76R11468 JMC-D                           
         By Goodman                                            H.B. No. 3517
         Substitute the following for H.B. No. 3517:
         By Morrison                                       C.S.H.B. No. 3517
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the detention, adjudication, and disposition of certain
 1-3     persons within the juvenile justice system.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 51.095, Family Code, is amended by adding
 1-6     Subsection (d) to read as follows:
 1-7           (d)  A juvenile law referee or master may perform the duties
 1-8     imposed on a magistrate under this section without the approval of
 1-9     the juvenile court if the juvenile board of the county in which the
1-10     statement of the child is made has authorized a referee or master
1-11     to perform the duties of a magistrate under this section.
1-12           SECTION 2.  Section 51.12(h), Family Code, is amended to read
1-13     as follows:
1-14           (h)  This section does not apply to a person:
1-15                 (1)  after transfer to criminal court for prosecution
1-16     under Section 54.02; or
1-17                 (2)  who is at least 17 [18] years of age and who has
1-18     been taken into custody after having:
1-19                       (A)  escaped from a juvenile facility operated by
1-20     or under contract with the Texas Youth Commission; or
1-21                       (B)  violated a condition [of probation or] of
1-22     release under supervision of the Texas Youth Commission.
1-23           SECTION 3.  Section 51.17(c), Family Code, is amended to read
1-24     as follows:
 2-1           (c)  Except as otherwise provided by this title, the Texas
 2-2     Rules of [Criminal] Evidence applicable to criminal cases and
 2-3     Chapter 38, Code of Criminal Procedure, apply in a judicial
 2-4     proceeding under this title.
 2-5           SECTION 4.  Chapter 51, Family Code, is amended by adding
 2-6     Section 51.20 to read as follows:
 2-7           Sec. 51.20.  PHYSICAL OR MENTAL EXAMINATION.  (a)   At any
 2-8     stage of the proceedings under this title, the juvenile court may
 2-9     order a child who is referred to the juvenile court or who is
2-10     alleged by a petition or found to have engaged in delinquent
2-11     conduct or conduct indicating a need for supervision to be examined
2-12     by an appropriate expert, including a physician, psychiatrist, or
2-13     psychologist.
2-14           (b)  If, after conducting an examination of a child ordered
2-15     under Subsection (a) and reviewing any other relevant information,
2-16     there is reason to believe that the child has a mental illness or
2-17     mental retardation, the probation department shall refer the child
2-18     to the local mental health or mental retardation authority for
2-19     evaluation and services, unless the prosecuting attorney has filed
2-20     a petition under Section 53.04.
2-21           SECTION 5.  Section 52.02(c), Family Code, is amended to read
2-22     as follows:
2-23           (c)  A person who takes a child into custody and who has
2-24     reasonable grounds to believe that the child has been operating a
2-25     motor vehicle in a public place while having any detectable amount
2-26     of alcohol in the child's system may, before complying with
2-27     Subsection (a):
 3-1                 (1)  take the child to a place to obtain a specimen of
 3-2     the child's breath or blood as provided by Chapter 724,
 3-3     Transportation Code; and
 3-4                 (2)  perform intoxilyzer processing and videotaping of
 3-5     the child in an adult processing office of a law enforcement agency
 3-6     [police department].
 3-7           SECTION 6.  Chapter 53, Family Code, is amended by adding
 3-8     Section 53.035 to read as follows:
 3-9           Sec. 53.035.  GRAND JURY REFERRAL.  (a)  The prosecuting
3-10     attorney may, before filing a petition under Section 53.04, refer
3-11     an offense to a grand jury in the county in which the offense is
3-12     alleged to have been committed.
3-13           (b)  The grand jury has the same jurisdiction and powers to
3-14     investigate the facts and circumstances concerning an offense
3-15     referred to the grand jury under this section as it has to
3-16     investigate other criminal activity.
3-17           (c)  If the grand jury votes to take no action on an offense
3-18     referred to the grand jury under this section, the prosecuting
3-19     attorney may not file a petition under Section 53.04 concerning the
3-20     offense unless the same or a successor grand jury approves the
3-21     filing of the petition.
3-22           (d)  If the grand jury votes for approval of the prosecution
3-23     of an offense referred to the grand jury under this section, the
3-24     prosecuting attorney may file a petition under Section 53.04.
3-25           (e)  The approval of the prosecution of an offense by a grand
3-26     jury under this section does not constitute approval of a petition
3-27     by a grand jury for purposes of Section 53.045.
 4-1           SECTION 7.  Section 54.01, Family Code, is amended by adding
 4-2     Subsection (p) to read as follows:
 4-3           (p)  If a child has not been released under Section 53.02 or
 4-4     this section and a petition has not been filed under Section 53.04
 4-5     concerning the child, the court shall order the child released from
 4-6     detention not later than:
 4-7                 (1)  the 30th working day after the date the initial
 4-8     detention hearing is held, if the child is alleged to have engaged
 4-9     in conduct constituting a capital felony, an aggravated controlled
4-10     substance felony, or a felony of the first degree; or
4-11                 (2)  the 15th working day after the date the initial
4-12     detention hearing is held, if the child is alleged to have engaged
4-13     in conduct constituting an offense other than an offense listed in
4-14     Subdivision (1).
4-15           SECTION 8.  Section 54.02, Family Code, is amended by
4-16     amending Subsections (h) and (j) and adding Subsections (o)-(r) to
4-17     read as follows:
4-18           (h)  If the juvenile court waives jurisdiction, it shall
4-19     state specifically in the order its reasons for waiver and certify
4-20     its action, including the written order and findings of the court,
4-21     and shall transfer the person to the appropriate court for criminal
4-22     proceedings and cause the results of the diagnostic study of the
4-23     person ordered under Subsection (d), including psychological
4-24     information, to be transferred to  the appropriate criminal
4-25     prosecutor.  On transfer of the person for criminal proceedings,
4-26     the person shall be dealt with as an adult and in accordance with
4-27     the Code of Criminal Procedure.  The transfer of custody is an
 5-1     arrest.
 5-2           (j)  The juvenile court may waive its exclusive original
 5-3     jurisdiction and transfer a person to the appropriate district
 5-4     court or criminal district court for criminal proceedings if:
 5-5                 (1)  the person is 18 years of age or older;
 5-6                 (2)  the person was:
 5-7                       (A)  10 years of age or older and under 17 years
 5-8     of age at the time the person is alleged to have committed a
 5-9     capital felony or an offense under Section 19.02, Penal Code;
5-10                       (B)  14 years of age or older and under 17 years
5-11     of age at the time the person [he] is alleged to have committed [a
5-12     capital felony,] an aggravated controlled substance felony[,] or a
5-13     felony of the first degree other than an offense under Section
5-14     19.02, Penal Code; or
5-15                       (C) [(B)]  15 years of age or older and under 17
5-16     years of age at the time the person is alleged to have committed a
5-17     felony of the second or third degree or a state jail felony;
5-18                 (3)  no adjudication concerning the alleged offense has
5-19     been made or no adjudication hearing concerning the offense has
5-20     been conducted;
5-21                 (4)  the juvenile court finds from a preponderance of
5-22     the evidence that:
5-23                       (A)  for a reason beyond the control of the state
5-24     it was not practicable to proceed in juvenile court before the 18th
5-25     birthday of the person; or
5-26                       (B)  after due diligence of the state it was not
5-27     practicable to proceed in juvenile court before the 18th birthday
 6-1     of the person because:
 6-2                             (i)  the state did not have probable cause
 6-3     to proceed in juvenile court and new evidence has been found since
 6-4     the 18th birthday of the person;
 6-5                             (ii)  the person could not be found; or
 6-6                             (iii)  a previous transfer order was
 6-7     reversed by an appellate court or set aside by a district court;
 6-8     and
 6-9                 (5)  the juvenile court determines that there is
6-10     probable cause to believe that the child before the court committed
6-11     the offense alleged.
6-12           (o)  If a respondent is taken into custody for possible
6-13     discretionary transfer proceedings under Subsection (j), the
6-14     juvenile court shall hold a detention hearing in the same manner as
6-15     provided by Section 54.01, except that the court shall order the
6-16     respondent released unless it finds that the respondent:
6-17                 (1)  is likely to abscond or be removed from the
6-18     jurisdiction of the court;
6-19                 (2)  may be dangerous to himself or herself or may
6-20     threaten the safety of the public if released; or
6-21                 (3)  has previously been found to be a delinquent child
6-22     or has previously been convicted of a penal offense punishable by a
6-23     term of jail or prison and is likely to commit an offense if
6-24     released.
6-25           (p)  If the juvenile court does not order a respondent
6-26     released under Subsection (o), the court shall, pending the
6-27     conclusion of the discretionary transfer hearing, order that the
 7-1     respondent be detained in:
 7-2                 (1)  a certified juvenile detention facility as
 7-3     provided by Subsection (q); or
 7-4                 (2)  an appropriate county facility for the detention
 7-5     of adults accused of criminal offenses.
 7-6           (q)  The detention of a respondent in a certified juvenile
 7-7     detention facility must comply with the detention requirements
 7-8     under this title, except that, to the extent practicable, the
 7-9     person shall be kept separate from children detained in the same
7-10     facility.
7-11           (r)  If the juvenile court orders a respondent detained in a
7-12     county facility under Subsection (p), the county sheriff shall take
7-13     custody of the respondent under the juvenile court's order.  The
7-14     juvenile court shall set or deny bond for the respondent as
7-15     required by the Code of Criminal Procedure and other law applicable
7-16     to the pretrial detention of adults accused of criminal offenses.
7-17           SECTION 9.  Sections 54.03(d) and (f), Family Code, are
7-18     amended to read as follows:
7-19           (d)  Except as provided by Section 54.031 [of this chapter],
7-20     only material, relevant, and competent evidence in accordance with
7-21     the Texas Rules of [Criminal] Evidence applicable to criminal cases
7-22     and Chapter 38, Code of Criminal Procedure, may be considered in
7-23     the adjudication hearing.  Except in a detention or discretionary
7-24     transfer hearing, a social history report or social service file
7-25     shall not be viewed by the court before the adjudication decision
7-26     and shall not be viewed by the jury at any time.
7-27           (f)  At the conclusion of the adjudication hearing, the court
 8-1     or jury shall find whether or not the child has engaged in
 8-2     delinquent conduct or conduct indicating a need for supervision.
 8-3     The finding must be based on competent evidence admitted at the
 8-4     hearing.  The child shall be presumed to be innocent of the charges
 8-5     against the child [him] and no finding that a child has engaged in
 8-6     delinquent conduct or conduct indicating a need for supervision may
 8-7     be returned unless the state has proved such beyond a reasonable
 8-8     doubt.  In all jury cases the jury will be instructed that the
 8-9     burden is on the state to prove that a child has engaged in
8-10     delinquent conduct or is in need of supervision beyond a reasonable
8-11     doubt.  A child may be adjudicated as having engaged in conduct
8-12     constituting a lesser included offense as provided by Articles
8-13     37.08 and 37.09, Code of Criminal Procedure.
8-14           SECTION 10.  Section 54.10(a), Family Code, is amended to
8-15     read as follows:
8-16           (a)  Except as provided by Subsection (c) [of this section],
8-17     a [the] hearing under Section [provided in Sections 54.01,] 54.03,
8-18     54.04, or [and] 54.05, including a jury trial, a hearing under
8-19     Chapter 55, including a jury trial, or a [of this code and the]
8-20     hearing under [provided in] Article IV, Article V, and Article VI
8-21     of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
8-22     this code]) may be held by a referee appointed in accordance with
8-23     Section 51.04(g) or a master appointed under Chapter 54, Government
8-24     Code, [of this code]  provided:
8-25                 (1)  the parties have been informed by the referee or
8-26     master that they are entitled to have the hearing before the
8-27     juvenile court judge [or in the case of a detention hearing
 9-1     provided for in Section 54.01 of this code, a substitute judge as
 9-2     authorized by Section 51.04(f) of this code]; and [or]
 9-3                 (2)  after each party is given an opportunity to
 9-4     object, no party objects to holding the hearing before the referee
 9-5     or master [the child and the attorney for the child have in
 9-6     accordance with the requirements of Section 51.09 of this code
 9-7     waived the right to have the hearing before the juvenile court
 9-8     judge or substitute judge].
 9-9           SECTION 11.  Chapter 55, Family Code, is amended to read as
9-10     follows:
9-11                 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
9-12                  WITH MENTAL ILLNESS OR MENTAL RETARDATION
9-13                      SUBCHAPTER A.  GENERAL PROVISIONS
9-14           Sec. 55.01.  MEANING OF "HAVING A MENTAL ILLNESS."  For
9-15     purposes of this chapter, a child who is described as having a
9-16     mental illness means a child who suffers from mental illness as
9-17     defined by Section 571.003, Health and Safety Code [PHYSICAL OR
9-18     MENTAL EXAMINATION.  (a)  At any stage of the proceedings under
9-19     this title, the juvenile court may order a child alleged by
9-20     petition or found to have engaged in delinquent conduct or conduct
9-21     indicating a need for supervision to be examined by appropriate
9-22     experts, including a physician, psychiatrist, or psychologist.]
9-23           [(b)  If an examination ordered under Subsection (a) of this
9-24     section is to determine whether the child is mentally retarded, the
9-25     examination must consist of a determination of mental retardation
9-26     and an interdisciplinary team recommendation, as provided by
9-27     Chapter 593, Health and Safety Code, and shall be conducted at a
 10-1    facility approved or operated by the Texas Department of Mental
 10-2    Health and Mental Retardation or at a community center established
 10-3    in accordance with Chapter 534, Health and Safety Code].
 10-4          Sec. 55.02.  MENTAL HEALTH AND MENTAL RETARDATION
 10-5    JURISDICTION.  For the purpose of initiating proceedings to order
 10-6    mental health or mental retardation services for a child or for
 10-7    commitment of a child as provided by this chapter, the juvenile
 10-8    court has jurisdiction of proceedings under Subtitle C or D, Title
 10-9    7, Health and Safety Code.
10-10          Sec. 55.03.  STANDARDS OF CARE.  (a)  Except as provided by
10-11    this chapter, a child for whom inpatient mental health services is
10-12    ordered by a court under this chapter shall be cared for as
10-13    provided by Subtitle C, Title 7, Health and Safety Code.
10-14          (b)  Except as provided by this chapter, a child who is
10-15    committed by a court to a residential care facility for mental
10-16    retardation shall be cared for as provided by Subtitle D, Title 7,
10-17    Health and Safety Code.
10-18               (Sections 55.04-55.10 reserved for expansion)
10-19                 SUBCHAPTER B.  CHILD WITH MENTAL ILLNESS
10-20          Sec. 55.11.  MENTAL ILLNESS DETERMINATION; EXAMINATION.  (a)
10-21    On a motion by a party, the juvenile court shall determine whether
10-22    probable cause exists to believe that a child who is alleged by
10-23    petition or found to have engaged in delinquent conduct or conduct
10-24    indicating a need for supervision has a mental illness.  In making
10-25    its determination, the court may:
10-26                (1)  consider the motion, supporting documents,
10-27    professional statements of counsel, and witness testimony; and
 11-1                (2)  make its own observation of the child.
 11-2          (b)  If the court determines that probable cause exists to
 11-3    believe that the child has a mental illness, the court shall
 11-4    temporarily stay the juvenile court proceedings and immediately
 11-5    order the child to be examined under Section 51.20.  The
 11-6    information obtained from the examination must include expert
 11-7    opinion as to whether the child has a mental illness and whether
 11-8    the child meets the commitment criteria under Subtitle C, Title 7,
 11-9    Health and Safety Code.  If ordered by the court, the information
11-10    must also include expert opinion as to whether the child is unfit
11-11    to proceed with the juvenile court proceedings.
11-12          (c)  After considering all relevant information, including
11-13    information obtained from an examination under Section 51.20, the
11-14    court shall:
11-15                (1)  if the court determines that evidence exists to
11-16    support a finding that the child has a mental illness and that the
11-17    child meets the commitment criteria under Subtitle C, Title 7,
11-18    Health and Safety Code, proceed under Section 55.12; or
11-19                (2)  if the court determines that evidence does not
11-20    exist to support a finding that the child has a mental illness or
11-21    that the child meets the commitment criteria under Subtitle C,
11-22    Title 7, Health and Safety Code, dissolve the stay and continue the
11-23    juvenile court proceedings.
11-24          Sec. 55.12 [55.02].  INITIATION OF COMMITMENT PROCEEDINGS
11-25    [CHILD WITH MENTAL ILLNESS].  If, after considering all relevant
11-26    information, the juvenile court determines that evidence exists to
11-27    support a finding that a child has a mental illness and that the
 12-1    child meets the commitment criteria under Subtitle C, Title 7,
 12-2    Health and Safety Code, the [(a) The] court shall:
 12-3                (1)  initiate proceedings as provided by Section 55.13
 12-4    to order temporary or extended mental health services, as provided
 12-5    in Subchapter C, Chapter 574, Health and Safety Code[, for a child
 12-6    alleged or found to have engaged in delinquent conduct or conduct
 12-7    indicating a need for supervision, if:]
 12-8                [(1)  on motion by a party or the court it is alleged
 12-9    that the child is mentally ill]; or
12-10                (2)  refer the child's case as provided by Section
12-11    55.14 to the appropriate court for the initiation of proceedings in
12-12    that court for commitment of the child under Subchapter C, Chapter
12-13    574, Health and Safety Code.
12-14          Sec. 55.13.  COMMITMENT PROCEEDINGS IN JUVENILE COURT.  (a)
12-15    If the juvenile court initiates proceedings for temporary or
12-16    extended mental health services under Section 55.12(1), the
12-17    prosecuting attorney or the attorney for the child may file with
12-18    the juvenile court an application for court-ordered mental health
12-19    services under Section 574.001, Health and Safety Code.  The
12-20    juvenile court shall:
12-21                (1)  set a date for a hearing and provide notice as
12-22    required by Sections 574.005 and 574.006, Health and Safety Code;
12-23    and
12-24                (2)  conduct the hearing in accordance with Subchapter
12-25    C, Chapter 574, Health and Safety Code.
12-26          (b)  The burden of proof at the hearing is on the party who
12-27    filed the application.
 13-1          (c)  The juvenile court shall appoint the number of
 13-2    physicians necessary to examine the child and to complete the
 13-3    certificates of medical examination for mental illness required
 13-4    under Section 574.009, Health and Safety Code.
 13-5          (d)  After conducting a hearing on an application under this
 13-6    section, the juvenile court shall:
 13-7                (1)  if the criteria under Section 574.034, Health and
 13-8    Safety Code, are satisfied, order temporary mental health services
 13-9    for the child; or
13-10                (2)  if the criteria under Section 574.035, Health and
13-11    Safety Code, are satisfied, order extended mental health services
13-12    for the child.
13-13          Sec. 55.14.  REFERRAL FOR COMMITMENT PROCEEDINGS.  (a)  If
13-14    the juvenile court refers the child's case to the appropriate court
13-15    for the initiation of commitment proceedings under Section
13-16    55.12(2), the juvenile court shall:
13-17                (1)  send all papers relating to the child's mental
13-18    illness to the clerk of the court to which the case is referred;
13-19                (2)  send to the office of the appropriate county
13-20    attorney or, if a county attorney is not available, to the office
13-21    of the appropriate district attorney, copies of all papers sent to
13-22    the clerk of the court under Subdivision (1); and
13-23                (3)  if the child is in detention:
13-24                      (A)  order the child released from detention to
13-25    the child's home or another appropriate place;
13-26                      (B)  order the child detained in an appropriate
13-27    place other than a juvenile detention facility; or
 14-1                      (C)  if an appropriate place to release or detain
 14-2    the child as described by Paragraph (A) or (B) is not available,
 14-3    order the child to remain in the juvenile detention facility
 14-4    subject to further detention orders of the court.
 14-5          (b)  The papers sent to the clerk of a court under Subsection
 14-6    (a)(1) constitute an application for mental health services under
 14-7    Section 574.001, Health and Safety Code.
 14-8          Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
 14-9    MENTAL HEALTH SERVICES.  [a child is found or alleged to be unfit
14-10    to proceed as a result of mental illness under Section 55.04 of
14-11    this chapter or is found not responsible for the child's conduct as
14-12    a result of mental illness under Section 55.05 of this chapter.]
14-13          [(b)  Subtitle C, Title 7, Health and Safety Code, governs
14-14    proceedings for court-ordered mental health services except that
14-15    the juvenile court shall conduct the proceedings whether or not the
14-16    juvenile court is also a county court.]
14-17          [(c)]  If the juvenile court or a court to which the child's
14-18    case is referred under Section 55.12(2) orders mental health
14-19    services for the child, the child shall be cared for, treated, and
14-20    released in conformity to Subtitle C, Title 7, Health and Safety
14-21    Code, except:
14-22                (1)  a [juvenile] court order for mental health
14-23    services for [of] a child automatically expires on the 120th day
14-24    after the date the child becomes 18 years of age; and
14-25                (2)  the administrator of a mental health facility
14-26    shall notify, in writing, by certified mail, return receipt
14-27    requested, the juvenile court that ordered mental health services
 15-1    or the juvenile court that referred the case to a court that
 15-2    ordered the mental health services of the intent to discharge the
 15-3    child at least 10 days prior to discharge.
 15-4          Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
 15-5    PROCEEDINGS.  (a)  If the court to which the child's case is
 15-6    referred under Section 55.12(2) orders temporary or extended
 15-7    inpatient mental health services for the child, the court shall
 15-8    immediately notify in writing the referring juvenile court of the
 15-9    court's order for mental health services.
15-10          (b) [(d)]  If the juvenile court orders temporary or extended
15-11    inpatient mental health services for the child or if the juvenile
15-12    court receives notice under Subsection (a)  from the court to which
15-13    the child's case is referred, the proceedings under this title then
15-14    pending in juvenile court shall be stayed.
15-15          Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
15-16    OF STAY.  (a)  If the court to which a child's case is referred
15-17    under Section 55.12(2) does not order temporary or extended
15-18    inpatient mental health services for the child, the court shall
15-19    immediately notify in writing the referring juvenile court of the
15-20    court's decision.
15-21          (b)  If the juvenile court does not order temporary or
15-22    extended inpatient mental health services for the child or if the
15-23    juvenile court receives notice under Subsection (a) from the court
15-24    to which the child's case is referred, the juvenile court shall
15-25    dissolve the stay and continue the juvenile court proceedings.
15-26          Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
15-27    REACHING 18 YEARS OF AGE.  [(e)] If the child is discharged from
 16-1    the mental health facility before reaching 18 years of age, the
 16-2    juvenile court may:
 16-3                (1)  dismiss the juvenile court proceedings with
 16-4    prejudice; or
 16-5                (2)  continue with proceedings under this title as
 16-6    though no order of mental health services had been made.
 16-7          Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
 16-8    (a) [(f)] The juvenile court shall transfer all pending proceedings
 16-9    from the juvenile court to a criminal court on the 18th birthday of
16-10    a child for whom the juvenile court or a court to which the child's
16-11    case is referred under Section 55.12(2) has ordered inpatient
16-12    mental health services [under this section] if:
16-13                (1)  the child is not discharged or furloughed from the
16-14    inpatient mental health [residential care] facility before reaching
16-15    18 years of age; and
16-16                (2)  the child is alleged to have engaged in delinquent
16-17    conduct that included a violation of a penal law listed in Section
16-18    53.045 and no adjudication concerning the alleged conduct has been
16-19    made.
16-20          (b) [(g)]  The juvenile court shall send notification of the
16-21    transfer of a child under Subsection (a) [(f)] to the inpatient
16-22    mental health [residential care] facility.  The criminal court
16-23    shall, within 90 days of the transfer, institute proceedings under
16-24    Article 46.02, Code of Criminal Procedure.  If those or any
16-25    subsequent proceedings result in a determination that the defendant
16-26    is competent to stand trial, the defendant may not receive a
16-27    punishment for the delinquent conduct described by Subsection
 17-1    (a)(2) [(f)(2)] that results in confinement for a period longer
 17-2    than the maximum period of confinement the defendant could have
 17-3    received if the defendant had been adjudicated for the delinquent
 17-4    conduct while still a child and within the jurisdiction of the
 17-5    juvenile court.
 17-6               (Sections 55.20-55.30 reserved for expansion)
 17-7           SUBCHAPTER C.  CHILD UNFIT TO PROCEED AS A RESULT OF
 17-8                   MENTAL ILLNESS OR MENTAL RETARDATION
 17-9          [Sec. 55.03.  CHILD WITH MENTAL RETARDATION.  (a)  If a child
17-10    is found or alleged to be unfit to proceed as a result of mental
17-11    retardation under Section 55.04 or is found not responsible for the
17-12    child's conduct as a result of mental retardation under Section
17-13    55.05, the court shall order a determination of mental retardation
17-14    and an interdisciplinary team recommendation of the child, as
17-15    provided by Chapter 593, Health and Safety Code, to be performed at
17-16    a facility approved or operated by the Texas Department of Mental
17-17    Health and Mental Retardation or at a community center established
17-18    in accordance with Chapter 534, Health and Safety Code.]
17-19          [(b)  A child alleged or found to have engaged in delinquent
17-20    conduct or conduct indicating a need for supervision may be
17-21    committed to a residential care facility if:]
17-22                [(1)  the child is found unfit to proceed as a result
17-23    of mental retardation under Section 55.04 of this chapter or is
17-24    found not responsible for the child's conduct as a result of mental
17-25    retardation under Section 55.05 of this chapter; and]
17-26                [(2)  the child meets the criteria for commitment as
17-27    provided in Subchapter C, Chapter 593, Health and Safety Code.]
 18-1          [(c)  Subtitle D, Title 7, Health and Safety Code, governs
 18-2    proceedings for commitment of a child under this section except
 18-3    that:]
 18-4                [(1)  the juvenile court shall conduct the proceedings
 18-5    whether or not the juvenile court is also a county court; and]
 18-6                [(2)  on receipt of the court's order entering the
 18-7    findings required by Subtitle D, Title 7, Health and Safety Code,
 18-8    and Subsection (b)(1) of this section, the Texas Department of
 18-9    Mental Health and Mental Retardation or the appropriate community
18-10    center shall admit the child to a residential care facility.]
18-11          [(d)  If the juvenile court enters an order committing the
18-12    child to a residential care facility, the child shall be cared for,
18-13    treated, and released in conformity to Subtitle D, Title 7, Health
18-14    and Safety Code, except that the administrator of the residential
18-15    care facility shall notify, in writing, the juvenile court that
18-16    ordered commitment of the child of the intent to discharge the
18-17    child from the residential care facility or to furlough the child
18-18    to an alternative placement at least 20 days prior to the date of
18-19    the discharge or furlough.]
18-20          [(e)  If the juvenile court orders commitment of a child to a
18-21    residential care facility, the proceedings under this title then
18-22    pending in juvenile court shall be stayed.]
18-23          [(f)  If the child committed to a residential care facility
18-24    is discharged or furloughed from the residential care facility as
18-25    provided by Subsection (d) of this section and in accordance with
18-26    Subtitle D, Title 7, Health and Safety Code, before reaching 18
18-27    years of age, the juvenile court may:]
 19-1                [(1)  dismiss the juvenile court proceedings with
 19-2    prejudice; or]
 19-3                [(2)  continue with proceedings under this title as
 19-4    though no order of commitment had been made.]
 19-5          [(g)  The juvenile court shall transfer all pending
 19-6    proceedings from the juvenile court to a criminal court on the 18th
 19-7    birthday of a child committed to a residential care facility if:]
 19-8                [(1)  the child is not discharged or furloughed from
 19-9    the residential care facility before reaching 18 years of age; and]
19-10                [(2)  the child is alleged to have engaged in
19-11    delinquent conduct that included a violation of a penal law listed
19-12    in Section 53.045.]
19-13          [(h)  The juvenile court shall send notification of the
19-14    transfer of a child under Subsection (g) to the residential care
19-15    facility.  The criminal court shall, within 90 days of the
19-16    transfer, institute proceedings under Article 46.02, Code of
19-17    Criminal Procedure.  If those or any subsequent proceedings result
19-18    in a determination that the defendant is competent to stand trial,
19-19    the defendant may not receive a punishment for the delinquent
19-20    conduct described by Subsection (g)(2) that results in confinement
19-21    for a period longer than the maximum period of confinement the
19-22    defendant could have received if the defendant had been adjudicated
19-23    for the delinquent conduct while still a child and within the
19-24    jurisdiction of the juvenile court.]
19-25          Sec. 55.31 [55.04].  UNFITNESS TO PROCEED DETERMINATION;
19-26    EXAMINATION.  (a)  A child alleged by petition or found to have
19-27    engaged in delinquent conduct or conduct indicating a need for
 20-1    supervision who as a result of mental illness or mental retardation
 20-2    lacks capacity to understand the proceedings in juvenile court or
 20-3    to assist in the child's [his] own defense is unfit to proceed and
 20-4    shall not be subjected to discretionary transfer to criminal court,
 20-5    adjudication, disposition, or modification of disposition as long
 20-6    as such incapacity endures.
 20-7          (b)  On a [If on] motion by a party, the juvenile court shall
 20-8    determine whether probable cause exists to believe that a child who
 20-9    is alleged by petition or who is found to have engaged in
20-10    delinquent conduct or conduct indicating a need for supervision is
20-11    [or the court it is alleged that a child may be] unfit to proceed
20-12    as a result of mental illness or mental retardation[, the court
20-13    shall order appropriate examinations as provided by Section 55.01
20-14    of this chapter].  In making its determination, the court may:
20-15                (1)  consider the motion, supporting documents,
20-16    professional statements of counsel, and witness testimony; and
20-17                (2)  make its own observation of the child.
20-18          (c)  If the court determines that probable cause exists to
20-19    believe that the child is unfit to proceed, the court shall
20-20    temporarily stay the juvenile court proceedings and immediately
20-21    order the child to be examined under Section 51.20.  The
20-22    information obtained from the examination [examinations] must
20-23    include expert opinion as to whether the child is unfit to proceed
20-24    as a result of mental illness or mental retardation.
20-25          (d)  After considering all relevant information, including
20-26    information obtained from an examination under Section 51.20, the
20-27    court shall:
 21-1                (1)  if the court determines that evidence exists to
 21-2    support a finding that the child is unfit to proceed, proceed under
 21-3    Section 55.32; or
 21-4                (2)  if the court determines that evidence does not
 21-5    exist to support a finding that the child is unfit to proceed,
 21-6    dissolve the stay and continue the juvenile court proceedings.
 21-7          Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  (a)  If
 21-8    the juvenile court determines that evidence exists to support a
 21-9    finding that a child is unfit to proceed as a result of mental
21-10    illness or mental retardation, the court shall set the case for a
21-11    hearing on that issue.
21-12          (b) [(c)]  The issue of [court or jury shall determine]
21-13    whether the child is unfit to proceed as a result of mental illness
21-14    or mental retardation shall be determined at a hearing separate
21-15    from any other [the adjudication] hearing.
21-16          (c)  The court shall determine the issue of whether the child
21-17    is unfit to proceed unless the child or the attorney for the child
21-18    demands a jury before the 10th  day before the date of the hearing.
21-19          (d)  Unfitness to proceed as a result of mental illness or
21-20    mental retardation must be proved by a preponderance of the
21-21    evidence.
21-22          (e)  If the court or jury determines that the child is fit to
21-23    proceed, the juvenile court shall continue with proceedings under
21-24    this title as though no question of fitness to proceed had been
21-25    raised.
21-26          (f)  If the court or jury determines that the child is unfit
21-27    to proceed as a result of mental illness or mental retardation, the
 22-1    court shall:
 22-2                (1)  stay the juvenile court proceedings for as long as
 22-3    that incapacity endures; and
 22-4                (2)  proceed under Section 55.33 [initiate proceedings
 22-5    under Section 55.02 or Section 55.03 of this chapter].
 22-6          (g)  [A proceeding to determine fitness to proceed may be
 22-7    joined with proceedings under Sections 55.02 and 55.03 of this
 22-8    chapter.]
 22-9          [(h)]  The fact that the child is unfit to proceed as a
22-10    result of mental illness or mental retardation does not preclude
22-11    any legal objection to the juvenile court proceedings which is
22-12    susceptible of fair determination prior to the adjudication hearing
22-13    and without the personal participation of the child.
22-14          Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
22-15    PROCEED.  (a)  If the juvenile court or jury determines under
22-16    Section 55.32 that a child is unfit to proceed with the juvenile
22-17    court proceedings for delinquent conduct, the court shall:
22-18                (1)  if the unfitness to proceed is a result of mental
22-19    illness or mental retardation:
22-20                      (A)  order the child placed with the Texas
22-21    Department of Mental Health and Mental Retardation for a period of
22-22    not more than 90 days, which order may not specify a shorter
22-23    period, for placement in a facility designated by the department;
22-24    or
22-25                      (B)  on application by the child's parent,
22-26    guardian, or guardian ad litem, order the child placed in a private
22-27    psychiatric inpatient facility for a period of not more than 90
 23-1    days, which order may not specify a shorter period, but only if the
 23-2    placement is agreed to in writing by the administrator of the
 23-3    facility; or
 23-4                (2)  if the unfitness to proceed is a result of mental
 23-5    illness and the court determines that the child may be adequately
 23-6    treated in an alternative setting, order the child to receive
 23-7    treatment for mental illness on an outpatient basis for a period of
 23-8    not more than 90 days, which order may not specify a shorter
 23-9    period.
23-10          (b)  If the court orders a child placed in a private
23-11    psychiatric inpatient facility under Subsection (a)(1)(B), the
23-12    state or a political subdivision of the state is not required to
23-13    pay any costs associated with the child's placement.
23-14          Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
23-15    the court issues a placement order under Section 55.33(a)(1), the
23-16    court shall order the probation department or sheriff's department
23-17    to transport the child to the designated facility.
23-18          (b)  On receipt of a report from a facility to which a child
23-19    has been transported under Subsection (a), the court shall order
23-20    the probation department or sheriff's department to transport the
23-21    child from the facility to the court.  If the child is not
23-22    transported to the court before the 11th day after the date of the
23-23    court's order, an authorized representative of the facility shall
23-24    transport the child from the facility to the court.
23-25          (c)  The county in which the juvenile court is located shall
23-26    reimburse the facility for the costs incurred in transporting the
23-27    child to the juvenile court as required by Subsection (b).
 24-1          Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
 24-2    REPORT TO COURT.  (a)  If the juvenile court issues a placement
 24-3    order under Section 55.33(a), the court shall order the probation
 24-4    department to send copies of any information in the possession of
 24-5    the  department and relevant to the issue of the child's mental
 24-6    illness or mental retardation to the public or private facility or
 24-7    outpatient center, as appropriate.
 24-8          (b)  Not later than the 75th day after the date the court
 24-9    issues a placement order under Section 55.33(a), the public or
24-10    private facility or outpatient center, as appropriate, shall submit
24-11    to the court a report that:
24-12                (1)  describes the treatment of the child provided by
24-13    the facility or center; and
24-14                (2)  states the opinion of the director of the facility
24-15    or center as to whether the child is fit or unfit to proceed.
24-16          (c)  The court shall provide a copy of the report submitted
24-17    under Subsection (b) to the prosecuting attorney and the attorney
24-18    for the child.
24-19          Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
24-20    OBJECTION.  (a)  If a report submitted under Section 55.35(b)
24-21    states that a child is fit to proceed, the juvenile court shall
24-22    find that the child is fit to proceed unless the child's attorney
24-23    objects in writing or in open court not later than the second day
24-24    after the date the attorney receives a copy of the report under
24-25    Section 55.35(c).
24-26          (b)  On objection by the child's attorney under Subsection
24-27    (a), the juvenile court shall promptly hold a hearing to determine
 25-1    whether the child is fit to proceed, except that the hearing may be
 25-2    held after the date that the placement order issued under Section
 25-3    55.33(a) expires.  At the hearing, the court shall determine the
 25-4    issue of the fitness of the child to proceed unless the child or
 25-5    the child's attorney demands in writing a jury before the 10th day
 25-6    before the date of the hearing.
 25-7          (c)  If, after a hearing, the court or jury finds that the
 25-8    child is fit to proceed, the court shall dissolve the stay and
 25-9    continue the juvenile court proceedings as though a question of
25-10    fitness to proceed had not been raised.
25-11          (d)  If, after a hearing, the court or jury finds that the
25-12    child is unfit to proceed, the court shall proceed under Section
25-13    55.37.
25-14          Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
25-15    RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS.  If
25-16    a report submitted under Section 55.35(b) states that a  child is
25-17    unfit to proceed as a result of mental illness and that the child
25-18    meets the commitment criteria for civil commitment under Subtitle
25-19    C, Title 7, Health and Safety Code, the director of the public or
25-20    private facility or outpatient center, as appropriate, shall submit
25-21    to the court two certificates of medical examination for mental
25-22    illness.  On receipt of the certificates, the court shall:
25-23                (1)  initiate proceedings as provided by Section 55.38
25-24    in the juvenile court for commitment of the child under Subtitle C,
25-25    Title 7, Health and Safety Code; or
25-26                (2)  refer the child's case as provided by Section
25-27    55.39 to the appropriate court for the initiation of proceedings in
 26-1    that court for commitment of the child under Subtitle C, Title 7,
 26-2    Health and Safety Code.
 26-3          Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 26-4    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
 26-5    proceedings  under Section 55.37(1), the prosecuting attorney may
 26-6    file with the juvenile court an application for court-ordered
 26-7    mental health services under Section 574.001, Health and Safety
 26-8    Code.  The juvenile court shall:
 26-9                (1)  set a date for a hearing and provide notice as
26-10    required by Sections 574.005 and 574.006, Health and Safety Code;
26-11    and
26-12                (2)  conduct the hearing in accordance with Subchapter
26-13    C, Chapter 574, Health and Safety Code.
26-14          (b)  After conducting a hearing under Subsection (a)(2), the
26-15    juvenile court shall:
26-16                (1)  if the criteria under Section 574.034, Health and
26-17    Safety Code, are satisfied, order temporary mental health services;
26-18    or
26-19                (2)  if the criteria under Section 574.035, Health and
26-20    Safety Code, are satisfied, order extended mental health services.
26-21          Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
26-22    ILLNESS.  (a)  If the juvenile court refers the child's case to an
26-23    appropriate court for the initiation of commitment proceedings
26-24    under Section 55.37(2), the juvenile court shall:
26-25                (1)  send all papers relating to the child's unfitness
26-26    to proceed, including the verdict and judgment of the juvenile
26-27    court finding the child unfit to proceed, to the clerk of the court
 27-1    to which the case is referred;
 27-2                (2)  send to the office of the appropriate county
 27-3    attorney or, if a county attorney is not available, to the office
 27-4    of the appropriate district attorney, copies of all papers sent to
 27-5    the clerk of the court under Subdivision (1); and
 27-6                (3)  if the child is in detention:
 27-7                      (A)  order the child released from detention to
 27-8    the child's home or another appropriate place;
 27-9                      (B)  order the child detained in an appropriate
27-10    place other than a juvenile detention facility; or
27-11                      (C)  if an appropriate place to release or detain
27-12    the child as described by Paragraph (A) or (B) is not available,
27-13    order the child to remain in the juvenile detention facility
27-14    subject to further detention orders of the court.
27-15          (b)  The papers sent to a court under Subsection (a)(1)
27-16    constitute an application for mental health services under Section
27-17    574.001, Health and Safety Code.
27-18          Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
27-19    RESULT OF MENTAL RETARDATION.  If a report submitted under Section
27-20    55.35(b) states that a  child is unfit to proceed as a result of
27-21    mental retardation and that the child meets the commitment criteria
27-22    for civil commitment under Subtitle D, Title 7, Health and Safety
27-23    Code, the director of the residential care facility shall submit to
27-24    the court an affidavit stating the conclusions reached as a result
27-25    of the diagnosis.  On receipt of the affidavit, the court shall:
27-26                (1)  initiate proceedings as provided by Section 55.41
27-27    in the juvenile court for commitment of the child under Subtitle D,
 28-1    Title 7, Health and Safety Code; or
 28-2                (2)  refer the child's case as provided by Section
 28-3    55.42 to the appropriate court for the initiation of proceedings in
 28-4    that court for commitment of the child under Subtitle D, Title 7,
 28-5    Health and Safety Code.
 28-6          Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 28-7    MENTAL RETARDATION.  (a)  If the juvenile court initiates
 28-8    commitment proceedings  under Section 55.40(1), the prosecuting
 28-9    attorney may file with the juvenile court an application for
28-10    placement under Section 593.041, Health and Safety Code.  The
28-11    juvenile court shall:
28-12                (1)  set a date for a hearing and provide notice as
28-13    required by Sections 593.047 and 593.048, Health and Safety Code;
28-14    and
28-15                (2)  conduct the hearing in accordance with Sections
28-16    593.049-593.056, Health and Safety Code.
28-17          (b)  After conducting a hearing under Subsection (a)(2), the
28-18    juvenile court may order commitment of the child to a residential
28-19    care facility if the commitment criteria under Section 593.052,
28-20    Health and Safety Code, are satisfied.
28-21          Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
28-22    RETARDATION.  (a)  If the juvenile court refers the child's case to
28-23    an appropriate court for the initiation of commitment proceedings
28-24    under Section 55.40(2), the juvenile court shall:
28-25                (1)  send all papers relating to the child's mental
28-26    retardation to the clerk of the court to which the case is
28-27    referred;
 29-1                (2)  send to the office of the appropriate county
 29-2    attorney or, if a county attorney is not available, to the office
 29-3    of the appropriate district attorney, copies of all papers sent to
 29-4    the clerk of the court under Subdivision (1); and
 29-5                (3)  if the child is in detention:
 29-6                      (A)  order the child released from detention to
 29-7    the child's home or another appropriate place;
 29-8                      (B)  order the child detained in an appropriate
 29-9    place other than a juvenile detention facility; or
29-10                      (C)  if an appropriate place to release or detain
29-11    the child as described by Paragraph (A) or (B) is not available,
29-12    order the child to remain in the juvenile detention facility
29-13    subject to further detention orders of the court.
29-14          (b)  The papers sent to a court under Subsection (a)(1)
29-15    constitute an application for placement under Section 593.041,
29-16    Health and Safety Code.
29-17          Sec. 55.43.  RESTORATION HEARING.  (a)  The prosecuting
29-18    attorney may file with the juvenile court a motion for a
29-19    restoration hearing concerning a child if:
29-20                (1)  the child is found unfit to proceed as a result of
29-21    mental illness or mental retardation; and
29-22                (2)  the child:
29-23                      (A)  is not:
29-24                            (i)  ordered by a court to receive
29-25    inpatient mental health services;
29-26                            (ii)  committed by a court to a residential
29-27    care facility; or
 30-1                            (iii)  ordered by a court to receive
 30-2    treatment on an outpatient basis; or
 30-3                      (B)  is discharged or furloughed from a mental
 30-4    health facility or outpatient center before the child reaches 18
 30-5    years of age.
 30-6          (b)  At the restoration hearing, the court shall determine
 30-7    the issue of whether the child is fit to proceed.
 30-8          (c)  The restoration hearing shall be conducted without a
 30-9    jury.
30-10          (d)  The issue of fitness to proceed must be proved by a
30-11    preponderance of the evidence.
30-12          (e)  If, after a hearing, the court finds that the child is
30-13    fit to proceed, the court shall continue the juvenile court
30-14    proceedings.
30-15          (f)  If, after a hearing, the court finds that the child is
30-16    unfit to proceed, the court shall dismiss the motion for
30-17    restoration.
30-18          Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
30-19    CHILD.  (a)  The juvenile court shall transfer all pending
30-20    proceedings from the juvenile court to a criminal court on the 18th
30-21    birthday of a child for whom the juvenile court or a court to which
30-22    the child's case is referred has ordered inpatient mental health
30-23    services or residential care for persons with mental retardation
30-24    if:
30-25                (1)  the child is not discharged or furloughed from the
30-26    facility before reaching 18 years of age; and
30-27                (2)  the child is alleged to have engaged in delinquent
 31-1    conduct that included a violation of a penal law listed in Section
 31-2    53.045 and no adjudication concerning the alleged conduct has been
 31-3    made.
 31-4          (b)  The juvenile court shall send notification of the
 31-5    transfer of a child under Subsection (a) to the facility.  The
 31-6    criminal court shall, before the 91st day after the date of the
 31-7    transfer, institute proceedings under Article 46.02, Code of
 31-8    Criminal Procedure.  If those or any subsequent proceedings result
 31-9    in a determination that the defendant is competent to stand trial,
31-10    the defendant may not receive a punishment for the delinquent
31-11    conduct described by Subsection (a)(2) that results in confinement
31-12    for a period longer than the maximum period of confinement the
31-13    defendant could have received if the defendant had been adjudicated
31-14    for the delinquent conduct while still a child and within the
31-15    jurisdiction of the juvenile court.
31-16               (Sections 55.45-55.50 reserved for expansion
31-17           SUBCHAPTER D.  LACK OF RESPONSIBILITY FOR CONDUCT AS
31-18             A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
31-19          Sec. 55.51 [55.05].  LACK OF RESPONSIBILITY FOR CONDUCT
31-20    DETERMINATION; EXAMINATION.  (a)  A child alleged by petition to
31-21    have engaged in delinquent conduct or conduct indicating a need for
31-22    supervision is not responsible for the conduct if at the time of
31-23    the conduct, as a result of mental illness or mental retardation,
31-24    the child [he] lacks substantial capacity either to appreciate the
31-25    wrongfulness of the child's [his] conduct or to conform the child's
31-26    [his] conduct to the requirements of law.
31-27          (b)  On a [If on] motion by [of] a party in which [or the
 32-1    court] it is alleged that a [the] child may not be responsible as a
 32-2    result of mental illness or mental retardation for the child's
 32-3    conduct, the court shall order the child to be examined under
 32-4    [appropriate examinations as provided by] Section 51.20 [55.01 of
 32-5    this chapter].  The information obtained from the examinations must
 32-6    include expert opinion as to whether the child is not responsible
 32-7    for the child's conduct as a result of mental illness or mental
 32-8    retardation.
 32-9          (c)  The issue of whether the child is not responsible for
32-10    the child's [his] conduct as a result of mental illness or mental
32-11    retardation shall be tried to the court or jury in the adjudication
32-12    hearing.
32-13          (d)  Lack of responsibility for conduct as a result of mental
32-14    illness or mental retardation must be proved by a preponderance of
32-15    the evidence.
32-16          (e)  In its findings or verdict the court or jury must state
32-17    whether the child is not responsible for the child's [his] conduct
32-18    as a result of mental illness or mental retardation.
32-19          (f)  If the court or jury finds the child is not responsible
32-20    for the child's [his] conduct as a result of mental illness or
32-21    mental retardation, the court shall proceed [initiate proceedings]
32-22    under Section 55.52 [55.02 or 55.03 of this chapter].
32-23          (g)  A child found to be not responsible for the child's
32-24    [his] conduct as a result of mental illness or mental retardation
32-25    shall not be subject to proceedings under this title with respect
32-26    to such conduct, other than proceedings under Section 55.52 [55.02
32-27    or 55.03 of this chapter].
 33-1          Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
 33-2    RESPONSIBILITY FOR CONDUCT.  (a)  If the court or jury finds that a
 33-3    child is not responsible for the child's conduct under Section
 33-4    55.51, the court shall:
 33-5                (1)  if the lack of responsibility is a result of
 33-6    mental illness or mental retardation:
 33-7                      (A)  order the child placed with the Texas
 33-8    Department of Mental Health and Mental Retardation for a period of
 33-9    not more than 90 days, which order may not specify a shorter
33-10    period, for placement in a facility designated by the department;
33-11    or
33-12                      (B)  on application by the child's parent,
33-13    guardian, or guardian ad litem, order the child placed in a private
33-14    psychiatric inpatient facility for a period of not more than 90
33-15    days, which order may not specify a shorter period, but only if the
33-16    placement is agreed to in writing by the administrator of the
33-17    facility; or
33-18                (2)  if the child's lack of responsibility is a result
33-19    of mental illness and the court determines that the child may be
33-20    adequately treated in an alternative setting, order the child to
33-21    receive treatment on an outpatient basis for a period of not more
33-22    than 90 days, which order may not specify a shorter period.
33-23          (b)  If the court orders a child placed in a private
33-24    psychiatric inpatient facility under Subsection (a)(1)(B), the
33-25    state or a political subdivision of the state is not required to
33-26    pay any costs associated with the child's placement.
33-27          Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
 34-1    the court issues a placement order under Section 55.52(a)(1), the
 34-2    court shall order the probation department or sheriff's department
 34-3    to transport the child to the designated facility.
 34-4          (b)  On receipt of a report from a facility to which a child
 34-5    has been transported under Subsection (a), the court shall order
 34-6    the probation department or sheriff's department to transport the
 34-7    child from the facility to the court.  If the child is not
 34-8    transported to the court before the 11th day after the date of the
 34-9    court's order, an authorized representative of the facility shall
34-10    transport the child from the facility to the court.
34-11          (c)  The county in which the juvenile court is located shall
34-12    reimburse the facility for the costs incurred in transporting the
34-13    child to the juvenile court as required by Subsection (b).
34-14          Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
34-15    REPORT TO COURT.  (a)  If the juvenile court issues a placement
34-16    order under Section 55.52(a), the court shall order the probation
34-17    department to send copies of any information in the possession of
34-18    the department and relevant to the issue of the child's mental
34-19    illness or mental retardation to the public or private facility or
34-20    outpatient center, as appropriate.
34-21          (b)  Not later than the 75th day after the date the court
34-22    issues a placement order under Section 55.52(a), the public or
34-23    private facility or outpatient center, as appropriate, shall submit
34-24    to the court a report that:
34-25                (1)  describes the treatment of the child provided by
34-26    the facility or center; and
34-27                (2)  states the opinion of the director of the facility
 35-1    or center as to whether the child is mentally ill or mentally
 35-2    retarded.
 35-3          (c)  The court shall send a copy of the report submitted
 35-4    under Subsection (b) to the prosecuting attorney and the attorney
 35-5    for the child.
 35-6          Sec. 55.55.  REPORT THAT CHILD IS NOT MENTALLY ILL OR
 35-7    MENTALLY RETARDED; HEARING ON OBJECTION.  (a)  If a report
 35-8    submitted under Section 55.54(b) states that a child does not have
 35-9    a mental illness or mental retardation, the juvenile court shall
35-10    discharge the child unless:
35-11                (1)  an adjudication hearing was conducted concerning
35-12    conduct that included a violation of a penal law listed in Section
35-13    53.045(a) and a petition was approved by a grand jury under Section
35-14    53.045; and
35-15                (2)  the prosecuting attorney objects in writing not
35-16    later than the second day after the date the attorney receives a
35-17    copy of the report under Section 55.54(c).
35-18          (b)  On objection by the prosecuting attorney under
35-19    Subsection (a), the juvenile court shall hold a hearing without a
35-20    jury to determine whether the child has a mental illness or mental
35-21    retardation and whether the child meets the commitment criteria for
35-22    civil commitment under Subtitle C or D, Title 7, Health and Safety
35-23    Code.
35-24          (c)  At the hearing, the burden is on the state to prove by
35-25    clear and convincing evidence that the child has a mental illness
35-26    or mental retardation and that the child meets the commitment
35-27    criteria for civil commitment under Subtitle C or D, Title 7,
 36-1    Health and Safety Code.
 36-2          (d)  If, after a hearing, the court finds that the child does
 36-3    not have a mental illness or mental retardation and that the child
 36-4    does not meet the commitment criteria under Subtitle C or D, Title
 36-5    7, Health and Safety Code, the court shall discharge the child.
 36-6          (e)  If, after a hearing, the court finds that the child has
 36-7    a mental illness or mental retardation and that the child meets the
 36-8    commitment criteria under Subtitle C or D, Title 7, Health and
 36-9    Safety Code, the court shall issue an appropriate commitment order.
36-10          Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
36-11    OF COMMITMENT PROCEEDINGS.  If a report submitted under Section
36-12    55.54(b) states that a child has a mental illness and that the
36-13    child meets the commitment criteria for civil commitment under
36-14    Subtitle C, Title 7, Health and Safety Code, the director of the
36-15    public or private facility or outpatient center, as appropriate,
36-16    shall submit to the court two certificates of medical examination
36-17    for mental illness.  On receipt of the certificates, the court
36-18    shall:
36-19                (1)  initiate proceedings as provided by Section 55.57
36-20    in the juvenile court for commitment of the child under Subtitle C,
36-21    Title 7, Health and Safety Code; or
36-22                (2)  refer the child's case as provided by Section
36-23    55.58 to the appropriate court for the initiation of proceedings in
36-24    that court for commitment of the child under Subtitle C, Title 7,
36-25    Health and Safety Code.
36-26          Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
36-27    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
 37-1    proceedings  under Section 55.56(1), the prosecuting attorney may
 37-2    file with the juvenile court an application for court-ordered
 37-3    mental health services under Section 574.001, Health and Safety
 37-4    Code.  The juvenile court shall:
 37-5                (1)  set a date for a hearing and provide notice as
 37-6    required by Sections 574.005 and 574.006, Health and Safety Code;
 37-7    and
 37-8                (2)  conduct the hearing in accordance with Subchapter
 37-9    C, Chapter 574, Health and Safety Code.
37-10          (b)  After conducting a hearing under Subsection (a)(2), the
37-11    juvenile court shall:
37-12                (1)  if the criteria under Section 574.034, Health and
37-13    Safety Code, are satisfied, order temporary mental health services;
37-14    or
37-15                (2)  if the criteria under Section 574.035, Health and
37-16    Safety Code, are satisfied, order extended mental health services.
37-17          Sec. 55.58.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
37-18    ILLNESS.  (a)  If the juvenile court refers the child's case to an
37-19    appropriate court for the initiation of commitment proceedings
37-20    under Section 55.56(2), the juvenile court shall:
37-21                (1)  send all papers relating to the child's mental
37-22    illness, including the verdict and judgment of the juvenile court
37-23    finding that the child was not responsible for the child's conduct,
37-24    to the clerk of the court to which the case is referred;
37-25                (2)  send to the office of the appropriate county
37-26    attorney or, if a county attorney is not available, to the office
37-27    of the district attorney, copies of all papers sent to the clerk of
 38-1    the court under Subdivision (1); and
 38-2                (3)  if the child is in detention:
 38-3                      (A)  order the child released from detention to
 38-4    the child's home or another appropriate place;
 38-5                      (B)  order the child detained in an appropriate
 38-6    place other than a juvenile detention facility; or
 38-7                      (C)  if an appropriate place to release or detain
 38-8    the child as described by Paragraph (A) or (B) is not available,
 38-9    order the child to remain in the juvenile detention facility
38-10    subject to further detention orders of the court.
38-11          (b)  The papers sent to a court under Subsection (a)(1)
38-12    constitute an application for mental health services under Section
38-13    574.001, Health and Safety Code.
38-14          Sec. 55.59.  REPORT THAT CHILD HAS MENTAL RETARDATION;
38-15    INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under
38-16    Section 55.54(b) states that a child has mental retardation and
38-17    that the child meets the commitment criteria for civil commitment
38-18    under Subtitle D, Title 7, Health and Safety Code, the director of
38-19    the residential care facility shall submit to the court an
38-20    affidavit stating the conclusions reached as a result of the
38-21    diagnosis.  On receipt of an affidavit, the juvenile court shall:
38-22                (1)  initiate proceedings in the juvenile court as
38-23    provided by Section 55.60 for commitment of the child under
38-24    Subtitle D, Title 7, Health and Safety Code; or
38-25                (2)  refer the child's case to the appropriate court as
38-26    provided by Section 55.61 for the initiation of proceedings in that
38-27    court for commitment of the child under Subtitle D, Title 7, Health
 39-1    and Safety Code.
 39-2          Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
 39-3    MENTAL RETARDATION.  (a)  If the juvenile court initiates
 39-4    commitment proceedings  under Section 55.59(1), the prosecuting
 39-5    attorney may file with the juvenile court an application for
 39-6    placement under Section 593.041, Health and Safety Code.  The
 39-7    juvenile court shall:
 39-8                (1)  set a date for a hearing and provide notice as
 39-9    required by Sections 593.047 and 593.048, Health and Safety Code;
39-10    and
39-11                (2)  conduct the hearing in accordance with Sections
39-12    593.049-593.056, Health and Safety Code.
39-13          (b)  After conducting a hearing under Subsection (a)(2), the
39-14    juvenile court may order commitment of the child to a residential
39-15    care facility only if the commitment criteria under Section
39-16    593.052, Health and Safety Code, are satisfied.
39-17          Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
39-18    RETARDATION.  (a)  If the juvenile court refers the child's case to
39-19    an appropriate court for the initiation of commitment proceedings
39-20    under Section 55.59(2), the juvenile court shall:
39-21                (1)  send all papers relating to the child's mental
39-22    retardation to the clerk of the court to which the case is
39-23    referred;
39-24                (2)  send to the office of the appropriate county
39-25    attorney or, if a county attorney is not available, to the office
39-26    of the appropriate district attorney, copies of all papers sent to
39-27    the clerk of the court under Subdivision (1); and
 40-1                (3)  if the child is in detention:
 40-2                      (A)  order the child released from detention to
 40-3    the child's home or another appropriate place;
 40-4                      (B)  order the child detained in an appropriate
 40-5    place other than a juvenile detention facility; or
 40-6                      (C)  if an appropriate place to release or detain
 40-7    the child as described by Paragraph (A) or (B) is not available,
 40-8    order the child to remain in the juvenile detention facility
 40-9    subject to further detention orders of the court.
40-10          (b)  The papers sent to a court under Subsection (a)(1)
40-11    constitute an application for placement under Section 593.041,
40-12    Health and Safety Code.
40-13          SECTION 12.  Section 56.01(c), Family Code, is amended to
40-14    read as follows:
40-15          (c)  An appeal may be taken:
40-16                (1)  by or on behalf of a child from an order entered
40-17    under:
40-18                      (A)  Section 54.03 [of this code] with regard to
40-19    delinquent conduct or conduct indicating a need for supervision;
40-20                      (B)  Section 54.04 [of this code] disposing of
40-21    the case;
40-22                      (C)  Section 54.05 [of this code] respecting
40-23    modification of a previous juvenile court disposition; or
40-24                      (D)  Chapter 55 by a juvenile court [of this
40-25    code] committing a child to a facility for the mentally ill or
40-26    mentally retarded; or
40-27                (2)  by a person from an order entered under Section
 41-1    54.11(i)(2) [of this code] transferring the person to the custody
 41-2    of the institutional division of the Texas Department of Criminal
 41-3    Justice.
 41-4          SECTION 13.  Section 58.001(c), Family Code, is amended to
 41-5    read as follows:
 41-6          (c)  A law enforcement agency shall [may] forward
 41-7    information, including [photographs and] fingerprints, relating to
 41-8    a child who has been [detained or] taken into custody under Section
 41-9    52.01 by the agency to the Department of Public Safety for
41-10    inclusion in the juvenile justice information system created under
41-11    Subchapter B, but only if the child is referred to juvenile court
41-12    on or before the 10th day after the date the child is [detained or]
41-13    taken into custody under Section 52.01.  If the child is not
41-14    referred to juvenile court within that time, the law enforcement
41-15    agency shall destroy all information, including photographs and
41-16    fingerprints, relating to the child unless the child is placed in a
41-17    first offender program under Section 52.031 or on informal
41-18    disposition under Section 52.03.  The law enforcement agency may
41-19    not forward any information to the Department of Public Safety
41-20    relating to the child while the child is in a first offender
41-21    program under Section 52.031, or during the 90 days following
41-22    successful completion of the program or while the child is on
41-23    informal disposition under Section 52.03.  Except as provided by
41-24    Subsection (f), after the date the child completes an informal
41-25    disposition under Section 52.03 or after the 90th day after the
41-26    date the child successfully completes a first offender program
41-27    under Section 52.031, the law enforcement agency shall destroy all
 42-1    information, including photographs and fingerprints, relating to
 42-2    the child.
 42-3          SECTION 14.  Sections 58.002(a) and (c), Family Code, are
 42-4    amended to read as follows:
 42-5          (a)  Except as provided by Chapter 79, Human Resources Code,
 42-6    a child may not be photographed or fingerprinted without the
 42-7    consent of the juvenile court unless the child is taken into
 42-8    custody or referred to the juvenile court for conduct that
 42-9    constitutes a felony or a misdemeanor punishable by confinement in
42-10    jail.
42-11          (c)  A [This section does not prohibit a] law enforcement
42-12    officer is not prohibited under this section or Chapter 61, Code of
42-13    Criminal Procedure, from photographing or fingerprinting a child
42-14    who is not in custody if the child or the child's parent or
42-15    guardian voluntarily consents in writing to the photographing or
42-16    fingerprinting of the child.  A written consent under this
42-17    subsection must show that the child or the child's parent or
42-18    guardian, as appropriate:
42-19                (1)  voluntarily consents to the officer photographing
42-20    or fingerprinting the child; and
42-21                (2)  understands that:
42-22                      (A)  the child or the child's parent or guardian
42-23    may refuse to provide a written consent under this subsection; and
42-24                      (B)  if the child or the child's parent or
42-25    guardian refuses to provide a written consent, the officer may not
42-26    photograph or fingerprint the child.
42-27          SECTION 15.  Section 58.007, Family Code, is amended by
 43-1    amending Subsection (b) and adding Subsection (h) to read as
 43-2    follows:
 43-3          (b)  Except as provided by Article 15.27, Code of Criminal
 43-4    Procedure, the records and files of a juvenile court, a clerk of
 43-5    court, a juvenile probation department, or a prosecuting attorney
 43-6    relating to a child who is a party to a proceeding under this title
 43-7    are open to inspection only by:
 43-8                (1)  the judge, probation officers, and professional
 43-9    staff or consultants of the juvenile court;
43-10                (2)  a juvenile justice agency as that term is defined
43-11    by Section 58.101;
43-12                (3)  an attorney for a party to the proceeding;
43-13                (4)  a public or private agency or institution
43-14    providing supervision of the child by arrangement of the juvenile
43-15    court, or having custody of the child under juvenile court order;
43-16    [or]
43-17                (5)  a law enforcement agency, except that:
43-18                      (A)  the records and files of a juvenile
43-19    probation department are open to inspection by the agency only if
43-20    the chief juvenile probation officer consents to the inspection in
43-21    accordance with guidelines adopted by the county juvenile board;
43-22    and
43-23                      (B)  the records and files of a prosecuting
43-24    attorney are open to inspection by the agency only if the
43-25    prosecuting attorney consents to the inspection; or
43-26                (6)  with leave of the juvenile court, any other
43-27    person, agency, or institution having a legitimate interest in the
 44-1    proceeding or in the work of the court.
 44-2          (h)  The juvenile court may disseminate to the public the
 44-3    following information relating to a child who is the subject of a
 44-4    directive to apprehend or a warrant of arrest and who cannot be
 44-5    located for the purpose of apprehension:
 44-6                (1)  the child's name, including other names by which
 44-7    the child is known;
 44-8                (2)  the child's physical description, including sex,
 44-9    weight, height, race, ethnicity, eye color, hair color, scars,
44-10    marks, and tattoos;
44-11                (3)  a photograph of the child; and
44-12                (4)  a description of the conduct the child is alleged
44-13    to have committed, including the level and degree of the alleged
44-14    offense.
44-15          SECTION 16.  Section 58.106(c), Family Code, is amended to
44-16    read as follows:
44-17          (c)  The department may, if necessary to protect the welfare
44-18    of the community, disseminate to the public the following
44-19    information relating to a juvenile [offender] who has escaped from
44-20    the custody of the Texas Youth Commission or from another secure
44-21    detention or correctional facility:
44-22                (1)  the juvenile's [juvenile offender's] name,
44-23    including other names by which the juvenile [offender] is known;
44-24                (2)  the juvenile's [juvenile offender's] physical
44-25    description, including sex, weight, height, race, ethnicity, eye
44-26    color, hair color, scars, marks, and tattoos;
44-27                (3)  a photograph of the juvenile [offender]; and
 45-1                (4)  a description of the conduct for which the
 45-2    juvenile [offender] was committed to the Texas Youth Commission or
 45-3    detained in the secure detention or correctional facility,
 45-4    including the level and degree of the alleged offense.
 45-5          SECTION 17.  Section 59.003(a), Family Code, is amended to
 45-6    read as follows:
 45-7          (a)  Subject to Subsection (e), after a child's first
 45-8    commission of delinquent conduct or conduct indicating a need for
 45-9    supervision, the probation department or prosecuting attorney may,
45-10    or the juvenile court may, in a disposition hearing under Section
45-11    54.04 or a modification hearing under Section 54.05, assign a child
45-12    one of the following sanction levels according to the child's
45-13    conduct:
45-14                (1)  for conduct indicating a need for supervision,
45-15    other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
45-16    or a Class A or B misdemeanor, the sanction level is one;
45-17                (2)  for conduct indicating a need for supervision
45-18    under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
45-19    misdemeanor, other than a misdemeanor involving the use or
45-20    possession of a firearm, or for delinquent conduct under Section
45-21    51.03(a)(2) or (3), the sanction level is two;
45-22                (3)  for a misdemeanor involving the use or possession
45-23    of a firearm or for a state jail felony or a felony of the third
45-24    degree, the sanction level is three;
45-25                (4)  for a felony of the second degree, the sanction
45-26    level is four;
45-27                (5)  for a felony of the first degree, other than a
 46-1    felony involving the use of a deadly weapon or causing serious
 46-2    bodily injury, the sanction level is five;
 46-3                (6)  for a felony of the first degree involving the use
 46-4    of a deadly weapon or causing serious bodily injury, for an
 46-5    aggravated controlled substance felony, or for a capital felony,
 46-6    the sanction level is six; or
 46-7                (7)  for a felony of the first degree involving the use
 46-8    of a deadly weapon or causing serious bodily injury, for an
 46-9    aggravated controlled substance felony, or for a capital felony, if
46-10    the petition has been approved by a grand jury under Section
46-11    53.045, or if a petition to transfer the child to criminal court
46-12    has been filed under Section 54.02, the sanction level is seven.
46-13          SECTION 18.  Section 59.005(a), Family Code,     is amended
46-14    to read as follows:
46-15          (a)  For a child at sanction level two, the juvenile court,
46-16    the prosecuting attorney, or the probation department may, as
46-17    provided by Section 53.03:
46-18                (1)  place the child on deferred prosecution [or
46-19    court-ordered probation] for not less than three months or more
46-20    than six months;
46-21                (2)  require the child to make restitution to the
46-22    victim of the child's conduct or perform community service
46-23    restitution appropriate to the nature and degree of harm caused and
46-24    according to the child's ability;
46-25                (3)  require the child's parents or guardians to
46-26    identify restrictions the parents or guardians will impose on the
46-27    child's activities and requirements the parents or guardians will
 47-1    set for the child's behavior;
 47-2                (4)  provide the information required under Sections
 47-3    59.004(a)(2) and (4);
 47-4                (5)  require the child or the child's parents or
 47-5    guardians to participate in a program for services under Section
 47-6    264.302, if a program under Section 264.302 is available to the
 47-7    child or the child's parents or guardians;
 47-8                (6)  refer the child to a community-based citizen
 47-9    intervention program approved by the juvenile court; and
47-10                (7)  if appropriate, impose additional conditions of
47-11    probation.
47-12          SECTION 19.  Section 59.014, Family Code, is amended to read
47-13    as follows:
47-14          Sec. 59.014.  APPEAL.  A child may not bring an appeal or a
47-15    postconviction writ of habeas corpus based on the:
47-16                (1)  [The] failure or inability of any person to
47-17    provide a service listed under Sections 59.004-59.010;
47-18                (2)  [or the] failure of a court or of any person to
47-19    make a sanction level assignment as provided in Section 59.002 or
47-20    59.003; or
47-21                (3)  failure of a juvenile court or probation
47-22    department to report a deviation from the guidelines as required by
47-23    Section 59.003(e) [may not be used by a child as a ground for
47-24    appeal or for a postconviction writ of habeas corpus].
47-25          SECTION 20.  Section 232.002, Family Code, is amended to read
47-26    as follows:
47-27          Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
 48-1    following state agencies are licensing authorities subject to this
 48-2    chapter:
 48-3                (1)  Department of Agriculture;
 48-4                (2)  Texas Commission on Alcohol and Drug Abuse;
 48-5                (3)  Texas Alcoholic Beverage Commission;
 48-6                (4)  Texas Appraiser Licensing and Certification Board;
 48-7                (5)  Texas Board of Architectural Examiners;
 48-8                (6)  State Board of Barber Examiners;
 48-9                (7)  Texas Board of Chiropractic Examiners;
48-10                (8)  Comptroller of Public Accounts;
48-11                (9)  Texas Cosmetology Commission;
48-12                (10)  Court Reporters Certification Board;
48-13                (11)  State Board of Dental Examiners;
48-14                (12)  Texas State Board of Examiners of Dietitians;
48-15                (13)  Texas Funeral Service Commission;
48-16                (14)  Texas Department of Health;
48-17                (15)  Texas Department of Human Services;
48-18                (16)  Texas Board of Professional Land Surveying;
48-19                (17)  Texas Department of Licensing and Regulation;
48-20                (18)  Texas State Board of Examiners of Marriage and
48-21    Family Therapists;
48-22                (19)  Texas State Board of Medical Examiners;
48-23                (20)  Midwifery Board;
48-24                (21)  Texas Natural Resource Conservation Commission;
48-25                (22)  Board of Nurse Examiners;
48-26                (23)  Texas Board of Occupational Therapy Examiners;
48-27                (24)  Texas Optometry Board;
 49-1                (25)  Parks and Wildlife Department;
 49-2                (26)  Texas State Board of Examiners of Perfusionists;
 49-3                (27)  Texas State Board of Pharmacy;
 49-4                (28)  Texas Board of Physical Therapy Examiners;
 49-5                (29)  Texas State Board of Plumbing Examiners;
 49-6                (30)  Texas State Board of Podiatric Medical Examiners;
 49-7                (31)  Polygraph Examiners Board;
 49-8                (32)  Texas Board of Private Investigators and Private
 49-9    Security Agencies;
49-10                (33)  Texas State Board of Examiners of Professional
49-11    Counselors;
49-12                (34)  State Board of Registration for Professional
49-13    Engineers;
49-14                (35)  Department of Protective and Regulatory Services;
49-15                (36)  Texas State Board of Examiners of Psychologists;
49-16                (37)  Texas State Board of Public Accountancy;
49-17                (38)  Department of Public Safety of the State of
49-18    Texas;
49-19                (39)  Public Utility Commission of Texas;
49-20                (40)  Railroad Commission of Texas;
49-21                (41)  Texas Real Estate Commission;
49-22                (42)  State Bar of Texas;
49-23                (43)  Texas State Board of Social Worker Examiners;
49-24                (44)  State Board of Examiners for Speech-Language
49-25    Pathology and Audiology;
49-26                (45)  Texas Structural Pest Control Board;
49-27                (46)  Board of Tax Professional Examiners;
 50-1                (47)  Secretary of State;
 50-2                (48)  Supreme Court of Texas;
 50-3                (49)  Texas Transportation Commission;
 50-4                (50)  State Board of Veterinary Medical Examiners;
 50-5                (51)  Board of Vocational Nurse Examiners;
 50-6                (52)  Texas Ethics Commission;
 50-7                (53)  Advisory Board of Athletic Trainers;
 50-8                (54)  State Committee of Examiners in the Fitting and
 50-9    Dispensing of Hearing Instruments;
50-10                (55)  Texas Board of Licensure for Professional Medical
50-11    Physicists; [and]
50-12                (56)  Texas Department of Insurance;[.]
50-13                (57)  Texas Board of Orthotics and Prosthetics; and
50-14                (58)  Texas Juvenile Probation Commission.
50-15          SECTION 21.  Section 261.103, Family Code, is amended to read
50-16    as follows:
50-17          Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  (a)
50-18    Except as provided by Subsection (b), a [A] report shall be made
50-19    to:
50-20                (1)  any local or state law enforcement agency;
50-21                (2)  the department if the alleged or suspected abuse
50-22    involves a person responsible for the care, custody, or welfare of
50-23    the child;
50-24                (3)  the state agency that operates, licenses,
50-25    certifies, or registers the facility in which the alleged abuse or
50-26    neglect occurred; or
50-27                (4)  the agency designated by the court to be
 51-1    responsible for the protection of children.
 51-2          (b)  A report may be made to the Texas Youth Commission
 51-3    instead of the entities listed under Subsection (a) if the report
 51-4    is based on information provided by a child while under the
 51-5    supervision of the commission concerning the child's alleged abuse
 51-6    of another child.
 51-7          SECTION 22.  Section 261.105, Family Code, is amended by
 51-8    adding Subsection (e) to read as follows:
 51-9          (e)  In cooperation with the department, the Texas Youth
51-10    Commission by rule shall adopt guidelines for identifying a report
51-11    made to the commission under Section 261.103(b) that is appropriate
51-12    to refer to the department or a law enforcement agency for
51-13    investigation.  Guidelines adopted under this subsection must
51-14    require the commission to consider the severity and immediacy of
51-15    the alleged abuse or neglect of the child victim.
51-16          SECTION 23.  Section 261.405, Family Code, as amended by
51-17    Chapters 162 and 1374, Acts of the 75th Legislature, Regular
51-18    Session, 1997, is reenacted and amended to read as follows:
51-19          Sec. 261.405.  INVESTIGATIONS IN [PRE-ADJUDICATION AND
51-20    POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
51-21    (a)  A report of alleged abuse or neglect in a public or private
51-22    juvenile pre-adjudication secure detention facility, including
51-23    hold-over facilities, or public or private juvenile
51-24    post-adjudication secure correctional facility, except for a
51-25    facility operated solely for children committed to the Texas Youth
51-26    Commission, shall be made to a local law enforcement agency for
51-27    investigation.  The local law enforcement agency shall immediately
 52-1    notify the Texas Juvenile Probation Commission of any report the
 52-2    agency receives.
 52-3          (b)  The Texas Juvenile Probation Commission shall conduct an
 52-4    investigation as provided by this chapter if the commission
 52-5    receives a report of alleged abuse or neglect in any program,
 52-6    including a juvenile justice alternative education program,
 52-7    operated wholly or partly by:
 52-8                (1)  a local juvenile probation department; or
 52-9                (2)  a private vendor operating under the authority of
52-10    a county juvenile board in accordance with the standards adopted by
52-11    the commission.
52-12          (c)  In an investigation required under this section, the
52-13    investigating agency shall have access to medical and mental health
52-14    records as provided by Subchapter D.
52-15          SECTION 24.  The heading to Article 4.18, Code of Criminal
52-16    Procedure, is amended to read as follows:
52-17          Art. 4.18.  CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
52-18    JUVENILE COURT].
52-19          SECTION 25.  Article 4.18, Code of Criminal Procedure, is
52-20    amended by adding Subsection (g) to read as follows:
52-21          (g)  This article does not apply to a claim of a defect or
52-22    error in a discretionary transfer proceeding in juvenile court.  A
52-23    defendant may appeal a defect or error only as provided by Article
52-24    44.47.
52-25          SECTION 26.  Section 8(c), Article 42.09, Code of Criminal
52-26    Procedure, is amended to read as follows:
52-27          (c)  A county that transfers a defendant to the Texas
 53-1    Department of Criminal Justice under this article shall also
 53-2    deliver to the designated officer any presentence or postsentence
 53-3    investigation report, revocation report, psychological or
 53-4    psychiatric evaluation of the defendant, including an evaluation
 53-5    prepared for the juvenile court before transferring the defendant
 53-6    to criminal court and contained in the criminal prosecutor's file,
 53-7    and available social or psychological background information
 53-8    relating to the defendant and may deliver to the designated officer
 53-9    any additional information upon which the judge or jury bases the
53-10    punishment decision.
53-11          SECTION 27.  Section 576.025(a), Health and Safety Code, is
53-12    amended to read as follows:
53-13          (a)  A person may not administer a psychoactive medication to
53-14    a patient receiving voluntary or involuntary mental health services
53-15    who refuses the administration unless:
53-16                (1)  the patient is having a medication-related
53-17    emergency;
53-18                (2)  the patient is younger than 16 years of age and
53-19    the patient's parent, managing conservator, or guardian consents to
53-20    the administration on behalf of the patient;
53-21                (3)  the refusing patient's representative authorized
53-22    by law to consent on behalf of the patient has consented to the
53-23    administration;
53-24                (4)  the administration of the medication regardless of
53-25    the patient's refusal is authorized by an order issued under
53-26    Section 574.106; or
53-27                (5)  the patient is receiving court-ordered mental
 54-1    health services authorized by an order issued under:
 54-2                      (A)  Article 46.02 or  46.03, Code of Criminal
 54-3    Procedure; or
 54-4                      (B)  Chapter 55, Family Code.
 54-5          SECTION 28.  Section 61.077, Human Resources Code, is amended
 54-6    by adding Subsections (c)-(f) to read as follows:
 54-7          (c)  If a child who is discharged from the commission under
 54-8    Subsection (b) as a result of mental illness is not receiving
 54-9    court-ordered mental health services, the child's discharge is
54-10    effective on the earlier of:
54-11                (1)  the date the court enters an order regarding an
54-12    application for mental health services filed under Section
54-13    61.0772(b); or
54-14                (2)  the 30th day after the date the application is
54-15    filed.
54-16          (d)  If a child who is discharged from the commission under
54-17    Subsection (b) as a result of mental illness is receiving
54-18    court-ordered mental health services, the child's discharge from
54-19    the commission is effective immediately.  If the child is receiving
54-20    mental health services outside the child's home county, the
54-21    commission shall notify the mental health authority located in that
54-22    county of the discharge not later than the 30th day after the date
54-23    that the child's discharge is effective.
54-24          (e)  If a child who is discharged from the commission under
54-25    Subsection (b) as a result of mental retardation is not receiving
54-26    mental retardation services, the child's discharge is effective on
54-27    the earlier of:
 55-1                (1)  the date the court enters an order regarding an
 55-2    application for mental retardation services filed under Section
 55-3    61.0772(c); or
 55-4                (2)  the 30th day after the date that the application
 55-5    is filed.
 55-6          (f)  If a child who is discharged from the commission under
 55-7    Subsection (b) as a result of mental retardation is receiving
 55-8    mental retardation services, the child's discharge from the
 55-9    commission is effective immediately.
55-10          SECTION 29.  Sections 61.0772(b) and (c), Human Resources
55-11    Code, are amended to read as follows:
55-12          (b)  Before [Not later than the 30th day before the date] a
55-13    child who is identified as mentally ill is discharged from the
55-14    commission's custody under Section 61.077(b), a commission
55-15    psychiatrist shall examine the child. The commission [psychiatrist]
55-16    shall file a sworn application for court-ordered mental health
55-17    services, as provided in Subchapter C, Chapter 574, Health and
55-18    Safety Code, if:
55-19                (1)  the child is not receiving court-ordered mental
55-20    health services; and
55-21                (2)  the psychiatrist who examined the child determines
55-22    that the child is mentally ill and the child meets at least one of
55-23    the criteria listed in Section 574.034, Health and Safety Code.
55-24          (c)  Before [Not later than the 30th day before the date] a
55-25    child who is identified as mentally retarded under Chapter 593,
55-26    Health and Safety Code, is discharged from the commission's custody
55-27    under Section 61.077(b), the commission shall refer the child for
 56-1    [a determination of] mental retardation services if the child is
 56-2    not receiving mental retardation services [and an interdisciplinary
 56-3    team recommendation of the child, as provided by Chapter 593,
 56-4    Health and Safety Code, to be performed at a facility approved or
 56-5    operated by the Texas Department of Mental Health and Mental
 56-6    Retardation or at a community center established in accordance with
 56-7    Chapter 534, Health and Safety Code].
 56-8          SECTION 30.  Section 61.093(b), Human Resources Code, is
 56-9    amended to read as follows:
56-10          (b)  A child who is arrested or taken into custody under
56-11    Subsection (a) [of this section] may be detained in any suitable
56-12    place, including an adult jail facility if the person is 17 years
56-13    of age or older, until the child is returned to the custody of the
56-14    commission or transported to a commission facility.
56-15          SECTION 31.  Section 729.001(c), Transportation Code, is
56-16    amended to read as follows:
56-17          (c)  An offense under this section is punishable by the fine
56-18    or other sanction, other than confinement or imprisonment,
56-19    authorized by statute for violation of the traffic law listed under
56-20    Subsection (a) that is the basis of the prosecution under this
56-21    section  [a Class C misdemeanor].
56-22          SECTION 32.  Section 729.002(b), Transportation Code, is
56-23    amended to read as follows:
56-24          (b)  An offense under this section is punishable in the same
56-25    manner as if the person was 17 years of age or older and operated a
56-26    motor vehicle without a license as described by Subsection (a),
56-27    except that an offense under this section is not punishable by
 57-1    confinement or imprisonment [a Class C misdemeanor].
 57-2          SECTION 33.  Sections 141.0475 and 141.0476, Human Resources
 57-3    Code, are repealed.
 57-4          SECTION 34.  (a)  Except as provided otherwise by this
 57-5    section, the change in law made by this Act applies only to conduct
 57-6    that occurs on or after the effective date of this Act.  Conduct
 57-7    violating a penal law of the state occurs on or after the effective
 57-8    date of this Act if every element of the violation occurs on or
 57-9    after that date.  Conduct that occurs before the effective date of
57-10    this Act is covered by the law in effect at the time the conduct
57-11    occurred, and the former law is continued in effect for that
57-12    purpose.
57-13          (b)  The change in law made by Sections 13, 15, and 16 of
57-14    this Act applies to the dissemination or inspection of information
57-15    on or after the effective date of this Act without regard to
57-16    whether the information was compiled before, on, or after that
57-17    date.
57-18          (c)  The change in law made by Section 23 of this Act applies
57-19    only to a report received by a local law enforcement agency or the
57-20    Texas Juvenile Probation Commission on or after the effective date
57-21    of this Act.
57-22          SECTION 35.  This Act takes effect September 1, 1999.
57-23          SECTION 36.  The importance of this legislation and the
57-24    crowded condition of the calendars in both houses create an
57-25    emergency and an imperative public necessity that the
57-26    constitutional rule requiring bills to be read on three several
57-27    days in each house be suspended, and this rule is hereby suspended.