1-1                                   AN ACT
 1-2     relating to the detention, adjudication, and disposition of certain
 1-3     persons within the juvenile justice system and the funding of
 1-4     certain facilities of the system.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 51.095, Family Code, is amended by adding
 1-7     Subsection (d) to read as follows:
 1-8           (d)  A juvenile law referee or master may perform the duties
 1-9     imposed on a magistrate under this section without the approval of
1-10     the juvenile court if the juvenile board of the county in which the
1-11     statement of the child is made has authorized a referee or master
1-12     to perform the duties of a magistrate under this section.
1-13           SECTION 2.  Section 51.12(h), Family Code, is amended to read
1-14     as follows:
1-15           (h)  This section does not apply to a person:
1-16                 (1)  after transfer to criminal court for prosecution
1-17     under Section 54.02; or
1-18                 (2)  who is at least 17 [18] years of age and who has
1-19     been taken into custody after having:
1-20                       (A)  escaped from a juvenile facility operated by
1-21     or under contract with the Texas Youth Commission; or
1-22                       (B)  violated a condition [of probation or] of
1-23     release under supervision of the Texas Youth Commission.
1-24           SECTION 3.  Section 51.17(c), Family Code, is amended to read
 2-1     as follows:
 2-2           (c)  Except as otherwise provided by this title, the Texas
 2-3     Rules of [Criminal] Evidence applicable to criminal cases and
 2-4     Chapter 38, Code of Criminal Procedure, apply in a judicial
 2-5     proceeding under this title.
 2-6           SECTION 4.  Chapter 51, Family Code, is amended by adding
 2-7     Section 51.20 to read as follows:
 2-8           Sec. 51.20.  PHYSICAL OR MENTAL EXAMINATION.  (a)   At any
 2-9     stage of the proceedings under this title, the juvenile court may
2-10     order a child who is referred to the juvenile court or who is
2-11     alleged by a petition or found to have engaged in delinquent
2-12     conduct or conduct indicating a need for supervision to be examined
2-13     by an appropriate expert, including a physician, psychiatrist, or
2-14     psychologist.
2-15           (b)  If, after conducting an examination of a child ordered
2-16     under Subsection (a) and reviewing any other relevant information,
2-17     there is reason to believe that the child has a mental illness or
2-18     mental retardation, the probation department shall refer the child
2-19     to the local mental health or mental retardation authority for
2-20     evaluation and services, unless the prosecuting attorney has filed
2-21     a petition under Section 53.04.
2-22           SECTION 5.  Section 52.02(c), Family Code, is amended to read
2-23     as follows:
2-24           (c)  A person who takes a child into custody and who has
2-25     reasonable grounds to believe that the child has been operating a
2-26     motor vehicle in a public place while having any detectable amount
2-27     of alcohol in the child's system may, before complying with
 3-1     Subsection (a):
 3-2                 (1)  take the child to a place to obtain a specimen of
 3-3     the child's breath or blood as provided by Chapter 724,
 3-4     Transportation Code; and
 3-5                 (2)  perform intoxilyzer processing and videotaping of
 3-6     the child in an adult processing office of a law enforcement agency
 3-7     [police department].
 3-8           SECTION 6.  Chapter 53, Family Code, is amended by adding
 3-9     Section 53.035 to read as follows:
3-10           Sec. 53.035.  GRAND JURY REFERRAL.  (a)  The prosecuting
3-11     attorney may, before filing a petition under Section 53.04, refer
3-12     an offense to a grand jury in the county in which the offense is
3-13     alleged to have been committed.
3-14           (b)  The grand jury has the same jurisdiction and powers to
3-15     investigate the facts and circumstances concerning an offense
3-16     referred to the grand jury under this section as it has to
3-17     investigate other criminal activity.
3-18           (c)  If the grand jury votes to take no action on an offense
3-19     referred to the grand jury under this section, the prosecuting
3-20     attorney may not file a petition under Section 53.04 concerning the
3-21     offense unless the same or a successor grand jury approves the
3-22     filing of the petition.
3-23           (d)  If the grand jury votes for approval of the prosecution
3-24     of an offense referred to the grand jury under this section, the
3-25     prosecuting attorney may file a petition under Section 53.04.
3-26           (e)  The approval of the prosecution of an offense by a grand
3-27     jury under this section does not constitute approval of a petition
 4-1     by a grand jury for purposes of Section 53.045.
 4-2           SECTION 7.  Section 54.01, Family Code, is amended by adding
 4-3     Subsection (p) to read as follows:
 4-4           (p)  If a child has not been released under Section 53.02 or
 4-5     this section and a petition has not been filed under Section 53.04
 4-6     concerning the child, the court shall order the child released from
 4-7     detention not later than:
 4-8                 (1)  the 30th working day after the date the initial
 4-9     detention hearing is held, if the child is alleged to have engaged
4-10     in conduct constituting a capital felony, an aggravated controlled
4-11     substance felony, or a felony of the first degree; or
4-12                 (2)  the 15th working day after the date the initial
4-13     detention hearing is held, if the child is alleged to have engaged
4-14     in conduct constituting an offense other than an offense listed in
4-15     Subdivision (1).
4-16           SECTION 8.  Section 54.02, Family Code, is amended by
4-17     amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-18     read as follows:
4-19           (h)  If the juvenile court waives jurisdiction, it shall
4-20     state specifically in the order its reasons for waiver and certify
4-21     its action, including the written order and findings of the court,
4-22     and shall transfer the person to the appropriate court for criminal
4-23     proceedings and cause the results of the diagnostic study of the
4-24     person ordered under Subsection (d), including psychological
4-25     information, to be transferred to  the appropriate criminal
4-26     prosecutor.  On transfer of the person for criminal proceedings,
4-27     the person shall be dealt with as an adult and in accordance with
 5-1     the Code of Criminal Procedure.  The transfer of custody is an
 5-2     arrest.
 5-3           (j)  The juvenile court may waive its exclusive original
 5-4     jurisdiction and transfer a person to the appropriate district
 5-5     court or criminal district court for criminal proceedings if:
 5-6                 (1)  the person is 18 years of age or older;
 5-7                 (2)  the person was:
 5-8                       (A)  10 years of age or older and under 17 years
 5-9     of age at the time the person is alleged to have committed a
5-10     capital felony or an offense under Section 19.02, Penal Code;
5-11                       (B)  14 years of age or older and under 17 years
5-12     of age at the time the person [he] is alleged to have committed [a
5-13     capital felony,] an aggravated controlled substance felony[,] or a
5-14     felony of the first degree other than an offense under Section
5-15     19.02, Penal Code; or
5-16                       (C) [(B)]  15 years of age or older and under 17
5-17     years of age at the time the person is alleged to have committed a
5-18     felony of the second or third degree or a state jail felony;
5-19                 (3)  no adjudication concerning the alleged offense has
5-20     been made or no adjudication hearing concerning the offense has
5-21     been conducted;
5-22                 (4)  the juvenile court finds from a preponderance of
5-23     the evidence that:
5-24                       (A)  for a reason beyond the control of the state
5-25     it was not practicable to proceed in juvenile court before the 18th
5-26     birthday of the person; or
5-27                       (B)  after due diligence of the state it was not
 6-1     practicable to proceed in juvenile court before the 18th birthday
 6-2     of the person because:
 6-3                             (i)  the state did not have probable cause
 6-4     to proceed in juvenile court and new evidence has been found since
 6-5     the 18th birthday of the person;
 6-6                             (ii)  the person could not be found; or
 6-7                             (iii)  a previous transfer order was
 6-8     reversed by an appellate court or set aside by a district court;
 6-9     and
6-10                 (5)  the juvenile court determines that there is
6-11     probable cause to believe that the child before the court committed
6-12     the offense alleged.
6-13           (o)  If a respondent is taken into custody for possible
6-14     discretionary transfer proceedings under Subsection (j), the
6-15     juvenile court shall hold a detention hearing in the same manner as
6-16     provided by Section 54.01, except that the court shall order the
6-17     respondent released unless it finds that the respondent:
6-18                 (1)  is likely to abscond or be removed from the
6-19     jurisdiction of the court;
6-20                 (2)  may be dangerous to himself or herself or may
6-21     threaten the safety of the public if released; or
6-22                 (3)  has previously been found to be a delinquent child
6-23     or has previously been convicted of a penal offense punishable by a
6-24     term of jail or prison and is likely to commit an offense if
6-25     released.
6-26           (p)  If the juvenile court does not order a respondent
6-27     released under Subsection (o), the court shall, pending the
 7-1     conclusion of the discretionary transfer hearing, order that the
 7-2     respondent be detained in:
 7-3                 (1)  a certified juvenile detention facility as
 7-4     provided by Subsection (q); or
 7-5                 (2)  an appropriate county facility for the detention
 7-6     of adults accused of criminal offenses.
 7-7           (q)  The detention of a respondent in a certified juvenile
 7-8     detention facility must comply with the detention requirements
 7-9     under this title, except that, to the extent practicable, the
7-10     person shall be kept separate from children detained in the same
7-11     facility.
7-12           (r)  If the juvenile court orders a respondent detained in a
7-13     county facility under Subsection (p), the county sheriff shall take
7-14     custody of the respondent under the juvenile court's order.  The
7-15     juvenile court shall set or deny bond for the respondent as
7-16     required by the Code of Criminal Procedure and other law applicable
7-17     to the pretrial detention of adults accused of criminal offenses.
7-18           SECTION 9.  Sections 54.03(d) and (f), Family Code, are
7-19     amended to read as follows:
7-20           (d)  Except as provided by Section 54.031 [of this chapter],
7-21     only material, relevant, and competent evidence in accordance with
7-22     the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-23     and Chapter 38, Code of Criminal Procedure, may be considered in
7-24     the adjudication hearing.  Except in a detention or discretionary
7-25     transfer hearing, a social history report or social service file
7-26     shall not be viewed by the court before the adjudication decision
7-27     and shall not be viewed by the jury at any time.
 8-1           (f)  At the conclusion of the adjudication hearing, the court
 8-2     or jury shall find whether or not the child has engaged in
 8-3     delinquent conduct or conduct indicating a need for supervision.
 8-4     The finding must be based on competent evidence admitted at the
 8-5     hearing.  The child shall be presumed to be innocent of the charges
 8-6     against the child [him] and no finding that a child has engaged in
 8-7     delinquent conduct or conduct indicating a need for supervision may
 8-8     be returned unless the state has proved such beyond a reasonable
 8-9     doubt.  In all jury cases the jury will be instructed that the
8-10     burden is on the state to prove that a child has engaged in
8-11     delinquent conduct or is in need of supervision beyond a reasonable
8-12     doubt.  A child may be adjudicated as having engaged in conduct
8-13     constituting a lesser included offense as provided by Articles
8-14     37.08 and 37.09, Code of Criminal Procedure.
8-15           SECTION 10.  Section 54.04, Family Code, is amended by
8-16     amending Subsection (l) and adding Subsection (q) to read as
8-17     follows:
8-18           (l)  Except as provided by Subsection (q), a [A] court or
8-19     jury may place a child on probation under Subsection (d)(1) [of
8-20     this section] for any period, except that probation may not
8-21     continue on or after the child's 18th birthday.  Except as provided
8-22     by Subsection (q), the [The] court may, before the period of
8-23     probation ends, extend the probation for any period, except that
8-24     the probation may not extend to or after the child's 18th birthday.
8-25           (q)  If a court or jury sentences a child to commitment in
8-26     the Texas Youth Commission under Subsection (d)(3) for a term of
8-27     not more than 10 years, the court or jury may place the child on
 9-1     probation under Subsection (d)(1) as an alternative to making the
 9-2     disposition under Subsection (d)(3).  The court shall prescribe the
 9-3     period of probation ordered under this subsection for a term of not
 9-4     more than 10 years.  The court may, before the sentence of
 9-5     probation expires, extend the probationary period under Section
 9-6     54.05, except that the sentence of probation and any extension may
 9-7     not exceed 10 years.  The court may, before the child's 18th
 9-8     birthday, discharge the child from the sentence of probation.  If a
 9-9     sentence of probation ordered under this subsection and any
9-10     extension of probation ordered under Section 54.05 will continue
9-11     after the child's 18th birthday, the court shall discharge the
9-12     child from the sentence of probation on the child's 18th birthday
9-13     unless the court transfers the child to an appropriate district
9-14     court under Section 54.051.
9-15           SECTION 11.  Section 54.05, Family Code, is amended by
9-16     amending Subsections (f)-(h) and adding Subsection (j) to read as
9-17     follows:
9-18           (f)  Except as provided by Subsection (j), a [A] disposition
9-19     based on a finding that the child engaged in delinquent conduct may
9-20     be modified so as to commit the child to the Texas Youth Commission
9-21     if the court after a hearing to modify disposition finds by a
9-22     preponderance of the evidence that the child violated a reasonable
9-23     and lawful order of the court.  A disposition based on a finding
9-24     that the child engaged in habitual felony conduct as described by
9-25     Section 51.031 [of this code] or in delinquent conduct that
9-26     included a violation of a penal law listed in Section 53.045(a) [of
9-27     this code] may be modified to commit the child to the Texas Youth
 10-1    Commission with a possible transfer to the institutional division
 10-2    or the pardons and paroles division of the Texas Department of
 10-3    Criminal Justice for a definite term prescribed by Section
 10-4    54.04(d)(3) [of this code] if the original petition was approved by
 10-5    the grand jury under Section 53.045 [of this code] and if after a
 10-6    hearing to modify the disposition the court [or jury] finds that
 10-7    the child violated a reasonable and lawful order of the court.
 10-8          (g)  Except as provided by Subsection (j), a [A] disposition
 10-9    based solely on a finding that the child engaged in conduct
10-10    indicating a need for supervision may not be modified to commit the
10-11    child to the Texas Youth Commission.  A new finding in compliance
10-12    with Section 54.03 [of this code] must be made that the child
10-13    engaged in delinquent conduct as defined in Section 51.03(a) [of
10-14    this code].
10-15          (h)  A hearing shall be held prior to commitment to the Texas
10-16    Youth Commission as a modified disposition.  In other disposition
10-17    modifications, the child and the child's [his] parent, guardian,
10-18    guardian ad litem, or attorney may waive hearing in accordance with
10-19    Section 51.09 [of this code.  A child in jeopardy of a sentence for
10-20    a determinate term is entitled to a jury of 12 persons on the
10-21    issues of the violation of the court's orders and the sentence].
10-22          (j)  If, after conducting a hearing to modify disposition
10-23    without a jury, the court finds by a preponderance of the evidence
10-24    that a child violated a reasonable and lawful condition of
10-25    probation ordered under Section 54.04(q), the court may modify the
10-26    disposition to commit the child to the Texas Youth Commission under
10-27    Section 54.04(d)(3) for a term that does not exceed the original
 11-1    sentence assessed by the court or jury.
 11-2          SECTION 12.  Chapter 54, Family Code, is amended by adding
 11-3    Section 54.051 to read as follows:
 11-4          Sec. 54.051.  TRANSFER OF DETERMINATE SENTENCE PROBATION TO
 11-5    APPROPRIATE DISTRICT COURT.  (a)  On motion of the state concerning
 11-6    a child who is placed on probation under Section 54.04(q) for a
 11-7    period, including any extension ordered under Section 54.05, that
 11-8    will continue after the child's 18th birthday, the juvenile court
 11-9    shall hold a hearing to determine whether to transfer the child to
11-10    an appropriate district court or discharge the child from the
11-11    sentence of probation.
11-12          (b)  The hearing must be conducted before the child's 18th
11-13    birthday and in the same manner as a hearing to modify disposition
11-14    under Section 54.05.
11-15          (c)  If, after a hearing, the court determines to discharge
11-16    the child, the court shall specify a date on or before the child's
11-17    18th birthday to discharge the child from the sentence of
11-18    probation.
11-19          (d)  If, after a hearing, the court determines to transfer
11-20    the child, the court shall transfer the child to an appropriate
11-21    district court on the child's 18th birthday.
11-22          (e)  A district court that exercises jurisdiction over a
11-23    child transferred under Subsection (d) shall place the child on
11-24    community supervision under Article 42.12, Code of Criminal
11-25    Procedure, for the remainder of the child's probationary period and
11-26    under conditions consistent with those ordered by the juvenile
11-27    court.  If a child who is placed on community supervision under
 12-1    this subsection violates a condition of that supervision or if the
 12-2    child violated a condition of probation ordered under Section
 12-3    54.04(q) and that probation violation was not discovered by the
 12-4    state before the child's 18th birthday, the district court shall
 12-5    dispose of the violation of community supervision or probation, as
 12-6    appropriate, in the same manner as if the court had originally
 12-7    exercised jurisdiction over the case.  The time that a child serves
 12-8    on probation ordered under Section 54.04(q) is the same as time
 12-9    served on community supervision ordered under this subsection for
12-10    purposes of determining the child's eligibility for early discharge
12-11    from community supervision under Section 20, Article 42.12, Code of
12-12    Criminal Procedure.
12-13          (f)  The juvenile court may transfer a child to an
12-14    appropriate district court as provided by this section without a
12-15    showing that the child violated a condition of probation ordered
12-16    under Section 54.04(q).
12-17          SECTION 13.  Section 54.10(a), Family Code, is amended to
12-18    read as follows:
12-19          (a)  Except as provided by Subsection (c) [of this section],
12-20    a [the] hearing under Section [provided in Sections 54.01,] 54.03,
12-21    54.04, or [and] 54.05, including a jury trial, a hearing under
12-22    Chapter 55, including a jury trial, or a [of this code and the]
12-23    hearing under [provided in] Article IV, Article V, and Article VI
12-24    of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
12-25    this code]) may be held by a referee appointed in accordance with
12-26    Section 51.04(g) or a master appointed under Chapter 54, Government
12-27    Code, [of this code]  provided:
 13-1                (1)  the parties have been informed by the referee or
 13-2    master that they are entitled to have the hearing before the
 13-3    juvenile court judge [or in the case of a detention hearing
 13-4    provided for in Section 54.01 of this code, a substitute judge as
 13-5    authorized by Section 51.04(f) of this code]; and [or]
 13-6                (2)  after each party is given an opportunity to
 13-7    object, no party objects to holding the hearing before the referee
 13-8    or master [the child and the attorney for the child have in
 13-9    accordance with the requirements of Section 51.09 of this code
13-10    waived the right to have the hearing before the juvenile court
13-11    judge or substitute judge].
13-12          SECTION 14.  Chapter 55, Family Code, is amended to read as
13-13    follows:
13-14                CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
13-15                 WITH MENTAL ILLNESS OR MENTAL RETARDATION
13-16                     SUBCHAPTER A.  GENERAL PROVISIONS
13-17          Sec. 55.01.  MEANING OF "HAVING A MENTAL ILLNESS."  For
13-18    purposes of this chapter, a child who is described as having a
13-19    mental illness means a child who suffers from mental illness as
13-20    defined by Section 571.003, Health and Safety Code [PHYSICAL OR
13-21    MENTAL EXAMINATION.  (a)  At any stage of the proceedings under
13-22    this title, the juvenile court may order a child alleged by
13-23    petition or found to have engaged in delinquent conduct or conduct
13-24    indicating a need for supervision to be examined by appropriate
13-25    experts, including a physician, psychiatrist, or psychologist.]
13-26          [(b)  If an examination ordered under Subsection (a) of this
13-27    section is to determine whether the child is mentally retarded, the
 14-1    examination must consist of a determination of mental retardation
 14-2    and an interdisciplinary team recommendation, as provided by
 14-3    Chapter 593, Health and Safety Code, and shall be conducted at a
 14-4    facility approved or operated by the Texas Department of Mental
 14-5    Health and Mental Retardation or at a community center established
 14-6    in accordance with Chapter 534, Health and Safety Code].
 14-7          Sec. 55.02.  MENTAL HEALTH AND MENTAL RETARDATION
 14-8    JURISDICTION.  For the purpose of initiating proceedings to order
 14-9    mental health or mental retardation services for a child or for
14-10    commitment of a child as provided by this chapter, the juvenile
14-11    court has jurisdiction of proceedings under Subtitle C or D, Title
14-12    7, Health and Safety Code.
14-13          Sec. 55.03.  STANDARDS OF CARE.  (a)  Except as provided by
14-14    this chapter, a child for whom inpatient mental health services is
14-15    ordered by a court under this chapter shall be cared for as
14-16    provided by Subtitle C, Title 7, Health and Safety Code.
14-17          (b)  Except as provided by this chapter, a child who is
14-18    committed by a court to a residential care facility for mental
14-19    retardation shall be cared for as provided by Subtitle D, Title 7,
14-20    Health and Safety Code.
14-21               (Sections 55.04-55.10 reserved for expansion)
14-22                 SUBCHAPTER B.  CHILD WITH MENTAL ILLNESS
14-23          Sec. 55.11.  MENTAL ILLNESS DETERMINATION; EXAMINATION.  (a)
14-24    On a motion by a party, the juvenile court shall determine whether
14-25    probable cause exists to believe that a child who is alleged by
14-26    petition or found to have engaged in delinquent conduct or conduct
14-27    indicating a need for supervision has a mental illness.  In making
 15-1    its determination, the court may:
 15-2                (1)  consider the motion, supporting documents,
 15-3    professional statements of counsel, and witness testimony; and
 15-4                (2)  make its own observation of the child.
 15-5          (b)  If the court determines that probable cause exists to
 15-6    believe that the child has a mental illness, the court shall
 15-7    temporarily stay the juvenile court proceedings and immediately
 15-8    order the child to be examined under Section 51.20.  The
 15-9    information obtained from the examination must include expert
15-10    opinion as to whether the child has a mental illness and whether
15-11    the child meets the commitment criteria under Subtitle C, Title 7,
15-12    Health and Safety Code.  If ordered by the court, the information
15-13    must also include expert opinion as to whether the child is unfit
15-14    to proceed with the juvenile court proceedings.
15-15          (c)  After considering all relevant information, including
15-16    information obtained from an examination under Section 51.20, the
15-17    court shall:
15-18                (1)  if the court determines that evidence exists to
15-19    support a finding that the child has a mental illness and that the
15-20    child meets the commitment criteria under Subtitle C, Title 7,
15-21    Health and Safety Code, proceed under Section 55.12; or
15-22                (2)  if the court determines that evidence does not
15-23    exist to support a finding that the child has a mental illness or
15-24    that the child meets the commitment criteria under Subtitle C,
15-25    Title 7, Health and Safety Code, dissolve the stay and continue the
15-26    juvenile court proceedings.
15-27          Sec. 55.12 [55.02].  INITIATION OF COMMITMENT PROCEEDINGS
 16-1    [CHILD WITH MENTAL ILLNESS].  If, after considering all relevant
 16-2    information, the juvenile court determines that evidence exists to
 16-3    support a finding that a child has a mental illness and that the
 16-4    child meets the commitment criteria under Subtitle C, Title 7,
 16-5    Health and Safety Code, the [(a) The] court shall:
 16-6                (1)  initiate proceedings as provided by Section 55.13
 16-7    to order temporary or extended mental health services, as provided
 16-8    in Subchapter C, Chapter 574, Health and Safety Code[, for a child
 16-9    alleged or found to have engaged in delinquent conduct or conduct
16-10    indicating a need for supervision, if:]
16-11                [(1)  on motion by a party or the court it is alleged
16-12    that the child is mentally ill]; or
16-13                (2)  refer the child's case as provided by Section
16-14    55.14 to the appropriate court for the initiation of proceedings in
16-15    that court for commitment of the child under Subchapter C, Chapter
16-16    574, Health and Safety Code.
16-17          Sec. 55.13.  COMMITMENT PROCEEDINGS IN JUVENILE COURT.  (a)
16-18    If the juvenile court initiates proceedings for temporary or
16-19    extended mental health services under Section 55.12(1), the
16-20    prosecuting attorney or the attorney for the child may file with
16-21    the juvenile court an application for court-ordered mental health
16-22    services under Section 574.001, Health and Safety Code.  The
16-23    juvenile court shall:
16-24                (1)  set a date for a hearing and provide notice as
16-25    required by Sections 574.005 and 574.006, Health and Safety Code;
16-26    and
16-27                (2)  conduct the hearing in accordance with Subchapter
 17-1    C, Chapter 574, Health and Safety Code.
 17-2          (b)  The burden of proof at the hearing is on the party who
 17-3    filed the application.
 17-4          (c)  The juvenile court shall appoint the number of
 17-5    physicians necessary to examine the child and to complete the
 17-6    certificates of medical examination for mental illness required
 17-7    under Section 574.009, Health and Safety Code.
 17-8          (d)  After conducting a hearing on an application under this
 17-9    section, the juvenile court shall:
17-10                (1)  if the criteria under Section 574.034, Health and
17-11    Safety Code, are satisfied, order temporary mental health services
17-12    for the child; or
17-13                (2)  if the criteria under Section 574.035, Health and
17-14    Safety Code, are satisfied, order extended mental health services
17-15    for the child.
17-16          Sec. 55.14.  REFERRAL FOR COMMITMENT PROCEEDINGS.  (a)  If
17-17    the juvenile court refers the child's case to the appropriate court
17-18    for the initiation of commitment proceedings under Section
17-19    55.12(2), the juvenile court shall:
17-20                (1)  send all papers relating to the child's mental
17-21    illness to the clerk of the court to which the case is referred;
17-22                (2)  send to the office of the appropriate county
17-23    attorney or, if a county attorney is not available, to the office
17-24    of the appropriate district attorney, copies of all papers sent to
17-25    the clerk of the court under Subdivision (1); and
17-26                (3)  if the child is in detention:
17-27                      (A)  order the child released from detention to
 18-1    the child's home or another appropriate place;
 18-2                      (B)  order the child detained in an appropriate
 18-3    place other than a juvenile detention facility; or
 18-4                      (C)  if an appropriate place to release or detain
 18-5    the child as described by Paragraph (A) or (B) is not available,
 18-6    order the child to remain in the juvenile detention facility
 18-7    subject to further detention orders of the court.
 18-8          (b)  The papers sent to the clerk of a court under Subsection
 18-9    (a)(1) constitute an application for mental health services under
18-10    Section 574.001, Health and Safety Code.
18-11          Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
18-12    MENTAL HEALTH SERVICES.  [a child is found or alleged to be unfit
18-13    to proceed as a result of mental illness under Section 55.04 of
18-14    this chapter or is found not responsible for the child's conduct as
18-15    a result of mental illness under Section 55.05 of this chapter.]
18-16          [(b)  Subtitle C, Title 7, Health and Safety Code, governs
18-17    proceedings for court-ordered mental health services except that
18-18    the juvenile court shall conduct the proceedings whether or not the
18-19    juvenile court is also a county court.]
18-20          [(c)]  If the juvenile court or a court to which the child's
18-21    case is referred under Section 55.12(2) orders mental health
18-22    services for the child, the child shall be cared for, treated, and
18-23    released in conformity to Subtitle C, Title 7, Health and Safety
18-24    Code, except:
18-25                (1)  a [juvenile] court order for mental health
18-26    services for [of] a child automatically expires on the 120th day
18-27    after the date the child becomes 18 years of age; and
 19-1                (2)  the administrator of a mental health facility
 19-2    shall notify, in writing, by certified mail, return receipt
 19-3    requested, the juvenile court that ordered mental health services
 19-4    or the juvenile court that referred the case to a court that
 19-5    ordered the mental health services of the intent to discharge the
 19-6    child at least 10 days prior to discharge.
 19-7          Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
 19-8    PROCEEDINGS.  (a)  If the court to which the child's case is
 19-9    referred under Section 55.12(2) orders temporary or extended
19-10    inpatient mental health services for the child, the court shall
19-11    immediately notify in writing the referring juvenile court of the
19-12    court's order for mental health services.
19-13          (b) [(d)]  If the juvenile court orders temporary or extended
19-14    inpatient mental health services for the child or if the juvenile
19-15    court receives notice under Subsection (a)  from the court to which
19-16    the child's case is referred, the proceedings under this title then
19-17    pending in juvenile court shall be stayed.
19-18          Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
19-19    OF STAY.  (a)  If the court to which a child's case is referred
19-20    under Section 55.12(2) does not order temporary or extended
19-21    inpatient mental health services for the child, the court shall
19-22    immediately notify in writing the referring juvenile court of the
19-23    court's decision.
19-24          (b)  If the juvenile court does not order temporary or
19-25    extended inpatient mental health services for the child or if the
19-26    juvenile court receives notice under Subsection (a) from the court
19-27    to which the child's case is referred, the juvenile court shall
 20-1    dissolve the stay and continue the juvenile court proceedings.
 20-2          Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
 20-3    REACHING 18 YEARS OF AGE.  [(e)] If the child is discharged from
 20-4    the mental health facility before reaching 18 years of age, the
 20-5    juvenile court may:
 20-6                (1)  dismiss the juvenile court proceedings with
 20-7    prejudice; or
 20-8                (2)  continue with proceedings under this title as
 20-9    though no order of mental health services had been made.
20-10          Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
20-11    (a) [(f)] The juvenile court shall transfer all pending proceedings
20-12    from the juvenile court to a criminal court on the 18th birthday of
20-13    a child for whom the juvenile court or a court to which the child's
20-14    case is referred under Section 55.12(2) has ordered inpatient
20-15    mental health services [under this section] if:
20-16                (1)  the child is not discharged or furloughed from the
20-17    inpatient mental health [residential care] facility before reaching
20-18    18 years of age; and
20-19                (2)  the child is alleged to have engaged in delinquent
20-20    conduct that included a violation of a penal law listed in Section
20-21    53.045 and no adjudication concerning the alleged conduct has been
20-22    made.
20-23          (b) [(g)]  The juvenile court shall send notification of the
20-24    transfer of a child under Subsection (a) [(f)] to the inpatient
20-25    mental health [residential care] facility.  The criminal court
20-26    shall, within 90 days of the transfer, institute proceedings under
20-27    Article 46.02, Code of Criminal Procedure.  If those or any
 21-1    subsequent proceedings result in a determination that the defendant
 21-2    is competent to stand trial, the defendant may not receive a
 21-3    punishment for the delinquent conduct described by Subsection
 21-4    (a)(2) [(f)(2)] that results in confinement for a period longer
 21-5    than the maximum period of confinement the defendant could have
 21-6    received if the defendant had been adjudicated for the delinquent
 21-7    conduct while still a child and within the jurisdiction of the
 21-8    juvenile court.
 21-9               (Sections 55.20-55.30 reserved for expansion)
21-10           SUBCHAPTER C.  CHILD UNFIT TO PROCEED AS A RESULT OF
21-11                   MENTAL ILLNESS OR MENTAL RETARDATION
21-12          [Sec. 55.03.  CHILD WITH MENTAL RETARDATION.  (a)  If a child
21-13    is found or alleged to be unfit to proceed as a result of mental
21-14    retardation under Section 55.04 or is found not responsible for the
21-15    child's conduct as a result of mental retardation under Section
21-16    55.05, the court shall order a determination of mental retardation
21-17    and an interdisciplinary team recommendation of the child, as
21-18    provided by Chapter 593, Health and Safety Code, to be performed at
21-19    a facility approved or operated by the Texas Department of Mental
21-20    Health and Mental Retardation or at a community center established
21-21    in accordance with Chapter 534, Health and Safety Code.]
21-22          [(b)  A child alleged or found to have engaged in delinquent
21-23    conduct or conduct indicating a need for supervision may be
21-24    committed to a residential care facility if:]
21-25                [(1)  the child is found unfit to proceed as a result
21-26    of mental retardation under Section 55.04 of this chapter or is
21-27    found not responsible for the child's conduct as a result of mental
 22-1    retardation under Section 55.05 of this chapter; and]
 22-2                [(2)  the child meets the criteria for commitment as
 22-3    provided in Subchapter C, Chapter 593, Health and Safety Code.]
 22-4          [(c)  Subtitle D, Title 7, Health and Safety Code, governs
 22-5    proceedings for commitment of a child under this section except
 22-6    that:]
 22-7                [(1)  the juvenile court shall conduct the proceedings
 22-8    whether or not the juvenile court is also a county court; and]
 22-9                [(2)  on receipt of the court's order entering the
22-10    findings required by Subtitle D, Title 7, Health and Safety Code,
22-11    and Subsection (b)(1) of this section, the Texas Department of
22-12    Mental Health and Mental Retardation or the appropriate community
22-13    center shall admit the child to a residential care facility.]
22-14          [(d)  If the juvenile court enters an order committing the
22-15    child to a residential care facility, the child shall be cared for,
22-16    treated, and released in conformity to Subtitle D, Title 7, Health
22-17    and Safety Code, except that the administrator of the residential
22-18    care facility shall notify, in writing, the juvenile court that
22-19    ordered commitment of the child of the intent to discharge the
22-20    child from the residential care facility or to furlough the child
22-21    to an alternative placement at least 20 days prior to the date of
22-22    the discharge or furlough.]
22-23          [(e)  If the juvenile court orders commitment of a child to a
22-24    residential care facility, the proceedings under this title then
22-25    pending in juvenile court shall be stayed.]
22-26          [(f)  If the child committed to a residential care facility
22-27    is discharged or furloughed from the residential care facility as
 23-1    provided by Subsection (d) of this section and in accordance with
 23-2    Subtitle D, Title 7, Health and Safety Code, before reaching 18
 23-3    years of age, the juvenile court may:]
 23-4                [(1)  dismiss the juvenile court proceedings with
 23-5    prejudice; or]
 23-6                [(2)  continue with proceedings under this title as
 23-7    though no order of commitment had been made.]
 23-8          [(g)  The juvenile court shall transfer all pending
 23-9    proceedings from the juvenile court to a criminal court on the 18th
23-10    birthday of a child committed to a residential care facility if:]
23-11                [(1)  the child is not discharged or furloughed from
23-12    the residential care facility before reaching 18 years of age; and]
23-13                [(2)  the child is alleged to have engaged in
23-14    delinquent conduct that included a violation of a penal law listed
23-15    in Section 53.045.]
23-16          [(h)  The juvenile court shall send notification of the
23-17    transfer of a child under Subsection (g) to the residential care
23-18    facility.  The criminal court shall, within 90 days of the
23-19    transfer, institute proceedings under Article 46.02, Code of
23-20    Criminal Procedure.  If those or any subsequent proceedings result
23-21    in a determination that the defendant is competent to stand trial,
23-22    the defendant may not receive a punishment for the delinquent
23-23    conduct described by Subsection (g)(2) that results in confinement
23-24    for a period longer than the maximum period of confinement the
23-25    defendant could have received if the defendant had been adjudicated
23-26    for the delinquent conduct while still a child and within the
23-27    jurisdiction of the juvenile court.]
 24-1          Sec. 55.31 [55.04].  UNFITNESS TO PROCEED DETERMINATION;
 24-2    EXAMINATION.  (a)  A child alleged by petition or found to have
 24-3    engaged in delinquent conduct or conduct indicating a need for
 24-4    supervision who as a result of mental illness or mental retardation
 24-5    lacks capacity to understand the proceedings in juvenile court or
 24-6    to assist in the child's [his] own defense is unfit to proceed and
 24-7    shall not be subjected to discretionary transfer to criminal court,
 24-8    adjudication, disposition, or modification of disposition as long
 24-9    as such incapacity endures.
24-10          (b)  On a [If on] motion by a party, the juvenile court shall
24-11    determine whether probable cause exists to believe that a child who
24-12    is alleged by petition or who is found to have engaged in
24-13    delinquent conduct or conduct indicating a need for supervision is
24-14    [or the court it is alleged that a child may be] unfit to proceed
24-15    as a result of mental illness or mental retardation[, the court
24-16    shall order appropriate examinations as provided by Section 55.01
24-17    of this chapter].  In making its determination, the court may:
24-18                (1)  consider the motion, supporting documents,
24-19    professional statements of counsel, and witness testimony; and
24-20                (2)  make its own observation of the child.
24-21          (c)  If the court determines that probable cause exists to
24-22    believe that the child is unfit to proceed, the court shall
24-23    temporarily stay the juvenile court proceedings and immediately
24-24    order the child to be examined under Section 51.20.  The
24-25    information obtained from the examination [examinations] must
24-26    include expert opinion as to whether the child is unfit to proceed
24-27    as a result of mental illness or mental retardation.
 25-1          (d)  After considering all relevant information, including
 25-2    information obtained from an examination under Section 51.20, the
 25-3    court shall:
 25-4                (1)  if the court determines that evidence exists to
 25-5    support a finding that the child is unfit to proceed, proceed under
 25-6    Section 55.32; or
 25-7                (2)  if the court determines that evidence does not
 25-8    exist to support a finding that the child is unfit to proceed,
 25-9    dissolve the stay and continue the juvenile court proceedings.
25-10          Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  (a)  If
25-11    the juvenile court determines that evidence exists to support a
25-12    finding that a child is unfit to proceed as a result of mental
25-13    illness or mental retardation, the court shall set the case for a
25-14    hearing on that issue.
25-15          (b) [(c)]  The issue of [court or jury shall determine]
25-16    whether the child is unfit to proceed as a result of mental illness
25-17    or mental retardation shall be determined at a hearing separate
25-18    from any other [the adjudication] hearing.
25-19          (c)  The court shall determine the issue of whether the child
25-20    is unfit to proceed unless the child or the attorney for the child
25-21    demands a jury before the 10th  day before the date of the hearing.
25-22          (d)  Unfitness to proceed as a result of mental illness or
25-23    mental retardation must be proved by a preponderance of the
25-24    evidence.
25-25          (e)  If the court or jury determines that the child is fit to
25-26    proceed, the juvenile court shall continue with proceedings under
25-27    this title as though no question of fitness to proceed had been
 26-1    raised.
 26-2          (f)  If the court or jury determines that the child is unfit
 26-3    to proceed as a result of mental illness or mental retardation, the
 26-4    court shall:
 26-5                (1)  stay the juvenile court proceedings for as long as
 26-6    that incapacity endures; and
 26-7                (2)  proceed under Section 55.33 [initiate proceedings
 26-8    under Section 55.02 or Section 55.03 of this chapter].
 26-9          (g)  [A proceeding to determine fitness to proceed may be
26-10    joined with proceedings under Sections 55.02 and 55.03 of this
26-11    chapter.]
26-12          [(h)]  The fact that the child is unfit to proceed as a
26-13    result of mental illness or mental retardation does not preclude
26-14    any legal objection to the juvenile court proceedings which is
26-15    susceptible of fair determination prior to the adjudication hearing
26-16    and without the personal participation of the child.
26-17          Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
26-18    PROCEED.  (a)  If the juvenile court or jury determines under
26-19    Section 55.32 that a child is unfit to proceed with the juvenile
26-20    court proceedings for delinquent conduct, the court shall:
26-21                (1)  if the unfitness to proceed is a result of mental
26-22    illness or mental retardation:
26-23                      (A)  provided that the child meets the commitment
26-24    criteria under Subtitle C or D, Title 7, Health and Safety Code,
26-25    order the child placed with the Texas Department of Mental Health
26-26    and Mental Retardation for a period of not more than 90 days, which
26-27    order may not specify a shorter period, for placement in a facility
 27-1    designated by the department; or
 27-2                      (B)  on application by the child's parent,
 27-3    guardian, or guardian ad litem, order the child placed in a private
 27-4    psychiatric inpatient facility for a period of not more than 90
 27-5    days, which order may not specify a shorter period, but only if the
 27-6    placement is agreed to in writing by the administrator of the
 27-7    facility; or
 27-8                (2)  if the unfitness to proceed is a result of mental
 27-9    illness and the court determines that the child may be adequately
27-10    treated in an alternative setting, order the child to receive
27-11    treatment for mental illness on an outpatient basis for a period of
27-12    not more than 90 days, which order may not specify a shorter
27-13    period.
27-14          (b)  If the court orders a child placed in a private
27-15    psychiatric inpatient facility under Subsection (a)(1)(B), the
27-16    state or a political subdivision of the state may be ordered to pay
27-17    any costs associated with the child's placement, subject to an
27-18    express appropriation of funds for the purpose.
27-19          Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
27-20    the court issues a placement order under Section 55.33(a)(1), the
27-21    court shall order the probation department or sheriff's department
27-22    to transport the child to the designated facility.
27-23          (b)  On receipt of a report from a facility to which a child
27-24    has been transported under Subsection (a), the court shall order
27-25    the probation department or sheriff's department to transport the
27-26    child from the facility to the court.  If the child is not
27-27    transported to the court before the 11th day after the date of the
 28-1    court's order, an authorized representative of the facility shall
 28-2    transport the child from the facility to the court.
 28-3          (c)  The county in which the juvenile court is located shall
 28-4    reimburse the facility for the costs incurred in transporting the
 28-5    child to the juvenile court as required by Subsection (b).
 28-6          Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
 28-7    REPORT TO COURT.  (a)  If the juvenile court issues a placement
 28-8    order under Section 55.33(a), the court shall order the probation
 28-9    department to send copies of any information in the possession of
28-10    the  department and relevant to the issue of the child's mental
28-11    illness or mental retardation to the public or private facility or
28-12    outpatient center, as appropriate.
28-13          (b)  Not later than the 75th day after the date the court
28-14    issues a placement order under Section 55.33(a), the public or
28-15    private facility or outpatient center, as appropriate, shall submit
28-16    to the court a report that:
28-17                (1)  describes the treatment of the child provided by
28-18    the facility or center; and
28-19                (2)  states the opinion of the director of the facility
28-20    or center as to whether the child is fit or unfit to proceed.
28-21          (c)  The court shall provide a copy of the report submitted
28-22    under Subsection (b) to the prosecuting attorney and the attorney
28-23    for the child.
28-24          Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
28-25    OBJECTION.  (a)  If a report submitted under Section 55.35(b)
28-26    states that a child is fit to proceed, the juvenile court shall
28-27    find that the child is fit to proceed unless the child's attorney
 29-1    objects in writing or in open court not later than the second day
 29-2    after the date the attorney receives a copy of the report under
 29-3    Section 55.35(c).
 29-4          (b)  On objection by the child's attorney under Subsection
 29-5    (a), the juvenile court shall promptly hold a hearing to determine
 29-6    whether the child is fit to proceed, except that the hearing may be
 29-7    held after the date that the placement order issued under Section
 29-8    55.33(a) expires.  At the hearing, the court shall determine the
 29-9    issue of the fitness of the child to proceed unless the child or
29-10    the child's attorney demands in writing a jury before the 10th day
29-11    before the date of the hearing.
29-12          (c)  If, after a hearing, the court or jury finds that the
29-13    child is fit to proceed, the court shall dissolve the stay and
29-14    continue the juvenile court proceedings as though a question of
29-15    fitness to proceed had not been raised.
29-16          (d)  If, after a hearing, the court or jury finds that the
29-17    child is unfit to proceed, the court shall proceed under Section
29-18    55.37.
29-19          Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
29-20    RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS.  If
29-21    a report submitted under Section 55.35(b) states that a  child is
29-22    unfit to proceed as a result of mental illness and that the child
29-23    meets the commitment criteria for civil commitment under Subtitle
29-24    C, Title 7, Health and Safety Code, the director of the public or
29-25    private facility or outpatient center, as appropriate, shall submit
29-26    to the court two certificates of medical examination for mental
29-27    illness.  On receipt of the certificates, the court shall:
 30-1                (1)  initiate proceedings as provided by Section 55.38
 30-2    in the juvenile court for commitment of the child under Subtitle C,
 30-3    Title 7, Health and Safety Code; or
 30-4                (2)  refer the child's case as provided by Section
 30-5    55.39 to the appropriate court for the initiation of proceedings in
 30-6    that court for commitment of the child under Subtitle C, Title 7,
 30-7    Health and Safety Code.
 30-8          Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 30-9    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
30-10    proceedings  under Section 55.37(1), the prosecuting attorney may
30-11    file with the juvenile court an application for court-ordered
30-12    mental health services under Section 574.001, Health and Safety
30-13    Code.  The juvenile court shall:
30-14                (1)  set a date for a hearing and provide notice as
30-15    required by Sections 574.005 and 574.006, Health and Safety Code;
30-16    and
30-17                (2)  conduct the hearing in accordance with Subchapter
30-18    C, Chapter 574, Health and Safety Code.
30-19          (b)  After conducting a hearing under Subsection (a)(2), the
30-20    juvenile court shall:
30-21                (1)  if the criteria under Section 574.034, Health and
30-22    Safety Code, are satisfied, order temporary mental health services;
30-23    or
30-24                (2)  if the criteria under Section 574.035, Health and
30-25    Safety Code, are satisfied, order extended mental health services.
30-26          Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
30-27    ILLNESS.  (a)  If the juvenile court refers the child's case to an
 31-1    appropriate court for the initiation of commitment proceedings
 31-2    under Section 55.37(2), the juvenile court shall:
 31-3                (1)  send all papers relating to the child's unfitness
 31-4    to proceed, including the verdict and judgment of the juvenile
 31-5    court finding the child unfit to proceed, to the clerk of the court
 31-6    to which the case is referred;
 31-7                (2)  send to the office of the appropriate county
 31-8    attorney or, if a county attorney is not available, to the office
 31-9    of the appropriate district attorney, copies of all papers sent to
31-10    the clerk of the court under Subdivision (1); and
31-11                (3)  if the child is in detention:
31-12                      (A)  order the child released from detention to
31-13    the child's home or another appropriate place;
31-14                      (B)  order the child detained in an appropriate
31-15    place other than a juvenile detention facility; or
31-16                      (C)  if an appropriate place to release or detain
31-17    the child as described by Paragraph (A) or (B) is not available,
31-18    order the child to remain in the juvenile detention facility
31-19    subject to further detention orders of the court.
31-20          (b)  The papers sent to a court under Subsection (a)(1)
31-21    constitute an application for mental health services under Section
31-22    574.001, Health and Safety Code.
31-23          Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
31-24    RESULT OF MENTAL RETARDATION.  If a report submitted under Section
31-25    55.35(b) states that a  child is unfit to proceed as a result of
31-26    mental retardation and that the child meets the commitment criteria
31-27    for civil commitment under Subtitle D, Title 7, Health and Safety
 32-1    Code, the director of the residential care facility shall submit to
 32-2    the court an affidavit stating the conclusions reached as a result
 32-3    of the diagnosis.  On receipt of the affidavit, the court shall:
 32-4                (1)  initiate proceedings as provided by Section 55.41
 32-5    in the juvenile court for commitment of the child under Subtitle D,
 32-6    Title 7, Health and Safety Code; or
 32-7                (2)  refer the child's case as provided by Section
 32-8    55.42 to the appropriate court for the initiation of proceedings in
 32-9    that court for commitment of the child under Subtitle D, Title 7,
32-10    Health and Safety Code.
32-11          Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
32-12    MENTAL RETARDATION.  (a)  If the juvenile court initiates
32-13    commitment proceedings  under Section 55.40(1), the prosecuting
32-14    attorney may file with the juvenile court an application for
32-15    placement under Section 593.041, Health and Safety Code.  The
32-16    juvenile court shall:
32-17                (1)  set a date for a hearing and provide notice as
32-18    required by Sections 593.047 and 593.048, Health and Safety Code;
32-19    and
32-20                (2)  conduct the hearing in accordance with Sections
32-21    593.049-593.056, Health and Safety Code.
32-22          (b)  After conducting a hearing under Subsection (a)(2), the
32-23    juvenile court may order commitment of the child to a residential
32-24    care facility if the commitment criteria under Section 593.052,
32-25    Health and Safety Code, are satisfied.
32-26          Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
32-27    RETARDATION.  (a)  If the juvenile court refers the child's case to
 33-1    an appropriate court for the initiation of commitment proceedings
 33-2    under Section 55.40(2), the juvenile court shall:
 33-3                (1)  send all papers relating to the child's mental
 33-4    retardation to the clerk of the court to which the case is
 33-5    referred;
 33-6                (2)  send to the office of the appropriate county
 33-7    attorney or, if a county attorney is not available, to the office
 33-8    of the appropriate district attorney, copies of all papers sent to
 33-9    the clerk of the court under Subdivision (1); and
33-10                (3)  if the child is in detention:
33-11                      (A)  order the child released from detention to
33-12    the child's home or another appropriate place;
33-13                      (B)  order the child detained in an appropriate
33-14    place other than a juvenile detention facility; or
33-15                      (C)  if an appropriate place to release or detain
33-16    the child as described by Paragraph (A) or (B) is not available,
33-17    order the child to remain in the juvenile detention facility
33-18    subject to further detention orders of the court.
33-19          (b)  The papers sent to a court under Subsection (a)(1)
33-20    constitute an application for placement under Section 593.041,
33-21    Health and Safety Code.
33-22          Sec. 55.43.  RESTORATION HEARING.  (a)  The prosecuting
33-23    attorney may file with the juvenile court a motion for a
33-24    restoration hearing concerning a child if:
33-25                (1)  the child is found unfit to proceed as a result of
33-26    mental illness or mental retardation; and
33-27                (2)  the child:
 34-1                      (A)  is not:
 34-2                            (i)  ordered by a court to receive
 34-3    inpatient mental health services;
 34-4                            (ii)  committed by a court to a residential
 34-5    care facility; or
 34-6                            (iii)  ordered by a court to receive
 34-7    treatment on an outpatient basis; or
 34-8                      (B)  is discharged or furloughed from a mental
 34-9    health facility or outpatient center before the child reaches 18
34-10    years of age.
34-11          (b)  At the restoration hearing, the court shall determine
34-12    the issue of whether the child is fit to proceed.
34-13          (c)  The restoration hearing shall be conducted without a
34-14    jury.
34-15          (d)  The issue of fitness to proceed must be proved by a
34-16    preponderance of the evidence.
34-17          (e)  If, after a hearing, the court finds that the child is
34-18    fit to proceed, the court shall continue the juvenile court
34-19    proceedings.
34-20          (f)  If, after a hearing, the court finds that the child is
34-21    unfit to proceed, the court shall dismiss the motion for
34-22    restoration.
34-23          Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
34-24    CHILD.  (a)  The juvenile court shall transfer all pending
34-25    proceedings from the juvenile court to a criminal court on the 18th
34-26    birthday of a child for whom the juvenile court or a court to which
34-27    the child's case is referred has ordered inpatient mental health
 35-1    services or residential care for persons with mental retardation
 35-2    if:
 35-3                (1)  the child is not discharged or furloughed from the
 35-4    facility before reaching 18 years of age; and
 35-5                (2)  the child is alleged to have engaged in delinquent
 35-6    conduct that included a violation of a penal law listed in Section
 35-7    53.045 and no adjudication concerning the alleged conduct has been
 35-8    made.
 35-9          (b)  The juvenile court shall send notification of the
35-10    transfer of a child under Subsection (a) to the facility.  The
35-11    criminal court shall, before the 91st day after the date of the
35-12    transfer, institute proceedings under Article 46.02, Code of
35-13    Criminal Procedure.  If those or any subsequent proceedings result
35-14    in a determination that the defendant is competent to stand trial,
35-15    the defendant may not receive a punishment for the delinquent
35-16    conduct described by Subsection (a)(2) that results in confinement
35-17    for a period longer than the maximum period of confinement the
35-18    defendant could have received if the defendant had been adjudicated
35-19    for the delinquent conduct while still a child and within the
35-20    jurisdiction of the juvenile court.
35-21               (Sections 55.45-55.50 reserved for expansion
35-22           SUBCHAPTER D.  LACK OF RESPONSIBILITY FOR CONDUCT AS
35-23             A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
35-24          Sec. 55.51 [55.05].  LACK OF RESPONSIBILITY FOR CONDUCT
35-25    DETERMINATION; EXAMINATION.  (a)  A child alleged by petition to
35-26    have engaged in delinquent conduct or conduct indicating a need for
35-27    supervision is not responsible for the conduct if at the time of
 36-1    the conduct, as a result of mental illness or mental retardation,
 36-2    the child [he] lacks substantial capacity either to appreciate the
 36-3    wrongfulness of the child's [his] conduct or to conform the child's
 36-4    [his] conduct to the requirements of law.
 36-5          (b)  On a [If on] motion by [of] a party in which [or the
 36-6    court] it is alleged that a [the] child may not be responsible as a
 36-7    result of mental illness or mental retardation for the child's
 36-8    conduct, the court shall order the child to be examined under
 36-9    [appropriate examinations as provided by] Section 51.20 [55.01 of
36-10    this chapter].  The information obtained from the examinations must
36-11    include expert opinion as to whether the child is not responsible
36-12    for the child's conduct as a result of mental illness or mental
36-13    retardation.
36-14          (c)  The issue of whether the child is not responsible for
36-15    the child's [his] conduct as a result of mental illness or mental
36-16    retardation shall be tried to the court or jury in the adjudication
36-17    hearing.
36-18          (d)  Lack of responsibility for conduct as a result of mental
36-19    illness or mental retardation must be proved by a preponderance of
36-20    the evidence.
36-21          (e)  In its findings or verdict the court or jury must state
36-22    whether the child is not responsible for the child's [his] conduct
36-23    as a result of mental illness or mental retardation.
36-24          (f)  If the court or jury finds the child is not responsible
36-25    for the child's [his] conduct as a result of mental illness or
36-26    mental retardation, the court shall proceed [initiate proceedings]
36-27    under Section 55.52 [55.02 or 55.03 of this chapter].
 37-1          (g)  A child found to be not responsible for the child's
 37-2    [his] conduct as a result of mental illness or mental retardation
 37-3    shall not be subject to proceedings under this title with respect
 37-4    to such conduct, other than proceedings under Section 55.52 [55.02
 37-5    or 55.03 of this chapter].
 37-6          Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
 37-7    RESPONSIBILITY FOR CONDUCT.  (a)  If the court or jury finds that a
 37-8    child is not responsible for the child's conduct under Section
 37-9    55.51, the court shall:
37-10                (1)  if the lack of responsibility is a result of
37-11    mental illness or mental retardation:
37-12                      (A)  provided that the child meets the commitment
37-13    criteria under Subtitle C or D, Title 7, Health and Safety Code,
37-14    order the child placed with the Texas Department of Mental Health
37-15    and Mental Retardation for a period of not more than 90 days, which
37-16    order may not specify a shorter period, for placement in a facility
37-17    designated by the department; or
37-18                      (B)  on application by the child's parent,
37-19    guardian, or guardian ad litem, order the child placed in a private
37-20    psychiatric inpatient facility for a period of not more than 90
37-21    days, which order may not specify a shorter period, but only if the
37-22    placement is agreed to in writing by the administrator of the
37-23    facility; or
37-24                (2)  if the child's lack of responsibility is a result
37-25    of mental illness and the court determines that the child may be
37-26    adequately treated in an alternative setting, order the child to
37-27    receive treatment on an outpatient basis for a period of not more
 38-1    than 90 days, which order may not specify a shorter period.
 38-2          (b)  If the court orders a child placed in a private
 38-3    psychiatric inpatient facility under Subsection (a)(1)(B), the
 38-4    state or a political subdivision of the state may be ordered to pay
 38-5    any costs associated with the child's placement, subject to an
 38-6    express appropriation of funds for the purpose.
 38-7          Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
 38-8    the court issues a placement order under Section 55.52(a)(1), the
 38-9    court shall order the probation department or sheriff's department
38-10    to transport the child to the designated facility.
38-11          (b)  On receipt of a report from a facility to which a child
38-12    has been transported under Subsection (a), the court shall order
38-13    the probation department or sheriff's department to transport the
38-14    child from the facility to the court.  If the child is not
38-15    transported to the court before the 11th day after the date of the
38-16    court's order, an authorized representative of the facility shall
38-17    transport the child from the facility to the court.
38-18          (c)  The county in which the juvenile court is located shall
38-19    reimburse the facility for the costs incurred in transporting the
38-20    child to the juvenile court as required by Subsection (b).
38-21          Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
38-22    REPORT TO COURT.  (a)  If the juvenile court issues a placement
38-23    order under Section 55.52(a), the court shall order the probation
38-24    department to send copies of any information in the possession of
38-25    the department and relevant to the issue of the child's mental
38-26    illness or mental retardation to the public or private facility or
38-27    outpatient center, as appropriate.
 39-1          (b)  Not later than the 75th day after the date the court
 39-2    issues a placement order under Section 55.52(a), the public or
 39-3    private facility or outpatient center, as appropriate, shall submit
 39-4    to the court a report that:
 39-5                (1)  describes the treatment of the child provided by
 39-6    the facility or center; and
 39-7                (2)  states the opinion of the director of the facility
 39-8    or center as to whether the child is mentally ill or mentally
 39-9    retarded.
39-10          (c)  The court shall send a copy of the report submitted
39-11    under Subsection (b) to the prosecuting attorney and the attorney
39-12    for the child.
39-13          Sec. 55.55.  REPORT THAT CHILD IS NOT MENTALLY ILL OR
39-14    MENTALLY RETARDED; HEARING ON OBJECTION.  (a)  If a report
39-15    submitted under Section 55.54(b) states that a child does not have
39-16    a mental illness or mental retardation, the juvenile court shall
39-17    discharge the child unless:
39-18                (1)  an adjudication hearing was conducted concerning
39-19    conduct that included a violation of a penal law listed in Section
39-20    53.045(a) and a petition was approved by a grand jury under Section
39-21    53.045; and
39-22                (2)  the prosecuting attorney objects in writing not
39-23    later than the second day after the date the attorney receives a
39-24    copy of the report under Section 55.54(c).
39-25          (b)  On objection by the prosecuting attorney under
39-26    Subsection (a), the juvenile court shall hold a hearing without a
39-27    jury to determine whether the child has a mental illness or mental
 40-1    retardation and whether the child meets the commitment criteria for
 40-2    civil commitment under Subtitle C or D, Title 7, Health and Safety
 40-3    Code.
 40-4          (c)  At the hearing, the burden is on the state to prove by
 40-5    clear and convincing evidence that the child has a mental illness
 40-6    or mental retardation and that the child meets the commitment
 40-7    criteria for civil commitment under Subtitle C or D, Title 7,
 40-8    Health and Safety Code.
 40-9          (d)  If, after a hearing, the court finds that the child does
40-10    not have a mental illness or mental retardation and that the child
40-11    does not meet the commitment criteria under Subtitle C or D, Title
40-12    7, Health and Safety Code, the court shall discharge the child.
40-13          (e)  If, after a hearing, the court finds that the child has
40-14    a mental illness or mental retardation and that the child meets the
40-15    commitment criteria under Subtitle C or D, Title 7, Health and
40-16    Safety Code, the court shall issue an appropriate commitment order.
40-17          Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
40-18    OF COMMITMENT PROCEEDINGS.  If a report submitted under Section
40-19    55.54(b) states that a child has a mental illness and that the
40-20    child meets the commitment criteria for civil commitment under
40-21    Subtitle C, Title 7, Health and Safety Code, the director of the
40-22    public or private facility or outpatient center, as appropriate,
40-23    shall submit to the court two certificates of medical examination
40-24    for mental illness.  On receipt of the certificates, the court
40-25    shall:
40-26                (1)  initiate proceedings as provided by Section 55.57
40-27    in the juvenile court for commitment of the child under Subtitle C,
 41-1    Title 7, Health and Safety Code; or
 41-2                (2)  refer the child's case as provided by Section
 41-3    55.58 to the appropriate court for the initiation of proceedings in
 41-4    that court for commitment of the child under Subtitle C, Title 7,
 41-5    Health and Safety Code.
 41-6          Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 41-7    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
 41-8    proceedings  under Section 55.56(1), the prosecuting attorney may
 41-9    file with the juvenile court an application for court-ordered
41-10    mental health services under Section 574.001, Health and Safety
41-11    Code.  The juvenile court shall:
41-12                (1)  set a date for a hearing and provide notice as
41-13    required by Sections 574.005 and 574.006, Health and Safety Code;
41-14    and
41-15                (2)  conduct the hearing in accordance with Subchapter
41-16    C, Chapter 574, Health and Safety Code.
41-17          (b)  After conducting a hearing under Subsection (a)(2), the
41-18    juvenile court shall:
41-19                (1)  if the criteria under Section 574.034, Health and
41-20    Safety Code, are satisfied, order temporary mental health services;
41-21    or
41-22                (2)  if the criteria under Section 574.035, Health and
41-23    Safety Code, are satisfied, order extended mental health services.
41-24          Sec. 55.58.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
41-25    ILLNESS.  (a)  If the juvenile court refers the child's case to an
41-26    appropriate court for the initiation of commitment proceedings
41-27    under Section 55.56(2), the juvenile court shall:
 42-1                (1)  send all papers relating to the child's mental
 42-2    illness, including the verdict and judgment of the juvenile court
 42-3    finding that the child was not responsible for the child's conduct,
 42-4    to the clerk of the court to which the case is referred;
 42-5                (2)  send to the office of the appropriate county
 42-6    attorney or, if a county attorney is not available, to the office
 42-7    of the district attorney, copies of all papers sent to the clerk of
 42-8    the court under Subdivision (1); and
 42-9                (3)  if the child is in detention:
42-10                      (A)  order the child released from detention to
42-11    the child's home or another appropriate place;
42-12                      (B)  order the child detained in an appropriate
42-13    place other than a juvenile detention facility; or
42-14                      (C)  if an appropriate place to release or detain
42-15    the child as described by Paragraph (A) or (B) is not available,
42-16    order the child to remain in the juvenile detention facility
42-17    subject to further detention orders of the court.
42-18          (b)  The papers sent to a court under Subsection (a)(1)
42-19    constitute an application for mental health services under Section
42-20    574.001, Health and Safety Code.
42-21          Sec. 55.59.  REPORT THAT CHILD HAS MENTAL RETARDATION;
42-22    INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under
42-23    Section 55.54(b) states that a child has mental retardation and
42-24    that the child meets the commitment criteria for civil commitment
42-25    under Subtitle D, Title 7, Health and Safety Code, the director of
42-26    the residential care facility shall submit to the court an
42-27    affidavit stating the conclusions reached as a result of the
 43-1    diagnosis.  On receipt of an affidavit, the juvenile court shall:
 43-2                (1)  initiate proceedings in the juvenile court as
 43-3    provided by Section 55.60 for commitment of the child under
 43-4    Subtitle D, Title 7, Health and Safety Code; or
 43-5                (2)  refer the child's case to the appropriate court as
 43-6    provided by Section 55.61 for the initiation of proceedings in that
 43-7    court for commitment of the child under Subtitle D, Title 7, Health
 43-8    and Safety Code.
 43-9          Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
43-10    MENTAL RETARDATION.  (a)  If the juvenile court initiates
43-11    commitment proceedings  under Section 55.59(1), the prosecuting
43-12    attorney may file with the juvenile court an application for
43-13    placement under Section 593.041, Health and Safety Code.  The
43-14    juvenile court shall:
43-15                (1)  set a date for a hearing and provide notice as
43-16    required by Sections 593.047 and 593.048, Health and Safety Code;
43-17    and
43-18                (2)  conduct the hearing in accordance with Sections
43-19    593.049-593.056, Health and Safety Code.
43-20          (b)  After conducting a hearing under Subsection (a)(2), the
43-21    juvenile court may order commitment of the child to a residential
43-22    care facility only if the commitment criteria under Section
43-23    593.052, Health and Safety Code, are satisfied.
43-24          Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
43-25    RETARDATION.  (a)  If the juvenile court refers the child's case to
43-26    an appropriate court for the initiation of commitment proceedings
43-27    under Section 55.59(2), the juvenile court shall:
 44-1                (1)  send all papers relating to the child's mental
 44-2    retardation to the clerk of the court to which the case is
 44-3    referred;
 44-4                (2)  send to the office of the appropriate county
 44-5    attorney or, if a county attorney is not available, to the office
 44-6    of the appropriate district attorney, copies of all papers sent to
 44-7    the clerk of the court under Subdivision (1); and
 44-8                (3)  if the child is in detention:
 44-9                      (A)  order the child released from detention to
44-10    the child's home or another appropriate place;
44-11                      (B)  order the child detained in an appropriate
44-12    place other than a juvenile detention facility; or
44-13                      (C)  if an appropriate place to release or detain
44-14    the child as described by Paragraph (A) or (B) is not available,
44-15    order the child to remain in the juvenile detention facility
44-16    subject to further detention orders of the court.
44-17          (b)  The papers sent to a court under Subsection (a)(1)
44-18    constitute an application for placement under Section 593.041,
44-19    Health and Safety Code.
44-20          SECTION 15.  Section 56.01(c), Family Code, is amended to
44-21    read as follows:
44-22          (c)  An appeal may be taken:
44-23                (1)  by or on behalf of a child from an order entered
44-24    under:
44-25                      (A)  Section 54.03 [of this code] with regard to
44-26    delinquent conduct or conduct indicating a need for supervision;
44-27                      (B)  Section 54.04 [of this code] disposing of
 45-1    the case;
 45-2                      (C)  Section 54.05 [of this code] respecting
 45-3    modification of a previous juvenile court disposition; or
 45-4                      (D)  Chapter 55 by a juvenile court [of this
 45-5    code] committing a child to a facility for the mentally ill or
 45-6    mentally retarded; or
 45-7                (2)  by a person from an order entered under Section
 45-8    54.11(i)(2) [of this code] transferring the person to the custody
 45-9    of the institutional division of the Texas Department of Criminal
45-10    Justice.
45-11          SECTION 16.  Section 58.001(c), Family Code, is amended to
45-12    read as follows:
45-13          (c)  A law enforcement agency shall [may] forward
45-14    information, including [photographs and] fingerprints, relating to
45-15    a child who has been [detained or] taken into custody under Section
45-16    52.01 by the agency to the Department of Public Safety for
45-17    inclusion in the juvenile justice information system created under
45-18    Subchapter B, but only if the child is referred to juvenile court
45-19    on or before the 10th day after the date the child is [detained or]
45-20    taken into custody under Section 52.01.  If the child is not
45-21    referred to juvenile court within that time, the law enforcement
45-22    agency shall destroy all information, including photographs and
45-23    fingerprints, relating to the child unless the child is placed in a
45-24    first offender program under Section 52.031 or on informal
45-25    disposition under Section 52.03.  The law enforcement agency may
45-26    not forward any information to the Department of Public Safety
45-27    relating to the child while the child is in a first offender
 46-1    program under Section 52.031, or during the 90 days following
 46-2    successful completion of the program or while the child is on
 46-3    informal disposition under Section 52.03.  Except as provided by
 46-4    Subsection (f), after the date the child completes an informal
 46-5    disposition under Section 52.03 or after the 90th day after the
 46-6    date the child successfully completes a first offender program
 46-7    under Section 52.031, the law enforcement agency shall destroy all
 46-8    information, including photographs and fingerprints, relating to
 46-9    the child.
46-10          SECTION 17.  Section 58.002(a), Family Code, is amended to
46-11    read as follows:
46-12          (a)  Except as provided by Chapter 79, Human Resources Code,
46-13    a child may not be photographed or fingerprinted without the
46-14    consent of the juvenile court unless the child is taken into
46-15    custody or referred to the juvenile court for conduct that
46-16    constitutes a felony or a misdemeanor punishable by confinement in
46-17    jail.
46-18          SECTION 18.  Section 58.007, Family Code, is amended by
46-19    adding Subsection (h) to read as follows:
46-20          (h)  The juvenile court may disseminate to the public the
46-21    following information relating to a child who is the subject of a
46-22    directive to apprehend or a warrant of arrest and who cannot be
46-23    located for the purpose of apprehension:
46-24                (1)  the child's name, including other names by which
46-25    the child is known;
46-26                (2)  the child's physical description, including sex,
46-27    weight, height, race, ethnicity, eye color, hair color, scars,
 47-1    marks, and tattoos;
 47-2                (3)  a photograph of the child; and
 47-3                (4)  a description of the conduct the child is alleged
 47-4    to have committed, including the level and degree of the alleged
 47-5    offense.
 47-6          SECTION 19.  Section 58.106(c), Family Code, is amended to
 47-7    read as follows:
 47-8          (c)  The department may, if necessary to protect the welfare
 47-9    of the community, disseminate to the public the following
47-10    information relating to a juvenile [offender] who has escaped from
47-11    the custody of the Texas Youth Commission or from another secure
47-12    detention or correctional facility:
47-13                (1)  the juvenile's [juvenile offender's] name,
47-14    including other names by which the juvenile [offender] is known;
47-15                (2)  the juvenile's [juvenile offender's] physical
47-16    description, including sex, weight, height, race, ethnicity, eye
47-17    color, hair color, scars, marks, and tattoos;
47-18                (3)  a photograph of the juvenile [offender]; and
47-19                (4)  a description of the conduct for which the
47-20    juvenile [offender] was committed to the Texas Youth Commission or
47-21    detained in the secure detention or correctional facility,
47-22    including the level and degree of the alleged offense.
47-23          SECTION 20.  Section 59.003(a), Family Code, is amended to
47-24    read as follows:
47-25          (a)  Subject to Subsection (e), after a child's first
47-26    commission of delinquent conduct or conduct indicating a need for
47-27    supervision, the probation department or prosecuting attorney may,
 48-1    or the juvenile court may, in a disposition hearing under Section
 48-2    54.04 or a modification hearing under Section 54.05, assign a child
 48-3    one of the following sanction levels according to the child's
 48-4    conduct:
 48-5                (1)  for conduct indicating a need for supervision,
 48-6    other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
 48-7    or a Class A or B misdemeanor, the sanction level is one;
 48-8                (2)  for conduct indicating a need for supervision
 48-9    under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
48-10    misdemeanor, other than a misdemeanor involving the use or
48-11    possession of a firearm, or for delinquent conduct under Section
48-12    51.03(a)(2) or (3), the sanction level is two;
48-13                (3)  for a misdemeanor involving the use or possession
48-14    of a firearm or for a state jail felony or a felony of the third
48-15    degree, the sanction level is three;
48-16                (4)  for a felony of the second degree, the sanction
48-17    level is four;
48-18                (5)  for a felony of the first degree, other than a
48-19    felony involving the use of a deadly weapon or causing serious
48-20    bodily injury, the sanction level is five;
48-21                (6)  for a felony of the first degree involving the use
48-22    of a deadly weapon or causing serious bodily injury, for an
48-23    aggravated controlled substance felony, or for a capital felony,
48-24    the sanction level is six; or
48-25                (7)  for a felony of the first degree involving the use
48-26    of a deadly weapon or causing serious bodily injury, for an
48-27    aggravated controlled substance felony, or for a capital felony, if
 49-1    the petition has been approved by a grand jury under Section
 49-2    53.045, or if a petition to transfer the child to criminal court
 49-3    has been filed under Section 54.02, the sanction level is seven.
 49-4          SECTION 21.  Section 59.005(a), Family Code,     is amended
 49-5    to read as follows:
 49-6          (a)  For a child at sanction level two, the juvenile court,
 49-7    the prosecuting attorney, or the probation department may, as
 49-8    provided by Section 53.03:
 49-9                (1)  place the child on deferred prosecution [or
49-10    court-ordered probation] for not less than three months or more
49-11    than six months;
49-12                (2)  require the child to make restitution to the
49-13    victim of the child's conduct or perform community service
49-14    restitution appropriate to the nature and degree of harm caused and
49-15    according to the child's ability;
49-16                (3)  require the child's parents or guardians to
49-17    identify restrictions the parents or guardians will impose on the
49-18    child's activities and requirements the parents or guardians will
49-19    set for the child's behavior;
49-20                (4)  provide the information required under Sections
49-21    59.004(a)(2) and (4);
49-22                (5)  require the child or the child's parents or
49-23    guardians to participate in a program for services under Section
49-24    264.302, if a program under Section 264.302 is available to the
49-25    child or the child's parents or guardians;
49-26                (6)  refer the child to a community-based citizen
49-27    intervention program approved by the juvenile court; and
 50-1                (7)  if appropriate, impose additional conditions of
 50-2    probation.
 50-3          SECTION 22.  Section 59.014, Family Code, is amended to read
 50-4    as follows:
 50-5          Sec. 59.014.  APPEAL.  A child may not bring an appeal or a
 50-6    postconviction writ of habeas corpus based on the:
 50-7                (1)  [The] failure or inability of any person to
 50-8    provide a service listed under Sections 59.004-59.010;
 50-9                (2)  [or the] failure of a court or of any person to
50-10    make a sanction level assignment as provided in Section 59.002 or
50-11    59.003; or
50-12                (3)  failure of a juvenile court or probation
50-13    department to report a deviation from the guidelines as required by
50-14    Section 59.003(e) [may not be used by a child as a ground for
50-15    appeal or for a postconviction writ of habeas corpus].
50-16          SECTION 23.  Section 232.002, Family Code, is amended to read
50-17    as follows:
50-18          Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
50-19    following state agencies are licensing authorities subject to this
50-20    chapter:
50-21                (1)  Department of Agriculture;
50-22                (2)  Texas Commission on Alcohol and Drug Abuse;
50-23                (3)  Texas Alcoholic Beverage Commission;
50-24                (4)  Texas Appraiser Licensing and Certification Board;
50-25                (5)  Texas Board of Architectural Examiners;
50-26                (6)  State Board of Barber Examiners;
50-27                (7)  Texas Board of Chiropractic Examiners;
 51-1                (8)  Comptroller of Public Accounts;
 51-2                (9)  Texas Cosmetology Commission;
 51-3                (10)  Court Reporters Certification Board;
 51-4                (11)  State Board of Dental Examiners;
 51-5                (12)  Texas State Board of Examiners of Dietitians;
 51-6                (13)  Texas Funeral Service Commission;
 51-7                (14)  Texas Department of Health;
 51-8                (15)  Texas Department of Human Services;
 51-9                (16)  Texas Board of Professional Land Surveying;
51-10                (17)  Texas Department of Licensing and Regulation;
51-11                (18)  Texas State Board of Examiners of Marriage and
51-12    Family Therapists;
51-13                (19)  Texas State Board of Medical Examiners;
51-14                (20)  Midwifery Board;
51-15                (21)  Texas Natural Resource Conservation Commission;
51-16                (22)  Board of Nurse Examiners;
51-17                (23)  Texas Board of Occupational Therapy Examiners;
51-18                (24)  Texas Optometry Board;
51-19                (25)  Parks and Wildlife Department;
51-20                (26)  Texas State Board of Examiners of Perfusionists;
51-21                (27)  Texas State Board of Pharmacy;
51-22                (28)  Texas Board of Physical Therapy Examiners;
51-23                (29)  Texas State Board of Plumbing Examiners;
51-24                (30)  Texas State Board of Podiatric Medical Examiners;
51-25                (31)  Polygraph Examiners Board;
51-26                (32)  Texas Board of Private Investigators and Private
51-27    Security Agencies;
 52-1                (33)  Texas State Board of Examiners of Professional
 52-2    Counselors;
 52-3                (34)  State Board of Registration for Professional
 52-4    Engineers;
 52-5                (35)  Department of Protective and Regulatory Services;
 52-6                (36)  Texas State Board of Examiners of Psychologists;
 52-7                (37)  Texas State Board of Public Accountancy;
 52-8                (38)  Department of Public Safety of the State of
 52-9    Texas;
52-10                (39)  Public Utility Commission of Texas;
52-11                (40)  Railroad Commission of Texas;
52-12                (41)  Texas Real Estate Commission;
52-13                (42)  State Bar of Texas;
52-14                (43)  Texas State Board of Social Worker Examiners;
52-15                (44)  State Board of Examiners for Speech-Language
52-16    Pathology and Audiology;
52-17                (45)  Texas Structural Pest Control Board;
52-18                (46)  Board of Tax Professional Examiners;
52-19                (47)  Secretary of State;
52-20                (48)  Supreme Court of Texas;
52-21                (49)  Texas Transportation Commission;
52-22                (50)  State Board of Veterinary Medical Examiners;
52-23                (51)  Board of Vocational Nurse Examiners;
52-24                (52)  Texas Ethics Commission;
52-25                (53)  Advisory Board of Athletic Trainers;
52-26                (54)  State Committee of Examiners in the Fitting and
52-27    Dispensing of Hearing Instruments;
 53-1                (55)  Texas Board of Licensure for Professional Medical
 53-2    Physicists; [and]
 53-3                (56)  Texas Department of Insurance;[.]
 53-4                (57)  Texas Board of Orthotics and Prosthetics; and
 53-5                (58)  Texas Juvenile Probation Commission.
 53-6          SECTION 24.  Section 261.103, Family Code, is amended to read
 53-7    as follows:
 53-8          Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  (a)
 53-9    Except as provided by Subsection (b), a [A] report shall be made
53-10    to:
53-11                (1)  any local or state law enforcement agency;
53-12                (2)  the department if the alleged or suspected abuse
53-13    involves a person responsible for the care, custody, or welfare of
53-14    the child;
53-15                (3)  the state agency that operates, licenses,
53-16    certifies, or registers the facility in which the alleged abuse or
53-17    neglect occurred; or
53-18                (4)  the agency designated by the court to be
53-19    responsible for the protection of children.
53-20          (b)  A report may be made to the Texas Youth Commission
53-21    instead of the entities listed under Subsection (a) if the report
53-22    is based on information provided by a child while under the
53-23    supervision of the commission concerning the child's alleged abuse
53-24    of another child.
53-25          SECTION 25.  Section 261.105, Family Code, is amended by
53-26    adding Subsection (e) to read as follows:
53-27          (e)  In cooperation with the department, the Texas Youth
 54-1    Commission by rule shall adopt guidelines for identifying a report
 54-2    made to the commission under Section 261.103(b) that is appropriate
 54-3    to refer to the department or a law enforcement agency for
 54-4    investigation.  Guidelines adopted under this subsection must
 54-5    require the commission to consider the severity and immediacy of
 54-6    the alleged abuse or neglect of the child victim.
 54-7          SECTION 26.  Section 261.405, Family Code, as amended by
 54-8    Chapters 162 and 1374, Acts of the 75th Legislature, Regular
 54-9    Session, 1997, is reenacted and amended to read as follows:
54-10          Sec. 261.405.  INVESTIGATIONS IN [PRE-ADJUDICATION AND
54-11    POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
54-12    (a)  A report of alleged abuse or neglect in a public or private
54-13    juvenile pre-adjudication secure detention facility, including
54-14    hold-over facilities, or public or private juvenile
54-15    post-adjudication secure correctional facility, except for a
54-16    facility operated solely for children committed to the Texas Youth
54-17    Commission, shall be made to a local law enforcement agency for
54-18    investigation.  The local law enforcement agency shall immediately
54-19    notify the Texas Juvenile Probation Commission of any report the
54-20    agency receives.
54-21          (b)  The Texas Juvenile Probation Commission shall conduct an
54-22    investigation as provided by this chapter if the commission
54-23    receives a report of alleged abuse or neglect in any program,
54-24    including a juvenile justice alternative education program,
54-25    operated wholly or partly by:
54-26                (1)  a local juvenile probation department; or
54-27                (2)  a private vendor operating under the authority of
 55-1    a county juvenile board in accordance with the standards adopted by
 55-2    the commission.
 55-3          (c)  In an investigation required under this section, the
 55-4    investigating agency shall have access to medical and mental health
 55-5    records as provided by Subchapter D.
 55-6          SECTION 27.  The heading to Article 4.18, Code of Criminal
 55-7    Procedure, is amended to read as follows:
 55-8          Art. 4.18.  CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
 55-9    JUVENILE COURT].
55-10          SECTION 28.  Article 4.18, Code of Criminal Procedure, is
55-11    amended by adding Subsection (g) to read as follows:
55-12          (g)  This article does not apply to a claim of a defect or
55-13    error in a discretionary transfer proceeding in juvenile court.  A
55-14    defendant may appeal a defect or error only as provided by Article
55-15    44.47.
55-16          SECTION 29.  Section 8(c), Article 42.09, Code of Criminal
55-17    Procedure, is amended to read as follows:
55-18          (c)  A county that transfers a defendant to the Texas
55-19    Department of Criminal Justice under this article shall also
55-20    deliver to the designated officer any presentence or postsentence
55-21    investigation report, revocation report, psychological or
55-22    psychiatric evaluation of the defendant, including an evaluation
55-23    prepared for the juvenile court before transferring the defendant
55-24    to criminal court and contained in the criminal prosecutor's file,
55-25    and available social or psychological background information
55-26    relating to the defendant and may deliver to the designated officer
55-27    any additional information upon which the judge or jury bases the
 56-1    punishment decision.
 56-2          SECTION 30.  Subchapter A, Chapter 25, Education Code, is
 56-3    amended by adding Section 25.0011 to read as follows:
 56-4          Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  (a)  For
 56-5    purposes of Section 25.001, a person is not considered to reside in
 56-6    a school district if:
 56-7                (1)  the person is incarcerated in a private juvenile
 56-8    detention facility in the district as a result of the order of a
 56-9    court in another state; and
56-10                (2)  the person resided in another state or country
56-11    immediately before incarceration in the facility.
56-12          (b)  A school district may provide educational services to a
56-13    person described by Subsection (a) if the district is fully
56-14    compensated for the cost of the services through payment of tuition
56-15    for the person by the operator of the juvenile detention facility
56-16    or other person having lawful control of the person in an amount
56-17    equal to the actual cost of educating the person.
56-18          (c)  For purposes of this section, "private juvenile
56-19    detention facility" means a juvenile detention facility that is not
56-20    operated by a governmental entity.
56-21          SECTION 31.  Section 576.025(a), Health and Safety Code, is
56-22    amended to read as follows:
56-23          (a)  A person may not administer a psychoactive medication to
56-24    a patient receiving voluntary or involuntary mental health services
56-25    who refuses the administration unless:
56-26                (1)  the patient is having a medication-related
56-27    emergency;
 57-1                (2)  the patient is younger than 16 years of age and
 57-2    the patient's parent, managing conservator, or guardian consents to
 57-3    the administration on behalf of the patient;
 57-4                (3)  the refusing patient's representative authorized
 57-5    by law to consent on behalf of the patient has consented to the
 57-6    administration;
 57-7                (4)  the administration of the medication regardless of
 57-8    the patient's refusal is authorized by an order issued under
 57-9    Section 574.106; or
57-10                (5)  the patient is receiving court-ordered mental
57-11    health services authorized by an order issued under:
57-12                      (A)  Article 46.02 or  46.03, Code of Criminal
57-13    Procedure; or
57-14                      (B)  Chapter 55, Family Code.
57-15          SECTION 32.  Section 61.077, Human Resources Code, is amended
57-16    by adding Subsections (c)-(f) to read as follows:
57-17          (c)  If a child who is discharged from the commission under
57-18    Subsection (b) as a result of mental illness is not receiving
57-19    court-ordered mental health services, the child's discharge is
57-20    effective on the earlier of:
57-21                (1)  the date the court enters an order regarding an
57-22    application for mental health services filed under Section
57-23    61.0772(b); or
57-24                (2)  the 30th day after the date the application is
57-25    filed.
57-26          (d)  If a child who is discharged from the commission under
57-27    Subsection (b) as a result of mental illness is receiving
 58-1    court-ordered mental health services, the child's discharge from
 58-2    the commission is effective immediately.  If the child is receiving
 58-3    mental health services outside the child's home county, the
 58-4    commission shall notify the mental health authority located in that
 58-5    county of the discharge not later than the 30th day after the date
 58-6    that the child's discharge is effective.
 58-7          (e)  If a child who is discharged from the commission under
 58-8    Subsection (b) as a result of mental retardation is not receiving
 58-9    mental retardation services, the child's discharge is effective on
58-10    the earlier of:
58-11                (1)  the date the court enters an order regarding an
58-12    application for mental retardation services filed under Section
58-13    61.0772(c); or
58-14                (2)  the 30th day after the date that the application
58-15    is filed.
58-16          (f)  If a child who is discharged from the commission under
58-17    Subsection (b) as a result of mental retardation is receiving
58-18    mental retardation services, the child's discharge from the
58-19    commission is effective immediately.
58-20          SECTION 33.  Sections 61.0772(b) and (c), Human Resources
58-21    Code, are amended to read as follows:
58-22          (b)  Before [Not later than the 30th day before the date] a
58-23    child who is identified as mentally ill is discharged from the
58-24    commission's custody under Section 61.077(b), a commission
58-25    psychiatrist shall examine the child. The commission [psychiatrist]
58-26    shall file a sworn application for court-ordered mental health
58-27    services, as provided in Subchapter C, Chapter 574, Health and
 59-1    Safety Code, if:
 59-2                (1)  the child is not receiving court-ordered mental
 59-3    health services; and
 59-4                (2)  the psychiatrist who examined the child determines
 59-5    that the child is mentally ill and the child meets at least one of
 59-6    the criteria listed in Section 574.034, Health and Safety Code.
 59-7          (c)  Before [Not later than the 30th day before the date] a
 59-8    child who is identified as mentally retarded under Chapter 593,
 59-9    Health and Safety Code, is discharged from the commission's custody
59-10    under Section 61.077(b), the commission shall refer the child for
59-11    [a determination of] mental retardation services if the child is
59-12    not receiving mental retardation services [and an interdisciplinary
59-13    team recommendation of the child, as provided by Chapter 593,
59-14    Health and Safety Code, to be performed at a facility approved or
59-15    operated by the Texas Department of Mental Health and Mental
59-16    Retardation or at a community center established in accordance with
59-17    Chapter 534, Health and Safety Code].
59-18          SECTION 34.  Section 61.093(b), Human Resources Code, is
59-19    amended to read as follows:
59-20          (b)  A child who is arrested or taken into custody under
59-21    Subsection (a) [of this section] may be detained in any suitable
59-22    place, including an adult jail facility if the person is 17 years
59-23    of age or older, until the child is returned to the custody of the
59-24    commission or transported to a commission facility.
59-25          SECTION 35.  Sections 141.086(g), (h), (i), (j), and (k),
59-26    Human Resources Code, are amended to read as follows:
59-27          (g)  For a facility constructed under this section, [the
 60-1    following amounts may be appropriated:]
 60-2                [(1)  not more than 50 percent of the operating costs
 60-3    of the facility during the 1997 fiscal year; and]
 60-4                [(2)]  not more than 25 percent of the operating costs
 60-5    of the facility may be reimbursed by the commission [during each of
 60-6    the 1998 and 1999 fiscal years].
 60-7          (h)  It is the intent of the legislature to appropriate the
 60-8    full amount of money authorized under Subsection (g)[(2)].
 60-9          (i)  [On and after September 1, 1999, a facility constructed
60-10    under this section must be operated entirely by the county using
60-11    the facility.]
60-12          [(j)]  The commission shall conduct an annual audit of the
60-13    operating costs for a fiscal year of a facility constructed under
60-14    this section for each fiscal year for which funds are appropriated
60-15    unless the county in which the facility is located has conducted an
60-16    annual audit [through fiscal year 1999].  The commission shall
60-17    submit a report on the results of its or the county's [the] audit
60-18    to the Legislative Budget Board and the governor not later than the
60-19    60th day after the last day of the fiscal year covered by the
60-20    audit.
60-21          (j) [(k)]  In this section, "operating costs" means the
60-22    operating costs of a facility at an 80-percent occupancy rate.
60-23          SECTION 36.  Section 729.001(c), Transportation Code, is
60-24    amended to read as follows:
60-25          (c)  An offense under this section is punishable by the fine
60-26    or other sanction, other than confinement or imprisonment,
60-27    authorized by statute for violation of the traffic law listed under
 61-1    Subsection (a) that is the basis of the prosecution under this
 61-2    section  [a Class C misdemeanor].
 61-3          SECTION 37.  Section 729.002(b), Transportation Code, is
 61-4    amended to read as follows:
 61-5          (b)  An offense under this section is punishable in the same
 61-6    manner as if the person was 17 years of age or older and operated a
 61-7    motor vehicle without a license as described by Subsection (a),
 61-8    except that an offense under this section is not punishable by
 61-9    confinement or imprisonment [a Class C misdemeanor].
61-10          SECTION 38.  Sections 141.0475 and 141.0476, Human Resources
61-11    Code, are repealed.
61-12          SECTION 39.  (a)  Except as provided otherwise by this
61-13    section, the change in law made by this Act applies only to conduct
61-14    that occurs on or after the effective date of this Act.  Conduct
61-15    violating a penal law of the state occurs on or after the effective
61-16    date of this Act if every element of the violation occurs on or
61-17    after that date.  Conduct that occurs before the effective date of
61-18    this Act is covered by the law in effect at the time the conduct
61-19    occurred, and the former law is continued in effect for that
61-20    purpose.
61-21          (b)  The change in law made by Sections 16, 18, and 19 of
61-22    this Act applies to the dissemination or inspection of information
61-23    on or after the effective date of this Act without regard to
61-24    whether the information was compiled before, on, or after that
61-25    date.
61-26          (c)  The change in law made by Section 26 of this Act applies
61-27    only to a report received by a local law enforcement agency or the
 62-1    Texas Juvenile Probation Commission on or after the effective date
 62-2    of this Act.
 62-3          (d)  The change in law made by Section 8 of this Act applies
 62-4    to discretionary transfer proceedings in which the discretionary
 62-5    transfer petition or motion was filed on after the effective date
 62-6    of this Act.
 62-7          SECTION 40.  The change in law made by Section 25.0011,
 62-8    Education Code, as added by this Act, applies beginning with the
 62-9    1999-2000 school year.
62-10          SECTION 41.  This Act takes effect September 1, 1999.
62-11          SECTION 42.  The importance of this legislation and the
62-12    crowded condition of the calendars in both houses create an
62-13    emergency and an imperative public necessity that the
62-14    constitutional rule requiring bills to be read on three several
62-15    days in each house be suspended, and this rule is hereby suspended.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3517 was passed by the House on May
         6, 1999, by a non-record vote; and that the House concurred in
         Senate amendments to H.B. No. 3517 on May 27, 1999, by a non-record
         vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3517 was passed by the Senate, with
         amendments, on May 24, 1999, by a viva-voce vote.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  _____________________
                            Date
                    _____________________
                          Governor