01,] 54.03,
12-20    54.04, or [and] 54.05, including a jury trial, a hearing under
12-21    Chapter 55, including a jury trial, or a [of this code and the]
12-22    hearing under [provided in] Article IV, Article V, and Article VI
12-23    of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
12-24    this code]) may be held by a referee appointed in accordance with
12-25    Section 51.04(g) or a master appointed under Chapter 54, Government
12-26    Code, [of this code]  provided:
12-27                (1)  the parties have been informed by the referee or
 13-1    master that they are entitled to have the hearing before the
 13-2    juvenile court judge [or in the case of a detention hearing
 13-3    provided for in Section 54.01 of this code, a substitute judge as
 13-4    authorized by Section 51.04(f) of this code]; and [or]
 13-5                (2)  after each party is given an opportunity to
 13-6    object, no party objects to holding the hearing before the referee
 13-7    or master [the child and the attorney for the child have in
 13-8    accordance with the requirements of Section 51.09 of this code
 13-9    waived the right to have the hearing before the juvenile court
13-10    judge or substitute judge].
13-11          SECTION 14.  Chapter 55, Family Code, is amended to read as
13-12    follows:
13-13                CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
13-14                 WITH MENTAL ILLNESS OR MENTAL RETARDATION
13-15                     SUBCHAPTER A.  GENERAL PROVISIONS
13-16          Sec. 55.01.  MEANING OF "HAVING A MENTAL ILLNESS."  For
13-17    purposes of this chapter, a child who is described as having a
13-18    mental illness means a child who suffers from mental illness as
13-19    defined by Section 571.003, Health and Safety Code [PHYSICAL OR
13-20    MENTAL EXAMINATION.  (a)  At any stage of the proceedings under
13-21    this title, the juvenile court may order a child alleged by
13-22    petition or found to have engaged in delinquent conduct or conduct
13-23    indicating a need for supervision to be examined by appropriate
13-24    experts, including a physician, psychiatrist, or psychologist.]
13-25          [(b)  If an examination ordered under Subsection (a) of this
13-26    section is to determine whether the child is mentally retarded, the
13-27    examination must consist of a determination of mental retardation
 14-1    and an interdisciplinary team recommendation, as provided by
 14-2    Chapter 593, Health and Safety Code, and shall be conducted at a
 14-3    facility approved or operated by the Texas Department of Mental
 14-4    Health and Mental Retardation or at a community center established
 14-5    in accordance with Chapter 534, Health and Safety Code].
 14-6          Sec. 55.02.  MENTAL HEALTH AND MENTAL RETARDATION
 14-7    JURISDICTION.  For the purpose of initiating proceedings to order
 14-8    mental health or mental retardation services for a child or for
 14-9    commitment of a child as provided by this chapter, the juvenile
14-10    court has jurisdiction of proceedings under Subtitle C or D, Title
14-11    7, Health and Safety Code.
14-12          Sec. 55.03.  STANDARDS OF CARE.  (a)  Except as provided by
14-13    this chapter, a child for whom inpatient mental health services is
14-14    ordered by a court under this chapter shall be cared for as
14-15    provided by Subtitle C, Title 7, Health and Safety Code.
14-16          (b)  Except as provided by this chapter, a child who is
14-17    committed by a court to a residential care facility for mental
14-18    retardation shall be cared for as provided by Subtitle D, Title 7,
14-19    Health and Safety Code.
14-20               (Sections 55.04-55.10 reserved for expansion)
14-21                 SUBCHAPTER B.  CHILD WITH MENTAL ILLNESS
14-22          Sec. 55.11.  MENTAL ILLNESS DETERMINATION; EXAMINATION.  (a)
14-23    On a motion by a party, the juvenile court shall determine whether
14-24    probable cause exists to believe that a child who is alleged by
14-25    petition or found to have engaged in delinquent conduct or conduct
14-26    indicating a need for supervision has a mental illness.  In making
14-27    its determination, the court may:
 15-1                (1)  consider the motion, supporting documents,
 15-2    professional statements of counsel, and witness testimony; and
 15-3                (2)  make its own observation of the child.
 15-4          (b)  If the court determines that probable cause exists to
 15-5    believe that the child has a mental illness, the court shall
 15-6    temporarily stay the juvenile court proceedings and immediately
 15-7    order the child to be examined under Section 51.20.  The
 15-8    information obtained from the examination must include expert
 15-9    opinion as to whether the child has a mental illness and whether
15-10    the child meets the commitment criteria under Subtitle C, Title 7,
15-11    Health and Safety Code.  If ordered by the court, the information
15-12    must also include expert opinion as to whether the child is unfit
15-13    to proceed with the juvenile court proceedings.
15-14          (c)  After considering all relevant information, including
15-15    information obtained from an examination under Section 51.20, the
15-16    court shall:
15-17                (1)  if the court determines that evidence exists to
15-18    support a finding that the child has a mental illness and that the
15-19    child meets the commitment criteria under Subtitle C, Title 7,
15-20    Health and Safety Code, proceed under Section 55.12; or
15-21                (2)  if the court determines that evidence does not
15-22    exist to support a finding that the child has a mental illness or
15-23    that the child meets the commitment criteria under Subtitle C,
15-24    Title 7, Health and Safety Code, dissolve the stay and continue the
15-25    juvenile court proceedings.
15-26          Sec. 55.12 [55.02].  INITIATION OF COMMITMENT PROCEEDINGS
15-27    [CHILD WITH MENTAL ILLNESS].  If, after considering all relevant
 16-1    information, the juvenile court determines that evidence exists to
 16-2    support a finding that a child has a mental illness and that the
 16-3    child meets the commitment criteria under Subtitle C, Title 7,
 16-4    Health and Safety Code, the [(a) The] court shall:
 16-5                (1)  initiate proceedings as provided by Section 55.13
 16-6    to order temporary or extended mental health services, as provided
 16-7    in Subchapter C, Chapter 574, Health and Safety Code[, for a child
 16-8    alleged or found to have engaged in delinquent conduct or conduct
 16-9    indicating a need for supervision, if:]
16-10                [(1)  on motion by a party or the court it is alleged
16-11    that the child is mentally ill]; or
16-12                (2)  refer the child's case as provided by Section
16-13    55.14 to the appropriate court for the initiation of proceedings in
16-14    that court for commitment of the child under Subchapter C, Chapter
16-15    574, Health and Safety Code.
16-16          Sec. 55.13.  COMMITMENT PROCEEDINGS IN JUVENILE COURT.  (a)
16-17    If the juvenile court initiates proceedings for temporary or
16-18    extended mental health services under Section 55.12(1), the
16-19    prosecuting attorney or the attorney for the child may file with
16-20    the juvenile court an application for court-ordered mental health
16-21    services under Section 574.001, Health and Safety Code.  The
16-22    juvenile court shall:
16-23                (1)  set a date for a hearing and provide notice as
16-24    required by Sections 574.005 and 574.006, Health and Safety Code;
16-25    and
16-26                (2)  conduct the hearing in accordance with Subchapter
16-27    C, Chapter 574, Health and Safety Code.
 17-1          (b)  The burden of proof at the hearing is on the party who
 17-2    filed the application.
 17-3          (c)  The juvenile court shall appoint the number of
 17-4    physicians necessary to examine the child and to complete the
 17-5    certificates of medical examination for mental illness required
 17-6    under Section 574.009, Health and Safety Code.
 17-7          (d)  After conducting a hearing on an application under this
 17-8    section, the juvenile court shall:
 17-9                (1)  if the criteria under Section 574.034, Health and
17-10    Safety Code, are satisfied, order temporary mental health services
17-11    for the child; or
17-12                (2)  if the criteria under Section 574.035, Health and
17-13    Safety Code, are satisfied, order extended mental health services
17-14    for the child.
17-15          Sec. 55.14.  REFERRAL FOR COMMITMENT PROCEEDINGS.  (a)  If
17-16    the juvenile court refers the child's case to the appropriate court
17-17    for the initiation of commitment proceedings under Section
17-18    55.12(2), the juvenile court shall:
17-19                (1)  send all papers relating to the child's mental
17-20    illness to the clerk of the court to which the case is referred;
17-21                (2)  send to the office of the appropriate county
17-22    attorney or, if a county attorney is not available, to the office
17-23    of the appropriate district attorney, copies of all papers sent to
17-24    the clerk of the court under Subdivision (1); and
17-25                (3)  if the child is in detention:
17-26                      (A)  order the child released from detention to
17-27    the child's home or another appropriate place;
 18-1                      (B)  order the child detained in an appropriate
 18-2    place other than a juvenile detention facility; or
 18-3                      (C)  if an appropriate place to release or detain
 18-4    the child as described by Paragraph (A) or (B) is not available,
 18-5    order the child to remain in the juvenile detention facility
 18-6    subject to further detention orders of the court.
 18-7          (b)  The papers sent to the clerk of a court under Subsection
 18-8    (a)(1) constitute an application for mental health services under
 18-9    Section 574.001, Health and Safety Code.
18-10          Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
18-11    MENTAL HEALTH SERVICES.  [a child is found or alleged to be unfit
18-12    to proceed as a result of mental illness under Section 55.04 of
18-13    this chapter or is found not responsible for the child's conduct as
18-14    a result of mental illness under Section 55.05 of this chapter.]
18-15          [(b)  Subtitle C, Title 7, Health and Safety Code, governs
18-16    proceedings for court-ordered mental health services except that
18-17    the juvenile court shall conduct the proceedings whether or not the
18-18    juvenile court is also a county court.]
18-19          [(c)]  If the juvenile court or a court to which the child's
18-20    case is referred under Section 55.12(2) orders mental health
18-21    services for the child, the child shall be cared for, treated, and
18-22    released in conformity to Subtitle C, Title 7, Health and Safety
18-23    Code, except:
18-24                (1)  a [juvenile] court order for mental health
18-25    services for [of] a child automatically expires on the 120th day
18-26    after the date the child becomes 18 years of age; and
18-27                (2)  the administrator of a mental health facility
 19-1    shall notify, in writing, by certified mail, return receipt
 19-2    requested, the juvenile court that ordered mental health services
 19-3    or the juvenile court that referred the case to a court that
 19-4    ordered the mental health services of the intent to discharge the
 19-5    child at least 10 days prior to discharge.
 19-6          Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
 19-7    PROCEEDINGS.  (a)  If the court to which the child's case is
 19-8    referred under Section 55.12(2) orders temporary or extended
 19-9    inpatient mental health services for the child, the court shall
19-10    immediately notify in writing the referring juvenile court of the
19-11    court's order for mental health services.
19-12          (b) [(d)]  If the juvenile court orders temporary or extended
19-13    inpatient mental health services for the child or if the juvenile
19-14    court receives notice under Subsection (a)  from the court to which
19-15    the child's case is referred, the proceedings under this title then
19-16    pending in juvenile court shall be stayed.
19-17          Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
19-18    OF STAY.  (a)  If the court to which a child's case is referred
19-19    under Section 55.12(2) does not order temporary or extended
19-20    inpatient mental health services for the child, the court shall
19-21    immediately notify in writing the referring juvenile court of the
19-22    court's decision.
19-23          (b)  If the juvenile court does not order temporary or
19-24    extended inpatient mental health services for the child or if the
19-25    juvenile court receives notice under Subsection (a) from the court
19-26    to which the child's case is referred, the juvenile court shall
19-27    dissolve the stay and continue the juvenile court proceedings.
 20-1          Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
 20-2    REACHING 18 YEARS OF AGE.  [(e)] If the child is discharged from
 20-3    the mental health facility before reaching 18 years of age, the
 20-4    juvenile court may:
 20-5                (1)  dismiss the juvenile court proceedings with
 20-6    prejudice; or
 20-7                (2)  continue with proceedings under this title as
 20-8    though no order of mental health services had been made.
 20-9          Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
20-10    (a) [(f)] The juvenile court shall transfer all pending proceedings
20-11    from the juvenile court to a criminal court on the 18th birthday of
20-12    a child for whom the juvenile court or a court to which the child's
20-13    case is referred under Section 55.12(2) has ordered inpatient
20-14    mental health services [under this section] if:
20-15                (1)  the child is not discharged or furloughed from the
20-16    inpatient mental health [residential care] facility before reaching
20-17    18 years of age; and
20-18                (2)  the child is alleged to have engaged in delinquent
20-19    conduct that included a violation of a penal law listed in Section
20-20    53.045 and no adjudication concerning the alleged conduct has been
20-21    made.
20-22          (b) [(g)]  The juvenile court shall send notification of the
20-23    transfer of a child under Subsection (a) [(f)] to the inpatient
20-24    mental health [residential care] facility.  The criminal court
20-25    shall, within 90 days of the transfer, institute proceedings under
20-26    Article 46.02, Code of Criminal Procedure.  If those or any
20-27    subsequent proceedings result in a determination that the defendant
 21-1    is competent to stand trial, the defendant may not receive a
 21-2    punishment for the delinquent conduct described by Subsection
 21-3    (a)(2) [(f)(2)] that results in confinement for a period longer
 21-4    than the maximum period of confinement the defendant could have
 21-5    received if the defendant had been adjudicated for the delinquent
 21-6    conduct while still a child and within the jurisdiction of the
 21-7    juvenile court.
 21-8               (Sections 55.20-55.30 reserved for expansion)
 21-9           SUBCHAPTER C.  CHILD UNFIT TO PROCEED AS A RESULT OF
21-10                   MENTAL ILLNESS OR MENTAL RETARDATION
21-11          [Sec. 55.03.  CHILD WITH MENTAL RETARDATION.  (a)  If a child
21-12    is found or alleged to be unfit to proceed as a result of mental
21-13    retardation under Section 55.04 or is found not responsible for the
21-14    child's conduct as a result of mental retardation under Section
21-15    55.05, the court shall order a determination of mental retardation
21-16    and an interdisciplinary team recommendation of the child, as
21-17    provided by Chapter 593, Health and Safety Code, to be performed at
21-18    a facility approved or operated by the Texas Department of Mental
21-19    Health and Mental Retardation or at a community center established
21-20    in accordance with Chapter 534, Health and Safety Code.]
21-21          [(b)  A child alleged or found to have engaged in delinquent
21-22    conduct or conduct indicating a need for supervision may be
21-23    committed to a residential care facility if:]
21-24                [(1)  the child is found unfit to proceed as a result
21-25    of mental retardation under Section 55.04 of this chapter or is
21-26    found not responsible for the child's conduct as a result of mental
21-27    retardation under Section 55.05 of this chapter; and]
 22-1                [(2)  the child meets the criteria for commitment as
 22-2    provided in Subchapter C, Chapter 593, Health and Safety Code.]
 22-3          [(c)  Subtitle D, Title 7, Health and Safety Code, governs
 22-4    proceedings for commitment of a child under this section except
 22-5    that:]
 22-6                [(1)  the juvenile court shall conduct the proceedings
 22-7    whether or not the juvenile court is also a county court; and]
 22-8                [(2)  on receipt of the court's order entering the
 22-9    findings required by Subtitle D, Title 7, Health and Safety Code,
22-10    and Subsection (b)(1) of this section, the Texas Department of
22-11    Mental Health and Mental Retardation or the appropriate community
22-12    center shall admit the child to a residential care facility.]
22-13          [(d)  If the juvenile court enters an order committing the
22-14    child to a residential care facility, the child shall be cared for,
22-15    treated, and released in conformity to Subtitle D, Title 7, Health
22-16    and Safety Code, except that the administrator of the residential
22-17    care facility shall notify, in writing, the juvenile court that
22-18    ordered commitment of the child of the intent to discharge the
22-19    child from the residential care facility or to furlough the child
22-20    to an alternative placement at least 20 days prior to the date of
22-21    the discharge or furlough.]
22-22          [(e)  If the juvenile court orders commitment of a child to a
22-23    residential care facility, the proceedings under this title then
22-24    pending in juvenile court shall be stayed.]
22-25          [(f)  If the child committed to a residential care facility
22-26    is discharged or furloughed from the residential care facility as
22-27    provided by Subsection (d) of this section and in accordance with
 23-1    Subtitle D, Title 7, Health and Safety Code, before reaching 18
 23-2    years of age, the juvenile court may:]
 23-3                [(1)  dismiss the juvenile court proceedings with
 23-4    prejudice; or]
 23-5                [(2)  continue with proceedings under this title as
 23-6    though no order of commitment had been made.]
 23-7          [(g)  The juvenile court shall transfer all pending
 23-8    proceedings from the juvenile court to a criminal court on the 18th
 23-9    birthday of a child committed to a residential care facility if:]
23-10                [(1)  the child is not discharged or furloughed from
23-11    the residential care facility before reaching 18 years of age; and]
23-12                [(2)  the child is alleged to have engaged in
23-13    delinquent conduct that included a violation of a penal law listed
23-14    in Section 53.045.]
23-15          [(h)  The juvenile court shall send notification of the
23-16    transfer of a child under Subsection (g) to the residential care
23-17    facility.  The criminal court shall, within 90 days of the
23-18    transfer, institute proceedings under Article 46.02, Code of
23-19    Criminal Procedure.  If those or any subsequent proceedings result
23-20    in a determination that the defendant is competent to stand trial,
23-21    the defendant may not receive a punishment for the delinquent
23-22    conduct described by Subsection (g)(2) that results in confinement
23-23    for a period longer than the maximum period of confinement the
23-24    defendant could have received if the defendant had been adjudicated
23-25    for the delinquent conduct while still a child and within the
23-26    jurisdiction of the juvenile court.]
23-27          Sec. 55.31 [55.04].  UNFITNESS TO PROCEED DETERMINATION;
 24-1    EXAMINATION.  (a)  A child alleged by petition or found to have
 24-2    engaged in delinquent conduct or conduct indicating a need for
 24-3    supervision who as a result of mental illness or mental retardation
 24-4    lacks capacity to understand the proceedings in juvenile court or
 24-5    to assist in the child's [his] own defense is unfit to proceed and
 24-6    shall not be subjected to discretionary transfer to criminal court,
 24-7    adjudication, disposition, or modification of disposition as long
 24-8    as such incapacity endures.
 24-9          (b)  On a [If on] motion by a party, the juvenile court shall
24-10    determine whether probable cause exists to believe that a child who
24-11    is alleged by petition or who is found to have engaged in
24-12    delinquent conduct or conduct indicating a need for supervision is
24-13    [or the court it is alleged that a child may be] unfit to proceed
24-14    as a result of mental illness or mental retardation[, the court
24-15    shall order appropriate examinations as provided by Section 55.01
24-16    of this chapter].  In making its determination, the court may:
24-17                (1)  consider the motion, supporting documents,
24-18    professional statements of counsel, and witness testimony; and
24-19                (2)  make its own observation of the child.
24-20          (c)  If the court determines that probable cause exists to
24-21    believe that the child is unfit to proceed, the court shall
24-22    temporarily stay the juvenile court proceedings and immediately
24-23    order the child to be examined under Section 51.20.  The
24-24    information obtained from the examination [examinations] must
24-25    include expert opinion as to whether the child is unfit to proceed
24-26    as a result of mental illness or mental retardation.
24-27          (d)  After considering all relevant information, including
 25-1    information obtained from an examination under Section 51.20, the
 25-2    court shall:
 25-3                (1)  if the court determines that evidence exists to
 25-4    support a finding that the child is unfit to proceed, proceed under
 25-5    Section 55.32; or
 25-6                (2)  if the court determines that evidence does not
 25-7    exist to support a finding that the child is unfit to proceed,
 25-8    dissolve the stay and continue the juvenile court proceedings.
 25-9          Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  (a)  If
25-10    the juvenile court determines that evidence exists to support a
25-11    finding that a child is unfit to proceed as a result of mental
25-12    illness or mental retardation, the court shall set the case for a
25-13    hearing on that issue.
25-14          (b) [(c)]  The issue of [court or jury shall determine]
25-15    whether the child is unfit to proceed as a result of mental illness
25-16    or mental retardation shall be determined at a hearing separate
25-17    from any other [the adjudication] hearing.
25-18          (c)  The court shall determine the issue of whether the child
25-19    is unfit to proceed unless the child or the attorney for the child
25-20    demands a jury before the 10th  day before the date of the hearing.
25-21          (d)  Unfitness to proceed as a result of mental illness or
25-22    mental retardation must be proved by a preponderance of the
25-23    evidence.
25-24          (e)  If the court or jury determines that the child is fit to
25-25    proceed, the juvenile court shall continue with proceedings under
25-26    this title as though no question of fitness to proceed had been
25-27    raised.
 26-1          (f)  If the court or jury determines that the child is unfit
 26-2    to proceed as a result of mental illness or mental retardation, the
 26-3    court shall:
 26-4                (1)  stay the juvenile court proceedings for as long as
 26-5    that incapacity endures; and
 26-6                (2)  proceed under Section 55.33 [initiate proceedings
 26-7    under Section 55.02 or Section 55.03 of this chapter].
 26-8          (g)  [A proceeding to determine fitness to proceed may be
 26-9    joined with proceedings under Sections 55.02 and 55.03 of this
26-10    chapter.]
26-11          [(h)]  The fact that the child is unfit to proceed as a
26-12    result of mental illness or mental retardation does not preclude
26-13    any legal objection to the juvenile court proceedings which is
26-14    susceptible of fair determination prior to the adjudication hearing
26-15    and without the personal participation of the child.
26-16          Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
26-17    PROCEED.  (a)  If the juvenile court or jury determines under
26-18    Section 55.32 that a child is unfit to proceed with the juvenile
26-19    court proceedings for delinquent conduct, the court shall:
26-20                (1)  if the unfitness to proceed is a result of mental
26-21    illness or mental retardation:
26-22                      (A)  order the child placed with the Texas
26-23    Department of Mental Health and Mental Retardation for a period of
26-24    not more than 90 days, which order may not specify a shorter
26-25    period, for placement in a facility designated by the department;
26-26    or
26-27                      (B)  on application by the child's parent,
 27-1    guardian, or guardian ad litem, order the child placed in a private
 27-2    psychiatric inpatient facility for a period of not more than 90
 27-3    days, which order may not specify a shorter period, but only if the
 27-4    placement is agreed to in writing by the administrator of the
 27-5    facility; or
 27-6                (2)  if the unfitness to proceed is a result of mental
 27-7    illness and the court determines that the child may be adequately
 27-8    treated in an alternative setting, order the child to receive
 27-9    treatment for mental illness on an outpatient basis for a period of
27-10    not more than 90 days, which order may not specify a shorter
27-11    period.
27-12          (b)  If the court orders a child placed in a private
27-13    psychiatric inpatient facility under Subsection (a)(1)(B), the
27-14    state or a political subdivision of the state may be ordered to pay
27-15    any costs associated with the child's placement.
27-16          Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
27-17    the court issues a placement order under Section 55.33(a)(1), the
27-18    court shall order the probation department or sheriff's department
27-19    to transport the child to the designated facility.
27-20          (b)  On receipt of a report from a facility to which a child
27-21    has been transported under Subsection (a), the court shall order
27-22    the probation department or sheriff's department to transport the
27-23    child from the facility to the court.  If the child is not
27-24    transported to the court before the 11th day after the date of the
27-25    court's order, an authorized representative of the facility shall
27-26    transport the child from the facility to the court.
27-27          (c)  The county in which the juvenile court is located shall
 28-1    reimburse the facility for the costs incurred in transporting the
 28-2    child to the juvenile court as required by Subsection (b).
 28-3          Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
 28-4    REPORT TO COURT.  (a)  If the juvenile court issues a placement
 28-5    order under Section 55.33(a), the court shall order the probation
 28-6    department to send copies of any information in the possession of
 28-7    the  department and relevant to the issue of the child's mental
 28-8    illness or mental retardation to the public or private facility or
 28-9    outpatient center, as appropriate.
28-10          (b)  Not later than the 75th day after the date the court
28-11    issues a placement order under Section 55.33(a), the public or
28-12    private facility or outpatient center, as appropriate, shall submit
28-13    to the court a report that:
28-14                (1)  describes the treatment of the child provided by
28-15    the facility or center; and
28-16                (2)  states the opinion of the director of the facility
28-17    or center as to whether the child is fit or unfit to proceed.
28-18          (c)  The court shall provide a copy of the report submitted
28-19    under Subsection (b) to the prosecuting attorney and the attorney
28-20    for the child.
28-21          Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
28-22    OBJECTION.  (a)  If a report submitted under Section 55.35(b)
28-23    states that a child is fit to proceed, the juvenile court shall
28-24    find that the child is fit to proceed unless the child's attorney
28-25    objects in writing or in open court not later than the second day
28-26    after the date the attorney receives a copy of the report under
28-27    Section 55.35(c).
 29-1          (b)  On objection by the child's attorney under Subsection
 29-2    (a), the juvenile court shall promptly hold a hearing to determine
 29-3    whether the child is fit to proceed, except that the hearing may be
 29-4    held after the date that the placement order issued under Section
 29-5    55.33(a) expires.  At the hearing, the court shall determine the
 29-6    issue of the fitness of the child to proceed unless the child or
 29-7    the child's attorney demands in writing a jury before the 10th day
 29-8    before the date of the hearing.
 29-9          (c)  If, after a hearing, the court or jury finds that the
29-10    child is fit to proceed, the court shall dissolve the stay and
29-11    continue the juvenile court proceedings as though a question of
29-12    fitness to proceed had not been raised.
29-13          (d)  If, after a hearing, the court or jury finds that the
29-14    child is unfit to proceed, the court shall proceed under Section
29-15    55.37.
29-16          Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
29-17    RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS.  If
29-18    a report submitted under Section 55.35(b) states that a  child is
29-19    unfit to proceed as a result of mental illness and that the child
29-20    meets the commitment criteria for civil commitment under Subtitle
29-21    C, Title 7, Health and Safety Code, the director of the public or
29-22    private facility or outpatient center, as appropriate, shall submit
29-23    to the court two certificates of medical examination for mental
29-24    illness.  On receipt of the certificates, the court shall:
29-25                (1)  initiate proceedings as provided by Section 55.38
29-26    in the juvenile court for commitment of the child under Subtitle C,
29-27    Title 7, Health and Safety Code; or
 30-1                (2)  refer the child's case as provided by Section
 30-2    55.39 to the appropriate court for the initiation of proceedings in
 30-3    that court for commitment of the child under Subtitle C, Title 7,
 30-4    Health and Safety Code.
 30-5          Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 30-6    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
 30-7    proceedings  under Section 55.37(1), the prosecuting attorney may
 30-8    file with the juvenile court an application for court-ordered
 30-9    mental health services under Section 574.001, Health and Safety
30-10    Code.  The juvenile court shall:
30-11                (1)  set a date for a hearing and provide notice as
30-12    required by Sections 574.005 and 574.006, Health and Safety Code;
30-13    and
30-14                (2)  conduct the hearing in accordance with Subchapter
30-15    C, Chapter 574, Health and Safety Code.
30-16          (b)  After conducting a hearing under Subsection (a)(2), the
30-17    juvenile court shall:
30-18                (1)  if the criteria under Section 574.034, Health and
30-19    Safety Code, are satisfied, order temporary mental health services;
30-20    or
30-21                (2)  if the criteria under Section 574.035, Health and
30-22    Safety Code, are satisfied, order extended mental health services.
30-23          Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
30-24    ILLNESS.  (a)  If the juvenile court refers the child's case to an
30-25    appropriate court for the initiation of commitment proceedings
30-26    under Section 55.37(2), the juvenile court shall:
30-27                (1)  send all papers relating to the child's unfitness
 31-1    to proceed, including the verdict and judgment of the juvenile
 31-2    court finding the child unfit to proceed, to the clerk of the court
 31-3    to which the case is referred;
 31-4                (2)  send to the office of the appropriate county
 31-5    attorney or, if a county attorney is not available, to the office
 31-6    of the appropriate district attorney, copies of all papers sent to
 31-7    the clerk of the court under Subdivision (1); and
 31-8                (3)  if the child is in detention:
 31-9                      (A)  order the child released from detention to
31-10    the child's home or another appropriate place;
31-11                      (B)  order the child detained in an appropriate
31-12    place other than a juvenile detention facility; or
31-13                      (C)  if an appropriate place to release or detain
31-14    the child as described by Paragraph (A) or (B) is not available,
31-15    order the child to remain in the juvenile detention facility
31-16    subject to further detention orders of the court.
31-17          (b)  The papers sent to a court under Subsection (a)(1)
31-18    constitute an application for mental health services under Section
31-19    574.001, Health and Safety Code.
31-20          Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
31-21    RESULT OF MENTAL RETARDATION.  If a report submitted under Section
31-22    55.35(b) states that a  child is unfit to proceed as a result of
31-23    mental retardation and that the child meets the commitment criteria
31-24    for civil commitment under Subtitle D, Title 7, Health and Safety
31-25    Code, the director of the residential care facility shall submit to
31-26    the court an affidavit stating the conclusions reached as a result
31-27    of the diagnosis.  On receipt of the affidavit, the court shall:
 32-1                (1)  initiate proceedings as provided by Section 55.41
 32-2    in the juvenile court for commitment of the child under Subtitle D,
 32-3    Title 7, Health and Safety Code; or
 32-4                (2)  refer the child's case as provided by Section
 32-5    55.42 to the appropriate court for the initiation of proceedings in
 32-6    that court for commitment of the child under Subtitle D, Title 7,
 32-7    Health and Safety Code.
 32-8          Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 32-9    MENTAL RETARDATION.  (a)  If the juvenile court initiates
32-10    commitment proceedings  under Section 55.40(1), the prosecuting
32-11    attorney may file with the juvenile court an application for
32-12    placement under Section 593.041, Health and Safety Code.  The
32-13    juvenile court shall:
32-14                (1)  set a date for a hearing and provide notice as
32-15    required by Sections 593.047 and 593.048, Health and Safety Code;
32-16    and
32-17                (2)  conduct the hearing in accordance with Sections
32-18    593.049-593.056, Health and Safety Code.
32-19          (b)  After conducting a hearing under Subsection (a)(2), the
32-20    juvenile court may order commitment of the child to a residential
32-21    care facility if the commitment criteria under Section 593.052,
32-22    Health and Safety Code, are satisfied.
32-23          Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
32-24    RETARDATION.  (a)  If the juvenile court refers the child's case to
32-25    an appropriate court for the initiation of commitment proceedings
32-26    under Section 55.40(2), the juvenile court shall:
32-27                (1)  send all papers relating to the child's mental
 33-1    retardation to the clerk of the court to which the case is
 33-2    referred;
 33-3                (2)  send to the office of the appropriate county
 33-4    attorney or, if a county attorney is not available, to the office
 33-5    of the appropriate district attorney, copies of all papers sent to
 33-6    the clerk of the court under Subdivision (1); and
 33-7                (3)  if the child is in detention:
 33-8                      (A)  order the child released from detention to
 33-9    the child's home or another appropriate place;
33-10                      (B)  order the child detained in an appropriate
33-11    place other than a juvenile detention facility; or
33-12                      (C)  if an appropriate place to release or detain
33-13    the child as described by Paragraph (A) or (B) is not available,
33-14    order the child to remain in the juvenile detention facility
33-15    subject to further detention orders of the court.
33-16          (b)  The papers sent to a court under Subsection (a)(1)
33-17    constitute an application for placement under Section 593.041,
33-18    Health and Safety Code.
33-19          Sec. 55.43.  RESTORATION HEARING.  (a)  The prosecuting
33-20    attorney may file with the juvenile court a motion for a
33-21    restoration hearing concerning a child if:
33-22                (1)  the child is found unfit to proceed as a result of
33-23    mental illness or mental retardation; and
33-24                (2)  the child:
33-25                      (A)  is not:
33-26                            (i)  ordered by a court to receive
33-27    inpatient mental health services;
 34-1                            (ii)  committed by a court to a residential
 34-2    care facility; or
 34-3                            (iii)  ordered by a court to receive
 34-4    treatment on an outpatient basis; or
 34-5                      (B)  is discharged or furloughed from a mental
 34-6    health facility or outpatient center before the child reaches 18
 34-7    years of age.
 34-8          (b)  At the restoration hearing, the court shall determine
 34-9    the issue of whether the child is fit to proceed.
34-10          (c)  The restoration hearing shall be conducted without a
34-11    jury.
34-12          (d)  The issue of fitness to proceed must be proved by a
34-13    preponderance of the evidence.
34-14          (e)  If, after a hearing, the court finds that the child is
34-15    fit to proceed, the court shall continue the juvenile court
34-16    proceedings.
34-17          (f)  If, after a hearing, the court finds that the child is
34-18    unfit to proceed, the court shall dismiss the motion for
34-19    restoration.
34-20          Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
34-21    CHILD.  (a)  The juvenile court shall transfer all pending
34-22    proceedings from the juvenile court to a criminal court on the 18th
34-23    birthday of a child for whom the juvenile court or a court to which
34-24    the child's case is referred has ordered inpatient mental health
34-25    services or residential care for persons with mental retardation
34-26    if:
34-27                (1)  the child is not discharged or furloughed from the
 35-1    facility before reaching 18 years of age; and
 35-2                (2)  the child is alleged to have engaged in delinquent
 35-3    conduct that included a violation of a penal law listed in Section
 35-4    53.045 and no adjudication concerning the alleged conduct has been
 35-5    made.
 35-6          (b)  The juvenile court shall send notification of the
 35-7    transfer of a child under Subsection (a) to the facility.  The
 35-8    criminal court shall, before the 91st day after the date of the
 35-9    transfer, institute proceedings under Article 46.02, Code of
35-10    Criminal Procedure.  If those or any subsequent proceedings result
35-11    in a determination that the defendant is competent to stand trial,
35-12    the defendant may not receive a punishment for the delinquent
35-13    conduct described by Subsection (a)(2) that results in confinement
35-14    for a period longer than the maximum period of confinement the
35-15    defendant could have received if the defendant had been adjudicated
35-16    for the delinquent conduct while still a child and within the
35-17    jurisdiction of the juvenile court.
35-18               (Sections 55.45-55.50 reserved for expansion
35-19           SUBCHAPTER D.  LACK OF RESPONSIBILITY FOR CONDUCT AS
35-20             A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
35-21          Sec. 55.51 [55.05].  LACK OF RESPONSIBILITY FOR CONDUCT
35-22    DETERMINATION; EXAMINATION.  (a)  A child alleged by petition to
35-23    have engaged in delinquent conduct or conduct indicating a need for
35-24    supervision is not responsible for the conduct if at the time of
35-25    the conduct, as a result of mental illness or mental retardation,
35-26    the child [he] lacks substantial capacity either to appreciate the
35-27    wrongfulness of the child's [his] conduct or to conform the child's
 36-1    [his] conduct to the requirements of law.
 36-2          (b)  On a [If on] motion by [of] a party in which [or the
 36-3    court] it is alleged that a [the] child may not be responsible as a
 36-4    result of mental illness or mental retardation for the child's
 36-5    conduct, the court shall order the child to be examined under
 36-6    [appropriate examinations as provided by] Section 51.20 [55.01 of
 36-7    this chapter].  The information obtained from the examinations must
 36-8    include expert opinion as to whether the child is not responsible
 36-9    for the child's conduct as a result of mental illness or mental
36-10    retardation.
36-11          (c)  The issue of whether the child is not responsible for
36-12    the child's [his] conduct as a result of mental illness or mental
36-13    retardation shall be tried to the court or jury in the adjudication
36-14    hearing.
36-15          (d)  Lack of responsibility for conduct as a result of mental
36-16    illness or mental retardation must be proved by a preponderance of
36-17    the evidence.
36-18          (e)  In its findings or verdict the court or jury must state
36-19    whether the child is not responsible for the child's [his] conduct
36-20    as a result of mental illness or mental retardation.
36-21          (f)  If the court or jury finds the child is not responsible
36-22    for the child's [his] conduct as a result of mental illness or
36-23    mental retardation, the court shall proceed [initiate proceedings]
36-24    under Section 55.52 [55.02 or 55.03 of this chapter].
36-25          (g)  A child found to be not responsible for the child's
36-26    [his] conduct as a result of mental illness or mental retardation
36-27    shall not be subject to proceedings under this title with respect
 37-1    to such conduct, other than proceedings under Section 55.52 [55.02
 37-2    or 55.03 of this chapter].
 37-3          Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
 37-4    RESPONSIBILITY FOR CONDUCT.  (a)  If the court or jury finds that a
 37-5    child is not responsible for the child's conduct under Section
 37-6    55.51, the court shall:
 37-7                (1)  if the lack of responsibility is a result of
 37-8    mental illness or mental retardation:
 37-9                      (A)  order the child placed with the Texas
37-10    Department of Mental Health and Mental Retardation for a period of
37-11    not more than 90 days, which order may not specify a shorter
37-12    period, for placement in a facility designated by the department;
37-13    or
37-14                      (B)  on application by the child's parent,
37-15    guardian, or guardian ad litem, order the child placed in a private
37-16    psychiatric inpatient facility for a period of not more than 90
37-17    days, which order may not specify a shorter period, but only if the
37-18    placement is agreed to in writing by the administrator of the
37-19    facility; or
37-20                (2)  if the child's lack of responsibility is a result
37-21    of mental illness and the court determines that the child may be
37-22    adequately treated in an alternative setting, order the child to
37-23    receive treatment on an outpatient basis for a period of not more
37-24    than 90 days, which order may not specify a shorter period.
37-25          (b)  If the court orders a child placed in a private
37-26    psychiatric inpatient facility under Subsection (a)(1)(B), the
37-27    state or a political subdivision of the state may be ordered to pay
 38-1    any costs associated with the child's placement.
 38-2          Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
 38-3    the court issues a placement order under Section 55.52(a)(1), the
 38-4    court shall order the probation department or sheriff's department
 38-5    to transport the child to the designated facility.
 38-6          (b)  On receipt of a report from a facility to which a child
 38-7    has been transported under Subsection (a), the court shall order
 38-8    the probation department or sheriff's department to transport the
 38-9    child from the facility to the court.  If the child is not
38-10    transported to the court before the 11th day after the date of the
38-11    court's order, an authorized representative of the facility shall
38-12    transport the child from the facility to the court.
38-13          (c)  The county in which the juvenile court is located shall
38-14    reimburse the facility for the costs incurred in transporting the
38-15    child to the juvenile court as required by Subsection (b).
38-16          Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
38-17    REPORT TO COURT.  (a)  If the juvenile court issues a placement
38-18    order under Section 55.52(a), the court shall order the probation
38-19    department to send copies of any information in the possession of
38-20    the department and relevant to the issue of the child's mental
38-21    illness or mental retardation to the public or private facility or
38-22    outpatient center, as appropriate.
38-23          (b)  Not later than the 75th day after the date the court
38-24    issues a placement order under Section 55.52(a), the public or
38-25    private facility or outpatient center, as appropriate, shall submit
38-26    to the court a report that:
38-27                (1)  describes the treatment of the child provided by
 39-1    the facility or center; and
 39-2                (2)  states the opinion of the director of the facility
 39-3    or center as to whether the child is mentally ill or mentally
 39-4    retarded.
 39-5          (c)  The court shall send a copy of the report submitted
 39-6    under Subsection (b) to the prosecuting attorney and the attorney
 39-7    for the child.
 39-8          Sec. 55.55.  REPORT THAT CHILD IS NOT MENTALLY ILL OR
 39-9    MENTALLY RETARDED; HEARING ON OBJECTION.  (a)  If a report
39-10    submitted under Section 55.54(b) states that a child does not have
39-11    a mental illness or mental retardation, the juvenile court shall
39-12    discharge the child unless:
39-13                (1)  an adjudication hearing was conducted concerning
39-14    conduct that included a violation of a penal law listed in Section
39-15    53.045(a) and a petition was approved by a grand jury under Section
39-16    53.045; and
39-17                (2)  the prosecuting attorney objects in writing not
39-18    later than the second day after the date the attorney receives a
39-19    copy of the report under Section 55.54(c).
39-20          (b)  On objection by the prosecuting attorney under
39-21    Subsection (a), the juvenile court shall hold a hearing without a
39-22    jury to determine whether the child has a mental illness or mental
39-23    retardation and whether the child meets the commitment criteria for
39-24    civil commitment under Subtitle C or D, Title 7, Health and Safety
39-25    Code.
39-26          (c)  At the hearing, the burden is on the state to prove by
39-27    clear and convincing evidence that the child has a mental illness
 40-1    or mental retardation and that the child meets the commitment
 40-2    criteria for civil commitment under Subtitle C or D, Title 7,
 40-3    Health and Safety Code.
 40-4          (d)  If, after a hearing, the court finds that the child does
 40-5    not have a mental illness or mental retardation and that the child
 40-6    does not meet the commitment criteria under Subtitle C or D, Title
 40-7    7, Health and Safety Code, the court shall discharge the child.
 40-8          (e)  If, after a hearing, the court finds that the child has
 40-9    a mental illness or mental retardation and that the child meets the
40-10    commitment criteria under Subtitle C or D, Title 7, Health and
40-11    Safety Code, the court shall issue an appropriate commitment order.
40-12          Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
40-13    OF COMMITMENT PROCEEDINGS.  If a report submitted under Section
40-14    55.54(b) states that a child has a mental illness and that the
40-15    child meets the commitment criteria for civil commitment under
40-16    Subtitle C, Title 7, Health and Safety Code, the director of the
40-17    public or private facility or outpatient center, as appropriate,
40-18    shall submit to the court two certificates of medical examination
40-19    for mental illness.  On receipt of the certificates, the court
40-20    shall:
40-21                (1)  initiate proceedings as provided by Section 55.57
40-22    in the juvenile court for commitment of the child under Subtitle C,
40-23    Title 7, Health and Safety Code; or
40-24                (2)  refer the child's case as provided by Section
40-25    55.58 to the appropriate court for the initiation of proceedings in
40-26    that court for commitment of the child under Subtitle C, Title 7,
40-27    Health and Safety Code.
 41-1          Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 41-2    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
 41-3    proceedings  under Section 55.56(1), the prosecuting attorney may
 41-4    file with the juvenile court an application for court-ordered
 41-5    mental health services under Section 574.001, Health and Safety
 41-6    Code.  The juvenile court shall:
 41-7                (1)  set a date for a hearing and provide notice as
 41-8    required by Sections 574.005 and 574.006, Health and Safety Code;
 41-9    and
41-10                (2)  conduct the hearing in accordance with Subchapter
41-11    C, Chapter 574, Health and Safety Code.
41-12          (b)  After conducting a hearing under Subsection (a)(2), the
41-13    juvenile court shall:
41-14                (1)  if the criteria under Section 574.034, Health and
41-15    Safety Code, are satisfied, order temporary mental health services;
41-16    or
41-17                (2)  if the criteria under Section 574.035, Health and
41-18    Safety Code, are satisfied, order extended mental health services.
41-19          Sec. 55.58.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
41-20    ILLNESS.  (a)  If the juvenile court refers the child's case to an
41-21    appropriate court for the initiation of commitment proceedings
41-22    under Section 55.56(2), the juvenile court shall:
41-23                (1)  send all papers relating to the child's mental
41-24    illness, including the verdict and judgment of the juvenile court
41-25    finding that the child was not responsible for the child's conduct,
41-26    to the clerk of the court to which the case is referred;
41-27                (2)  send to the office of the appropriate county
 42-1    attorney or, if a county attorney is not available, to the office
 42-2    of the district attorney, copies of all papers sent to the clerk of
 42-3    the court under Subdivision (1); and
 42-4                (3)  if the child is in detention:
 42-5                      (A)  order the child released from detention to
 42-6    the child's home or another appropriate place;
 42-7                      (B)  order the child detained in an appropriate
 42-8    place other than a juvenile detention facility; or
 42-9                      (C)  if an appropriate place to release or detain
42-10    the child as described by Paragraph (A) or (B) is not available,
42-11    order the child to remain in the juvenile detention facility
42-12    subject to further detention orders of the court.
42-13          (b)  The papers sent to a court under Subsection (a)(1)
42-14    constitute an application for mental health services under Section
42-15    574.001, Health and Safety Code.
42-16          Sec. 55.59.  REPORT THAT CHILD HAS MENTAL RETARDATION;
42-17    INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under
42-18    Section 55.54(b) states that a child has mental retardation and
42-19    that the child meets the commitment criteria for civil commitment
42-20    under Subtitle D, Title 7, Health and Safety Code, the director of
42-21    the residential care facility shall submit to the court an
42-22    affidavit stating the conclusions reached as a result of the
42-23    diagnosis.  On receipt of an affidavit, the juvenile court shall:
42-24                (1)  initiate proceedings in the juvenile court as
42-25    provided by Section 55.60 for commitment of the child under
42-26    Subtitle D, Title 7, Health and Safety Code; or
42-27                (2)  refer the child's case to the appropriate court as
 43-1    provided by Section 55.61 for the initiation of proceedings in that
 43-2    court for commitment of the child under Subtitle D, Title 7, Health
 43-3    and Safety Code.
 43-4          Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 43-5    MENTAL RETARDATION.  (a)  If the juvenile court initiates
 43-6    commitment proceedings  under Section 55.59(1), the prosecuting
 43-7    attorney may file with the juvenile court an application for
 43-8    placement under Section 593.041, Health and Safety Code.  The
 43-9    juvenile court shall:
43-10                (1)  set a date for a hearing and provide notice as
43-11    required by Sections 593.047 and 593.048, Health and Safety Code;
43-12    and
43-13                (2)  conduct the hearing in accordance with Sections
43-14    593.049-593.056, Health and Safety Code.
43-15          (b)  After conducting a hearing under Subsection (a)(2), the
43-16    juvenile court may order commitment of the child to a residential
43-17    care facility only if the commitment criteria under Section
43-18    593.052, Health and Safety Code, are satisfied.
43-19          Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
43-20    RETARDATION.  (a)  If the juvenile court refers the child's case to
43-21    an appropriate court for the initiation of commitment proceedings
43-22    under Section 55.59(2), the juvenile court shall:
43-23                (1)  send all papers relating to the child's mental
43-24    retardation to the clerk of the court to which the case is
43-25    referred;
43-26                (2)  send to the office of the appropriate county
43-27    attorney or, if a county attorney is not available, to the office
 44-1    of the appropriate district attorney, copies of all papers sent to
 44-2    the clerk of the court under Subdivision (1); and
 44-3                (3)  if the child is in detention:
 44-4                      (A)  order the child released from detention to
 44-5    the child's home or another appropriate place;
 44-6                      (B)  order the child detained in an appropriate
 44-7    place other than a juvenile detention facility; or
 44-8                      (C)  if an appropriate place to release or detain
 44-9    the child as described by Paragraph (A) or (B) is not available,
44-10    order the child to remain in the juvenile detention facility
44-11    subject to further detention orders of the court.
44-12          (b)  The papers sent to a court under Subsection (a)(1)
44-13    constitute an application for placement under Section 593.041,
44-14    Health and Safety Code.
44-15          SECTION 15.  Section 56.01(c), Family Code, is amended to
44-16    read as follows:
44-17          (c)  An appeal may be taken:
44-18                (1)  by or on behalf of a child from an order entered
44-19    under:
44-20                      (A)  Section 54.03 [of this code] with regard to
44-21    delinquent conduct or conduct indicating a need for supervision;
44-22                      (B)  Section 54.04 [of this code] disposing of
44-23    the case;
44-24                      (C)  Section 54.05 [of this code] respecting
44-25    modification of a previous juvenile court disposition; or
44-26                      (D)  Chapter 55 by a juvenile court [of this
44-27    code] committing a child to a facility for the mentally ill or
 45-1    mentally retarded; or
 45-2                (2)  by a person from an order entered under Section
 45-3    54.11(i)(2) [of this code] transferring the person to the custody
 45-4    of the institutional division of the Texas Department of Criminal
 45-5    Justice.
 45-6          SECTION 16.  Section 58.001(c), Family Code, is amended to
 45-7    read as follows:
 45-8          (c)  A law enforcement agency shall [may] forward
 45-9    information, including [photographs and] fingerprints, relating to
45-10    a child who has been [detained or] taken into custody under Section
45-11    52.01 by the agency to the Department of Public Safety for
45-12    inclusion in the juvenile justice information system created under
45-13    Subchapter B, but only if the child is referred to juvenile court
45-14    on or before the 10th day after the date the child is [detained or]
45-15    taken into custody under Section 52.01.  If the child is not
45-16    referred to juvenile court within that time, the law enforcement
45-17    agency shall destroy all information, including photographs and
45-18    fingerprints, relating to the child unless the child is placed in a
45-19    first offender program under Section 52.031 or on informal
45-20    disposition under Section 52.03.  The law enforcement agency may
45-21    not forward any information to the Department of Public Safety
45-22    relating to the child while the child is in a first offender
45-23    program under Section 52.031, or during the 90 days following
45-24    successful completion of the program or while the child is on
45-25    informal disposition under Section 52.03.  Except as provided by
45-26    Subsection (f), after the date the child completes an informal
45-27    disposition under Section 52.03 or after the 90th day after the
 46-1    date the child successfully completes a first offender program
 46-2    under Section 52.031, the law enforcement agency shall destroy all
 46-3    information, including photographs and fingerprints, relating to
 46-4    the child.
 46-5          SECTION 17.  Section 58.002(a), Family Code, is amended to
 46-6    read as follows:
 46-7          (a)  Except as provided by Chapter 79, Human Resources Code,
 46-8    a child may not be photographed or fingerprinted without the
 46-9    consent of the juvenile court unless the child is taken into
46-10    custody or referred to the juvenile court for conduct that
46-11    constitutes a felony or a misdemeanor punishable by confinement in
46-12    jail.
46-13          SECTION 18.  Section 58.007, Family Code, is amended by
46-14    adding Subsection (h) to read as follows:
46-15          (h)  The juvenile court may disseminate to the public the
46-16    following information relating to a child who is the subject of a
46-17    directive to apprehend or a warrant of arrest and who cannot be
46-18    located for the purpose of apprehension:
46-19                (1)  the child's name, including other names by which
46-20    the child is known;
46-21                (2)  the child's physical description, including sex,
46-22    weight, height, race, ethnicity, eye color, hair color, scars,
46-23    marks, and tattoos;
46-24                (3)  a photograph of the child; and
46-25                (4)  a description of the conduct the child is alleged
46-26    to have committed, including the level and degree of the alleged
46-27    offense.
 47-1          SECTION 19.  Section 58.106(c), Family Code, is amended to
 47-2    read as follows:
 47-3          (c)  The department may, if necessary to protect the welfare
 47-4    of the community, disseminate to the public the following
 47-5    information relating to a juvenile [offender] who has escaped from
 47-6    the custody of the Texas Youth Commission or from another secure
 47-7    detention or correctional facility:
 47-8                (1)  the juvenile's [juvenile offender's] name,
 47-9    including other names by which the juvenile [offender] is known;
47-10                (2)  the juvenile's [juvenile offender's] physical
47-11    description, including sex, weight, height, race, ethnicity, eye
47-12    color, hair color, scars, marks, and tattoos;
47-13                (3)  a photograph of the juvenile [offender]; and
47-14                (4)  a description of the conduct for which the
47-15    juvenile [offender] was committed to the Texas Youth Commission or
47-16    detained in the secure detention or correctional facility,
47-17    including the level and degree of the alleged offense.
47-18          SECTION 20.  Section 59.003(a), Family Code, is amended to
47-19    read as follows:
47-20          (a)  Subject to Subsection (e), after a child's first
47-21    commission of delinquent conduct or conduct indicating a need for
47-22    supervision, the probation department or prosecuting attorney may,
47-23    or the juvenile court may, in a disposition hearing under Section
47-24    54.04 or a modification hearing under Section 54.05, assign a child
47-25    one of the following sanction levels according to the child's
47-26    conduct:
47-27                (1)  for conduct indicating a need for supervision,
 48-1    other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
 48-2    or a Class A or B misdemeanor, the sanction level is one;
 48-3                (2)  for conduct indicating a need for supervision
 48-4    under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
 48-5    misdemeanor, other than a misdemeanor involving the use or
 48-6    possession of a firearm, or for delinquent conduct under Section
 48-7    51.03(a)(2) or (3), the sanction level is two;
 48-8                (3)  for a misdemeanor involving the use or possession
 48-9    of a firearm or for a state jail felony or a felony of the third
48-10    degree, the sanction level is three;
48-11                (4)  for a felony of the second degree, the sanction
48-12    level is four;
48-13                (5)  for a felony of the first degree, other than a
48-14    felony involving the use of a deadly weapon or causing serious
48-15    bodily injury, the sanction level is five;
48-16                (6)  for a felony of the first degree involving the use
48-17    of a deadly weapon or causing serious bodily injury, for an
48-18    aggravated controlled substance felony, or for a capital felony,
48-19    the sanction level is six; or
48-20                (7)  for a felony of the first degree involving the use
48-21    of a deadly weapon or causing serious bodily injury, for an
48-22    aggravated controlled substance felony, or for a capital felony, if
48-23    the petition has been approved by a grand jury under Section
48-24    53.045, or if a petition to transfer the child to criminal court
48-25    has been filed under Section 54.02, the sanction level is seven.
48-26          SECTION 21.  Section 59.005(a), Family Code,     is amended
48-27    to read as follows:
 49-1          (a)  For a child at sanction level two, the juvenile court,
 49-2    the prosecuting attorney, or the probation department may, as
 49-3    provided by Section 53.03:
 49-4                (1)  place the child on deferred prosecution [or
 49-5    court-ordered probation] for not less than three months or more
 49-6    than six months;
 49-7                (2)  require the child to make restitution to the
 49-8    victim of the child's conduct or perform community service
 49-9    restitution appropriate to the nature and degree of harm caused and
49-10    according to the child's ability;
49-11                (3)  require the child's parents or guardians to
49-12    identify restrictions the parents or guardians will impose on the
49-13    child's activities and requirements the parents or guardians will
49-14    set for the child's behavior;
49-15                (4)  provide the information required under Sections
49-16    59.004(a)(2) and (4);
49-17                (5)  require the child or the child's parents or
49-18    guardians to participate in a program for services under Section
49-19    264.302, if a program under Section 264.302 is available to the
49-20    child or the child's parents or guardians;
49-21                (6)  refer the child to a community-based citizen
49-22    intervention program approved by the juvenile court; and
49-23                (7)  if appropriate, impose additional conditions of
49-24    probation.
49-25          SECTION 22.  Section 59.014, Family Code, is amended to read
49-26    as follows:
49-27          Sec. 59.014.  APPEAL.  A child may not bring an appeal or a
 50-1    postconviction writ of habeas corpus based on the:
 50-2                (1)  [The] failure or inability of any person to
 50-3    provide a service listed under Sections 59.004-59.010;
 50-4                (2)  [or the] failure of a court or of any person to
 50-5    make a sanction level assignment as provided in Section 59.002 or
 50-6    59.003; or
 50-7                (3)  failure of a juvenile court or probation
 50-8    department to report a deviation from the guidelines as required by
 50-9    Section 59.003(e) [may not be used by a child as a ground for
50-10    appeal or for a postconviction writ of habeas corpus].
50-11          SECTION 23.  Section 232.002, Family Code, is amended to read
50-12    as follows:
50-13          Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
50-14    following state agencies are licensing authorities subject to this
50-15    chapter:
50-16                (1)  Department of Agriculture;
50-17                (2)  Texas Commission on Alcohol and Drug Abuse;
50-18                (3)  Texas Alcoholic Beverage Commission;
50-19                (4)  Texas Appraiser Licensing and Certification Board;
50-20                (5)  Texas Board of Architectural Examiners;
50-21                (6)  State Board of Barber Examiners;
50-22                (7)  Texas Board of Chiropractic Examiners;
50-23                (8)  Comptroller of Public Accounts;
50-24                (9)  Texas Cosmetology Commission;
50-25                (10)  Court Reporters Certification Board;
50-26                (11)  State Board of Dental Examiners;
50-27                (12)  Texas State Board of Examiners of Dietitians;
 51-1                (13)  Texas Funeral Service Commission;
 51-2                (14)  Texas Department of Health;
 51-3                (15)  Texas Department of Human Services;
 51-4                (16)  Texas Board of Professional Land Surveying;
 51-5                (17)  Texas Department of Licensing and Regulation;
 51-6                (18)  Texas State Board of Examiners of Marriage and
 51-7    Family Therapists;
 51-8                (19)  Texas State Board of Medical Examiners;
 51-9                (20)  Midwifery Board;
51-10                (21)  Texas Natural Resource Conservation Commission;
51-11                (22)  Board of Nurse Examiners;
51-12                (23)  Texas Board of Occupational Therapy Examiners;
51-13                (24)  Texas Optometry Board;
51-14                (25)  Parks and Wildlife Department;
51-15                (26)  Texas State Board of Examiners of Perfusionists;
51-16                (27)  Texas State Board of Pharmacy;
51-17                (28)  Texas Board of Physical Therapy Examiners;
51-18                (29)  Texas State Board of Plumbing Examiners;
51-19                (30)  Texas State Board of Podiatric Medical Examiners;
51-20                (31)  Polygraph Examiners Board;
51-21                (32)  Texas Board of Private Investigators and Private
51-22    Security Agencies;
51-23                (33)  Texas State Board of Examiners of Professional
51-24    Counselors;
51-25                (34)  State Board of Registration for Professional
51-26    Engineers;
51-27                (35)  Department of Protective and Regulatory Services;
 52-1                (36)  Texas State Board of Examiners of Psychologists;
 52-2                (37)  Texas State Board of Public Accountancy;
 52-3                (38)  Department of Public Safety of the State of
 52-4    Texas;
 52-5                (39)  Public Utility Commission of Texas;
 52-6                (40)  Railroad Commission of Texas;
 52-7                (41)  Texas Real Estate Commission;
 52-8                (42)  State Bar of Texas;
 52-9                (43)  Texas State Board of Social Worker Examiners;
52-10                (44)  State Board of Examiners for Speech-Language
52-11    Pathology and Audiology;
52-12                (45)  Texas Structural Pest Control Board;
52-13                (46)  Board of Tax Professional Examiners;
52-14                (47)  Secretary of State;
52-15                (48)  Supreme Court of Texas;
52-16                (49)  Texas Transportation Commission;
52-17                (50)  State Board of Veterinary Medical Examiners;
52-18                (51)  Board of Vocational Nurse Examiners;
52-19                (52)  Texas Ethics Commission;
52-20                (53)  Advisory Board of Athletic Trainers;
52-21                (54)  State Committee of Examiners in the Fitting and
52-22    Dispensing of Hearing Instruments;
52-23                (55)  Texas Board of Licensure for Professional Medical
52-24    Physicists; [and]
52-25                (56)  Texas Department of Insurance;[.]
52-26                (57)  Texas Board of Orthotics and Prosthetics; and
52-27                (58)  Texas Juvenile Probation Commission.
 53-1          SECTION 24.  Section 261.103, Family Code, is amended to read
 53-2    as follows:
 53-3          Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  (a)
 53-4    Except as provided by Subsection (b), a [A] report shall be made
 53-5    to:
 53-6                (1)  any local or state law enforcement agency;
 53-7                (2)  the department if the alleged or suspected abuse
 53-8    involves a person responsible for the care, custody, or welfare of
 53-9    the child;
53-10                (3)  the state agency that operates, licenses,
53-11    certifies, or registers the facility in which the alleged abuse or
53-12    neglect occurred; or
53-13                (4)  the agency designated by the court to be
53-14    responsible for the protection of children.
53-15          (b)  A report may be made to the Texas Youth Commission
53-16    instead of the entities listed under Subsection (a) if the report
53-17    is based on information provided by a child while under the
53-18    supervision of the commission concerning the child's alleged abuse
53-19    of another child.
53-20          SECTION 25.  Section 261.105, Family Code, is amended by
53-21    adding Subsection (e) to read as follows:
53-22          (e)  In cooperation with the department, the Texas Youth
53-23    Commission by rule shall adopt guidelines for identifying a report
53-24    made to the commission under Section 261.103(b) that is appropriate
53-25    to refer to the department or a law enforcement agency for
53-26    investigation.  Guidelines adopted under this subsection must
53-27    require the commission to consider the severity and immediacy of
 54-1    the alleged abuse or neglect of the child victim.
 54-2          SECTION 26.  Section 261.405, Family Code, as amended by
 54-3    Chapters 162 and 1374, Acts of the 75th Legislature, Regular
 54-4    Session, 1997, is reenacted and amended to read as follows:
 54-5          Sec. 261.405.  INVESTIGATIONS IN [PRE-ADJUDICATION AND
 54-6    POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
 54-7    (a)  A report of alleged abuse or neglect in a public or private
 54-8    juvenile pre-adjudication secure detention facility, including
 54-9    hold-over facilities, or public or private juvenile
54-10    post-adjudication secure correctional facility, except for a
54-11    facility operated solely for children committed to the Texas Youth
54-12    Commission, shall be made to a local law enforcement agency for
54-13    investigation.  The local law enforcement agency shall immediately
54-14    notify the Texas Juvenile Probation Commission of any report the
54-15    agency receives.
54-16          (b)  The Texas Juvenile Probation Commission shall conduct an
54-17    investigation as provided by this chapter if the commission
54-18    receives a report of alleged abuse or neglect in any program,
54-19    including a juvenile justice alternative education program,
54-20    operated wholly or partly by:
54-21                (1)  a local juvenile probation department; or
54-22                (2)  a private vendor operating under the authority of
54-23    a county juvenile board in accordance with the standards adopted by
54-24    the commission.
54-25          (c)  In an investigation required under this section, the
54-26    investigating agency shall have access to medical and mental health
54-27    records as provided by Subchapter D.
 55-1          SECTION 27.  The heading to Article 4.18, Code of Criminal
 55-2    Procedure, is amended to read as follows:
 55-3          Art. 4.18.  CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
 55-4    JUVENILE COURT].
 55-5          SECTION 28.  Article 4.18, Code of Criminal Procedure, is
 55-6    amended by adding Subsection (g) to read as follows:
 55-7          (g)  This article does not apply to a claim of a defect or
 55-8    error in a discretionary transfer proceeding in juvenile court.  A
 55-9    defendant may appeal a defect or error only as provided by Article
55-10    44.47.
55-11          SECTION 29.  Section 8(c), Article 42.09, Code of Criminal
55-12    Procedure, is amended to read as follows:
55-13          (c)  A county that transfers a defendant to the Texas
55-14    Department of Criminal Justice under this article shall also
55-15    deliver to the designated officer any presentence or postsentence
55-16    investigation report, revocation report, psychological or
55-17    psychiatric evaluation of the defendant, including an evaluation
55-18    prepared for the juvenile court before transferring the defendant
55-19    to criminal court and contained in the criminal prosecutor's file,
55-20    and available social or psychological background information
55-21    relating to the defendant and may deliver to the designated officer
55-22    any additional information upon which the judge or jury bases the
55-23    punishment decision.
55-24          SECTION 30.  Subchapter A, Chapter 25, Education Code, is
55-25    amended by adding Section 25.0011 to read as follows:
55-26          Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  (a)  For
55-27    purposes of Section 25.001, a person is not considered to reside in
 56-1    a school district if:
 56-2                (1)  the person is incarcerated in a private juvenile
 56-3    detention facility in the district as a result of the order of a
 56-4    court in another state; and
 56-5                (2)  the person resided in another state or country
 56-6    immediately before incarceration in the facility.
 56-7          (b)  A school district may provide educational services to a
 56-8    person described by Subsection (a) if the district is fully
 56-9    compensated for the cost of the services through payment of tuition
56-10    for the person by the operator of the juvenile detention facility
56-11    or other person having lawful control of the person in an amount
56-12    equal to the actual cost of educating the person.
56-13          (c)  For purposes of this section, "private juvenile
56-14    detention facility" means a juvenile detention facility that is not
56-15    operated by a governmental entity.
56-16          SECTION 31.  Section 576.025(a), Health and Safety Code, is
56-17    amended to read as follows:
56-18          (a)  A person may not administer a psychoactive medication to
56-19    a patient receiving voluntary or involuntary mental health services
56-20    who refuses the administration unless:
56-21                (1)  the patient is having a medication-related
56-22    emergency;
56-23                (2)  the patient is younger than 16 years of age and
56-24    the patient's parent, managing conservator, or guardian consents to
56-25    the administration on behalf of the patient;
56-26                (3)  the refusing patient's representative authorized
56-27    by law to consent on behalf of the patient has consented to the
 57-1    administration;
 57-2                (4)  the administration of the medication regardless of
 57-3    the patient's refusal is authorized by an order issued under
 57-4    Section 574.106; or
 57-5                (5)  the patient is receiving court-ordered mental
 57-6    health services authorized by an order issued under:
 57-7                      (A)  Article 46.02 or  46.03, Code of Criminal
 57-8    Procedure; or
 57-9                      (B)  Chapter 55, Family Code.
57-10          SECTION 32.  Section 61.077, Human Resources Code, is amended
57-11    by adding Subsections (c)-(f) to read as follows:
57-12          (c)  If a child who is discharged from the commission under
57-13    Subsection (b) as a result of mental illness is not receiving
57-14    court-ordered mental health services, the child's discharge is
57-15    effective on the earlier of:
57-16                (1)  the date the court enters an order regarding an
57-17    application for mental health services filed under Section
57-18    61.0772(b); or
57-19                (2)  the 30th day after the date the application is
57-20    filed.
57-21          (d)  If a child who is discharged from the commission under
57-22    Subsection (b) as a result of mental illness is receiving
57-23    court-ordered mental health services, the child's discharge from
57-24    the commission is effective immediately.  If the child is receiving
57-25    mental health services outside the child's home county, the
57-26    commission shall notify the mental health authority located in that
57-27    county of the discharge not later than the 30th day after the date
 58-1    that the child's discharge is effective.
 58-2          (e)  If a child who is discharged from the commission under
 58-3    Subsection (b) as a result of mental retardation is not receiving
 58-4    mental retardation services, the child's discharge is effective on
 58-5    the earlier of:
 58-6                (1)  the date the court enters an order regarding an
 58-7    application for mental retardation services filed under Section
 58-8    61.0772(c); or
 58-9                (2)  the 30th day after the date that the application
58-10    is filed.
58-11          (f)  If a child who is discharged from the commission under
58-12    Subsection (b) as a result of mental retardation is receiving
58-13    mental retardation services, the child's discharge from the
58-14    commission is effective immediately.
58-15          SECTION 33.  Sections 61.0772(b) and (c), Human Resources
58-16    Code, are amended to read as follows:
58-17          (b)  Before [Not later than the 30th day before the date] a
58-18    child who is identified as mentally ill is discharged from the
58-19    commission's custody under Section 61.077(b), a commission
58-20    psychiatrist shall examine the child. The commission [psychiatrist]
58-21    shall file a sworn application for court-ordered mental health
58-22    services, as provided in Subchapter C, Chapter 574, Health and
58-23    Safety Code, if:
58-24                (1)  the child is not receiving court-ordered mental
58-25    health services; and
58-26                (2)  the psychiatrist who examined the child determines
58-27    that the child is mentally ill and the child meets at least one of
 59-1    the criteria listed in Section 574.034, Health and Safety Code.
 59-2          (c)  Before [Not later than the 30th day before the date] a
 59-3    child who is identified as mentally retarded under Chapter 593,
 59-4    Health and Safety Code, is discharged from the commission's custody
 59-5    under Section 61.077(b), the commission shall refer the child for
 59-6    [a determination of] mental retardation services if the child is
 59-7    not receiving mental retardation services [and an interdisciplinary
 59-8    team recommendation of the child, as provided by Chapter 593,
 59-9    Health and Safety Code, to be performed at a facility approved or
59-10    operated by the Texas Department of Mental Health and Mental
59-11    Retardation or at a community center established in accordance with
59-12    Chapter 534, Health and Safety Code].
59-13          SECTION 34.  Section 61.093(b), Human Resources Code, is
59-14    amended to read as follows:
59-15          (b)  A child who is arrested or taken into custody under
59-16    Subsection (a) [of this section] may be detained in any suitable
59-17    place, including an adult jail facility if the person is 17 years
59-18    of age or older, until the child is returned to the custody of the
59-19    commission or transported to a commission facility.
59-20          SECTION 35.  Section 729.001(c), Transportation Code, is
59-21    amended to read as follows:
59-22          (c)  An offense under this section is punishable by the fine
59-23    or other sanction, other than confinement or imprisonment,
59-24    authorized by statute for violation of the traffic law listed under
59-25    Subsection (a) that is the basis of the prosecution under this
59-26    section  [a Class C misdemeanor].
59-27          SECTION 36.  Section 729.002(b), Transportation Code, is
 60-1    amended to read as follows:
 60-2          (b)  An offense under this section is punishable in the same
 60-3    manner as if the person was 17 years of age or older and operated a
 60-4    motor vehicle without a license as described by Subsection (a),
 60-5    except that an offense under this section is not punishable by
 60-6    confinement or imprisonment [a Class C misdemeanor].
 60-7          SECTION 37.  Sections 141.0475 and 141.0476, Human Resources
 60-8    Code, are repealed.
 60-9          SECTION 38.  (a)  Except as provided otherwise by this
60-10    section, the change in law made by this Act applies only to conduct
60-11    that occurs on or after the effective date of this Act.  Conduct
60-12    violating a penal law of the state occurs on or after the effective
60-13    date of this Act if every element of the violation occurs on or
60-14    after that date.  Conduct that occurs before the effective date of
60-15    this Act is covered by the law in effect at the time the conduct
60-16    occurred, and the former law is continued in effect for that
60-17    purpose.
60-18          (b)  The change in law made by Sections 16, 18, and 19 of
60-19    this Act applies to the dissemination or inspection of information
60-20    on or after the effective date of this Act without regard to
60-21    whether the information was compiled before, on, or after that
60-22    date.
60-23          (c)  The change in law made by Section 26 of this Act applies
60-24    only to a report received by a local law enforcement agency or the
60-25    Texas Juvenile Probation Commission on or after the effective date
60-26    of this Act.
60-27          (d)  The change in law made by Section 8 of this Act applies
 61-1    to discretionary transfer proceedings in which the discretionary
 61-2    transfer petition or motion was filed on after the effective date
 61-3    of this Act.
 61-4          SECTION 39.  The change in law made by Section 25.0011,
 61-5    Education Code, as added by this Act, applies beginning with the
 61-6    1999-2000 school year.
 61-7          SECTION 40.  This Act takes effect September 1, 1999.
 61-8          SECTION 41.  The importance of this legislation and the
 61-9    crowded condition of the calendars in both houses create an
61-10    emergency and an imperative public necessity that the
61-11    constitutional rule requiring bills to be read on three several
61-12    days in each house be suspended, and this rule is hereby suspended.