1-1     By:  Goodman, Keel, et al. (Senate Sponsor - Harris)  H.B. No. 3517
 1-2           (In the Senate - Received from the House May 7, 1999;
 1-3     May 10, 1999, read first time and referred to Committee on
 1-4     Jurisprudence; May 14, 1999, reported favorably by the following
 1-5     vote:  Yeas 3, Nays 0; May 14, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the detention, adjudication, and disposition of certain
 1-9     persons within the juvenile justice system.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 51.095, Family Code, is amended by adding
1-12     Subsection (d) to read as follows:
1-13           (d)  A juvenile law referee or master may perform the duties
1-14     imposed on a magistrate under this section without the approval of
1-15     the juvenile court if the juvenile board of the county in which the
1-16     statement of the child is made has authorized a referee or master
1-17     to perform the duties of a magistrate under this section.
1-18           SECTION 2.  Section 51.12(h), Family Code, is amended to read
1-19     as follows:
1-20           (h)  This section does not apply to a person:
1-21                 (1)  after transfer to criminal court for prosecution
1-22     under Section 54.02; or
1-23                 (2)  who is at least 17 [18] years of age and who has
1-24     been taken into custody after having:
1-25                       (A)  escaped from a juvenile facility operated by
1-26     or under contract with the Texas Youth Commission; or
1-27                       (B)  violated a condition [of probation or] of
1-28     release under supervision of the Texas Youth Commission.
1-29           SECTION 3.  Section 51.17(c), Family Code, is amended to read
1-30     as follows:
1-31           (c)  Except as otherwise provided by this title, the Texas
1-32     Rules of [Criminal] Evidence applicable to criminal cases and
1-33     Chapter 38, Code of Criminal Procedure, apply in a judicial
1-34     proceeding under this title.
1-35           SECTION 4.  Chapter 51, Family Code, is amended by adding
1-36     Section 51.20 to read as follows:
1-37           Sec. 51.20.  PHYSICAL OR MENTAL EXAMINATION.  (a)   At any
1-38     stage of the proceedings under this title, the juvenile court may
1-39     order a child who is referred to the juvenile court or who is
1-40     alleged by a petition or found to have engaged in delinquent
1-41     conduct or conduct indicating a need for supervision to be examined
1-42     by an appropriate expert, including a physician, psychiatrist, or
1-43     psychologist.
1-44           (b)  If, after conducting an examination of a child ordered
1-45     under Subsection (a) and reviewing any other relevant information,
1-46     there is reason to believe that the child has a mental illness or
1-47     mental retardation, the probation department shall refer the child
1-48     to the local mental health or mental retardation authority for
1-49     evaluation and services, unless the prosecuting attorney has filed
1-50     a petition under Section 53.04.
1-51           SECTION 5.  Section 52.02(c), Family Code, is amended to read
1-52     as follows:
1-53           (c)  A person who takes a child into custody and who has
1-54     reasonable grounds to believe that the child has been operating a
1-55     motor vehicle in a public place while having any detectable amount
1-56     of alcohol in the child's system may, before complying with
1-57     Subsection (a):
1-58                 (1)  take the child to a place to obtain a specimen of
1-59     the child's breath or blood as provided by Chapter 724,
1-60     Transportation Code; and
1-61                 (2)  perform intoxilyzer processing and videotaping of
1-62     the child in an adult processing office of a law enforcement agency
1-63     [police department].
1-64           SECTION 6.  Chapter 53, Family Code, is amended by adding
 2-1     Section 53.035 to read as follows:
 2-2           Sec. 53.035.  GRAND JURY REFERRAL.  (a)  The prosecuting
 2-3     attorney may, before filing a petition under Section 53.04, refer
 2-4     an offense to a grand jury in the county in which the offense is
 2-5     alleged to have been committed.
 2-6           (b)  The grand jury has the same jurisdiction and powers to
 2-7     investigate the facts and circumstances concerning an offense
 2-8     referred to the grand jury under this section as it has to
 2-9     investigate other criminal activity.
2-10           (c)  If the grand jury votes to take no action on an offense
2-11     referred to the grand jury under this section, the prosecuting
2-12     attorney may not file a petition under Section 53.04 concerning the
2-13     offense unless the same or a successor grand jury approves the
2-14     filing of the petition.
2-15           (d)  If the grand jury votes for approval of the prosecution
2-16     of an offense referred to the grand jury under this section, the
2-17     prosecuting attorney may file a petition under Section 53.04.
2-18           (e)  The approval of the prosecution of an offense by a grand
2-19     jury under this section does not constitute approval of a petition
2-20     by a grand jury for purposes of Section 53.045.
2-21           SECTION 7.  Section 54.01, Family Code, is amended by adding
2-22     Subsection (p) to read as follows:
2-23           (p)  If a child has not been released under Section 53.02 or
2-24     this section and a petition has not been filed under Section 53.04
2-25     concerning the child, the court shall order the child released from
2-26     detention not later than:
2-27                 (1)  the 30th working day after the date the initial
2-28     detention hearing is held, if the child is alleged to have engaged
2-29     in conduct constituting a capital felony, an aggravated controlled
2-30     substance felony, or a felony of the first degree; or
2-31                 (2)  the 15th working day after the date the initial
2-32     detention hearing is held, if the child is alleged to have engaged
2-33     in conduct constituting an offense other than an offense listed in
2-34     Subdivision (1).
2-35           SECTION 8.  Section 54.02, Family Code, is amended by
2-36     amending Subsections (h) and (j) and adding Subsections (o)-(r) to
2-37     read as follows:
2-38           (h)  If the juvenile court waives jurisdiction, it shall
2-39     state specifically in the order its reasons for waiver and certify
2-40     its action, including the written order and findings of the court,
2-41     and shall transfer the person to the appropriate court for criminal
2-42     proceedings and cause the results of the diagnostic study of the
2-43     person ordered under Subsection (d), including psychological
2-44     information, to be transferred to  the appropriate criminal
2-45     prosecutor.  On transfer of the person for criminal proceedings,
2-46     the person shall be dealt with as an adult and in accordance with
2-47     the Code of Criminal Procedure.  The transfer of custody is an
2-48     arrest.
2-49           (j)  The juvenile court may waive its exclusive original
2-50     jurisdiction and transfer a person to the appropriate district
2-51     court or criminal district court for criminal proceedings if:
2-52                 (1)  the person is 18 years of age or older;
2-53                 (2)  the person was:
2-54                       (A)  10 years of age or older and under 17 years
2-55     of age at the time the person is alleged to have committed a
2-56     capital felony or an offense under Section 19.02, Penal Code;
2-57                       (B)  14 years of age or older and under 17 years
2-58     of age at the time the person [he] is alleged to have committed [a
2-59     capital felony,] an aggravated controlled substance felony[,] or a
2-60     felony of the first degree other than an offense under Section
2-61     19.02, Penal Code; or
2-62                       (C) [(B)]  15 years of age or older and under 17
2-63     years of age at the time the person is alleged to have committed a
2-64     felony of the second or third degree or a state jail felony;
2-65                 (3)  no adjudication concerning the alleged offense has
2-66     been made or no adjudication hearing concerning the offense has
2-67     been conducted;
2-68                 (4)  the juvenile court finds from a preponderance of
2-69     the evidence that:
 3-1                       (A)  for a reason beyond the control of the state
 3-2     it was not practicable to proceed in juvenile court before the 18th
 3-3     birthday of the person; or
 3-4                       (B)  after due diligence of the state it was not
 3-5     practicable to proceed in juvenile court before the 18th birthday
 3-6     of the person because:
 3-7                             (i)  the state did not have probable cause
 3-8     to proceed in juvenile court and new evidence has been found since
 3-9     the 18th birthday of the person;
3-10                             (ii)  the person could not be found; or
3-11                             (iii)  a previous transfer order was
3-12     reversed by an appellate court or set aside by a district court;
3-13     and
3-14                 (5)  the juvenile court determines that there is
3-15     probable cause to believe that the child before the court committed
3-16     the offense alleged.
3-17           (o)  If a respondent is taken into custody for possible
3-18     discretionary transfer proceedings under Subsection (j), the
3-19     juvenile court shall hold a detention hearing in the same manner as
3-20     provided by Section 54.01, except that the court shall order the
3-21     respondent released unless it finds that the respondent:
3-22                 (1)  is likely to abscond or be removed from the
3-23     jurisdiction of the court;
3-24                 (2)  may be dangerous to himself or herself or may
3-25     threaten the safety of the public if released; or
3-26                 (3)  has previously been found to be a delinquent child
3-27     or has previously been convicted of a penal offense punishable by a
3-28     term of jail or prison and is likely to commit an offense if
3-29     released.
3-30           (p)  If the juvenile court does not order a respondent
3-31     released under Subsection (o), the court shall, pending the
3-32     conclusion of the discretionary transfer hearing, order that the
3-33     respondent be detained in:
3-34                 (1)  a certified juvenile detention facility as
3-35     provided by Subsection (q); or
3-36                 (2)  an appropriate county facility for the detention
3-37     of adults accused of criminal offenses.
3-38           (q)  The detention of a respondent in a certified juvenile
3-39     detention facility must comply with the detention requirements
3-40     under this title, except that, to the extent practicable, the
3-41     person shall be kept separate from children detained in the same
3-42     facility.
3-43           (r)  If the juvenile court orders a respondent detained in a
3-44     county facility under Subsection (p), the county sheriff shall take
3-45     custody of the respondent under the juvenile court's order.  The
3-46     juvenile court shall set or deny bond for the respondent as
3-47     required by the Code of Criminal Procedure and other law applicable
3-48     to the pretrial detention of adults accused of criminal offenses.
3-49           SECTION 9.  Sections 54.03(d) and (f), Family Code, are
3-50     amended to read as follows:
3-51           (d)  Except as provided by Section 54.031 [of this chapter],
3-52     only material, relevant, and competent evidence in accordance with
3-53     the Texas Rules of [Criminal] Evidence applicable to criminal cases
3-54     and Chapter 38, Code of Criminal Procedure, may be considered in
3-55     the adjudication hearing.  Except in a detention or discretionary
3-56     transfer hearing, a social history report or social service file
3-57     shall not be viewed by the court before the adjudication decision
3-58     and shall not be viewed by the jury at any time.
3-59           (f)  At the conclusion of the adjudication hearing, the court
3-60     or jury shall find whether or not the child has engaged in
3-61     delinquent conduct or conduct indicating a need for supervision.
3-62     The finding must be based on competent evidence admitted at the
3-63     hearing.  The child shall be presumed to be innocent of the charges
3-64     against the child [him] and no finding that a child has engaged in
3-65     delinquent conduct or conduct indicating a need for supervision may
3-66     be returned unless the state has proved such beyond a reasonable
3-67     doubt.  In all jury cases the jury will be instructed that the
3-68     burden is on the state to prove that a child has engaged in
3-69     delinquent conduct or is in need of supervision beyond a reasonable
 4-1     doubt.  A child may be adjudicated as having engaged in conduct
 4-2     constituting a lesser included offense as provided by Articles
 4-3     37.08 and 37.09, Code of Criminal Procedure.
 4-4           SECTION 10.  Section 54.04, Family Code, is amended by
 4-5     amending Subsection (l) and adding Subsection (q) to read as
 4-6     follows:
 4-7           (l)  Except as provided by Subsection (q), a [A] court or
 4-8     jury may place a child on probation under Subsection (d)(1) [of
 4-9     this section] for any period, except that probation may not
4-10     continue on or after the child's 18th birthday.  Except as provided
4-11     by Subsection (q), the [The] court may, before the period of
4-12     probation ends, extend the probation for any period, except that
4-13     the probation may not extend to or after the child's 18th birthday.
4-14           (q)  If a court or jury sentences a child to commitment in
4-15     the Texas Youth Commission under Subsection (d)(3) for a term of
4-16     not more than 10 years, the court or jury may place the child on
4-17     probation under Subsection (d)(1) as an alternative to making the
4-18     disposition under Subsection (d)(3).  The court shall prescribe the
4-19     period of probation ordered under this subsection for a term of not
4-20     more than 10 years.  The court may, before the sentence of
4-21     probation expires, extend the probationary period under Section
4-22     54.05, except that the sentence of probation and any extension may
4-23     not exceed 10 years.  The court may, before the child's 18th
4-24     birthday, discharge the child from the sentence of probation.  If a
4-25     sentence of probation ordered under this subsection and any
4-26     extension of probation ordered under Section 54.05 will continue
4-27     after the child's 18th birthday, the court shall discharge the
4-28     child from the sentence of probation on the child's 18th birthday
4-29     unless the court transfers the child to an appropriate district
4-30     court under Section 54.051.
4-31           SECTION 11.  Section 54.05, Family Code, is amended by
4-32     amending Subsections (f)-(h) and adding Subsection (j) to read as
4-33     follows:
4-34           (f)  Except as provided by Subsection (j), a [A] disposition
4-35     based on a finding that the child engaged in delinquent conduct may
4-36     be modified so as to commit the child to the Texas Youth Commission
4-37     if the court after a hearing to modify disposition finds by a
4-38     preponderance of the evidence that the child violated a reasonable
4-39     and lawful order of the court.  A disposition based on a finding
4-40     that the child engaged in habitual felony conduct as described by
4-41     Section 51.031 [of this code] or in delinquent conduct that
4-42     included a violation of a penal law listed in Section 53.045(a) [of
4-43     this code] may be modified to commit the child to the Texas Youth
4-44     Commission with a possible transfer to the institutional division
4-45     or the pardons and paroles division of the Texas Department of
4-46     Criminal Justice for a definite term prescribed by Section
4-47     54.04(d)(3) [of this code] if the original petition was approved by
4-48     the grand jury under Section 53.045 [of this code] and if after a
4-49     hearing to modify the disposition the court [or jury] finds that
4-50     the child violated a reasonable and lawful order of the court.
4-51           (g)  Except as provided by Subsection (j), a [A] disposition
4-52     based solely on a finding that the child engaged in conduct
4-53     indicating a need for supervision may not be modified to commit the
4-54     child to the Texas Youth Commission.  A new finding in compliance
4-55     with Section 54.03 [of this code] must be made that the child
4-56     engaged in delinquent conduct as defined in Section 51.03(a) [of
4-57     this code].
4-58           (h)  A hearing shall be held prior to commitment to the Texas
4-59     Youth Commission as a modified disposition.  In other disposition
4-60     modifications, the child and the child's [his] parent, guardian,
4-61     guardian ad litem, or attorney may waive hearing in accordance with
4-62     Section 51.09 [of this code.  A child in jeopardy of a sentence for
4-63     a determinate term is entitled to a jury of 12 persons on the
4-64     issues of the violation of the court's orders and the sentence].
4-65           (j)  If, after conducting a hearing to modify disposition
4-66     without a jury, the court finds by a preponderance of the evidence
4-67     that a child violated a reasonable and lawful condition of
4-68     probation ordered under Section 54.04(q), the court may modify the
4-69     disposition to commit the child to the Texas Youth Commission under
 5-1     Section 54.04(d)(3) for a term that does not exceed the original
 5-2     sentence assessed by the court or jury.
 5-3           SECTION 12.  Chapter 54, Family Code, is amended by adding
 5-4     Section 54.051 to read as follows:
 5-5           Sec. 54.051.  TRANSFER OF DETERMINATE SENTENCE PROBATION TO
 5-6     APPROPRIATE DISTRICT COURT.  (a)  On motion of the state concerning
 5-7     a child who is placed on probation under Section 54.04(q) for a
 5-8     period, including any extension ordered under Section 54.05, that
 5-9     will continue after the child's 18th birthday, the juvenile court
5-10     shall hold a hearing to determine whether to transfer the child to
5-11     an appropriate district court or discharge the child from the
5-12     sentence of probation.
5-13           (b)  The hearing must be conducted before the child's 18th
5-14     birthday and in the same manner as a hearing to modify disposition
5-15     under Section 54.05.
5-16           (c)  If, after a hearing, the court determines to discharge
5-17     the child, the court shall specify a date on or before the child's
5-18     18th birthday to discharge the child from the sentence of
5-19     probation.
5-20           (d)  If, after a hearing, the court determines to transfer
5-21     the child, the court shall transfer the child to an appropriate
5-22     district court on the child's 18th birthday.
5-23           (e)  A district court that exercises jurisdiction over a
5-24     child transferred under Subsection (d) shall place the child on
5-25     community supervision under Article 42.12, Code of Criminal
5-26     Procedure, for the remainder of the child's probationary period and
5-27     under conditions consistent with those ordered by the juvenile
5-28     court.  If a child who is placed on community supervision under
5-29     this subsection violates a condition of that supervision or if the
5-30     child violated a condition of probation ordered under Section
5-31     54.04(q) and that probation violation was not discovered by the
5-32     state before the child's 18th birthday, the district court shall
5-33     dispose of the violation of community supervision or probation, as
5-34     appropriate, in the same manner as if the court had originally
5-35     exercised jurisdiction over the case.  The time that a child serves
5-36     on probation ordered under Section 54.04(q) is the same as time
5-37     served on community supervision ordered under this subsection for
5-38     purposes of determining the child's eligibility for early discharge
5-39     from community supervision under Section 20, Article 42.12, Code of
5-40     Criminal Procedure.
5-41           (f)  The juvenile court may transfer a child to an
5-42     appropriate district court as provided by this section without a
5-43     showing that the child violated a condition of probation ordered
5-44     under Section 54.04(q).
5-45           SECTION 13.  Section 54.10(a), Family Code, is amended to
5-46     read as follows:
5-47           (a)  Except as provided by Subsection (c) [of this section],
5-48     a [the] hearing under Section [provided in Sections 54.01,] 54.03,
5-49     54.04, or [and] 54.05, including a jury trial, a hearing under
5-50     Chapter 55, including a jury trial, or a [of this code and the]
5-51     hearing under [provided in] Article IV, Article V, and Article VI
5-52     of the Uniform Interstate Compact on Juveniles (Chapter 60 [25 of
5-53     this code]) may be held by a referee appointed in accordance with
5-54     Section 51.04(g) or a master appointed under Chapter 54, Government
5-55     Code, [of this code]  provided:
5-56                 (1)  the parties have been informed by the referee or
5-57     master that they are entitled to have the hearing before the
5-58     juvenile court judge [or in the case of a detention hearing
5-59     provided for in Section 54.01 of this code, a substitute judge as
5-60     authorized by Section 51.04(f) of this code]; and [or]
5-61                 (2)  after each party is given an opportunity to
5-62     object, no party objects to holding the hearing before the referee
5-63     or master [the child and the attorney for the child have in
5-64     accordance with the requirements of Section 51.09 of this code
5-65     waived the right to have the hearing before the juvenile court
5-66     judge or substitute judge].
5-67           SECTION 14.  Chapter 55, Family Code, is amended to read as
5-68     follows:
5-69                 CHAPTER 55. PROCEEDINGS CONCERNING CHILDREN
 6-1                  WITH MENTAL ILLNESS OR MENTAL RETARDATION
 6-2                      SUBCHAPTER A.  GENERAL PROVISIONS
 6-3           Sec. 55.01.  MEANING OF "HAVING A MENTAL ILLNESS."  For
 6-4     purposes of this chapter, a child who is described as having a
 6-5     mental illness means a child who suffers from mental illness as
 6-6     defined by Section 571.003, Health and Safety Code [PHYSICAL OR
 6-7     MENTAL EXAMINATION.  (a)  At any stage of the proceedings under
 6-8     this title, the juvenile court may order a child alleged by
 6-9     petition or found to have engaged in delinquent conduct or conduct
6-10     indicating a need for supervision to be examined by appropriate
6-11     experts, including a physician, psychiatrist, or psychologist.]
6-12           [(b)  If an examination ordered under Subsection (a) of this
6-13     section is to determine whether the child is mentally retarded, the
6-14     examination must consist of a determination of mental retardation
6-15     and an interdisciplinary team recommendation, as provided by
6-16     Chapter 593, Health and Safety Code, and shall be conducted at a
6-17     facility approved or operated by the Texas Department of Mental
6-18     Health and Mental Retardation or at a community center established
6-19     in accordance with Chapter 534, Health and Safety Code].
6-20           Sec. 55.02.  MENTAL HEALTH AND MENTAL RETARDATION
6-21     JURISDICTION.  For the purpose of initiating proceedings to order
6-22     mental health or mental retardation services for a child or for
6-23     commitment of a child as provided by this chapter, the juvenile
6-24     court has jurisdiction of proceedings under Subtitle C or D, Title
6-25     7, Health and Safety Code.
6-26           Sec. 55.03.  STANDARDS OF CARE.  (a)  Except as provided by
6-27     this chapter, a child for whom inpatient mental health services is
6-28     ordered by a court under this chapter shall be cared for as
6-29     provided by Subtitle C, Title 7, Health and Safety Code.
6-30           (b)  Except as provided by this chapter, a child who is
6-31     committed by a court to a residential care facility for mental
6-32     retardation shall be cared for as provided by Subtitle D, Title 7,
6-33     Health and Safety Code.
6-34                (Sections 55.04-55.10 reserved for expansion)
6-35                  SUBCHAPTER B.  CHILD WITH MENTAL ILLNESS
6-36           Sec. 55.11.  MENTAL ILLNESS DETERMINATION; EXAMINATION.  (a)
6-37     On a motion by a party, the juvenile court shall determine whether
6-38     probable cause exists to believe that a child who is alleged by
6-39     petition or found to have engaged in delinquent conduct or conduct
6-40     indicating a need for supervision has a mental illness.  In making
6-41     its determination, the court may:
6-42                 (1)  consider the motion, supporting documents,
6-43     professional statements of counsel, and witness testimony; and
6-44                 (2)  make its own observation of the child.
6-45           (b)  If the court determines that probable cause exists to
6-46     believe that the child has a mental illness, the court shall
6-47     temporarily stay the juvenile court proceedings and immediately
6-48     order the child to be examined under Section 51.20.  The
6-49     information obtained from the examination must include expert
6-50     opinion as to whether the child has a mental illness and whether
6-51     the child meets the commitment criteria under Subtitle C, Title 7,
6-52     Health and Safety Code.  If ordered by the court, the information
6-53     must also include expert opinion as to whether the child is unfit
6-54     to proceed with the juvenile court proceedings.
6-55           (c)  After considering all relevant information, including
6-56     information obtained from an examination under Section 51.20, the
6-57     court shall:
6-58                 (1)  if the court determines that evidence exists to
6-59     support a finding that the child has a mental illness and that the
6-60     child meets the commitment criteria under Subtitle C, Title 7,
6-61     Health and Safety Code, proceed under Section 55.12; or
6-62                 (2)  if the court determines that evidence does not
6-63     exist to support a finding that the child has a mental illness or
6-64     that the child meets the commitment criteria under Subtitle C,
6-65     Title 7, Health and Safety Code, dissolve the stay and continue the
6-66     juvenile court proceedings.
6-67           Sec. 55.12 [55.02].  INITIATION OF COMMITMENT PROCEEDINGS
6-68     [CHILD WITH MENTAL ILLNESS].  If, after considering all relevant
6-69     information, the juvenile court determines that evidence exists to
 7-1     support a finding that a child has a mental illness and that the
 7-2     child meets the commitment criteria under Subtitle C, Title 7,
 7-3     Health and Safety Code, the [(a) The] court shall:
 7-4                 (1)  initiate proceedings as provided by Section 55.13
 7-5     to order temporary or extended mental health services, as provided
 7-6     in Subchapter C, Chapter 574, Health and Safety Code[, for a child
 7-7     alleged or found to have engaged in delinquent conduct or conduct
 7-8     indicating a need for supervision, if:]
 7-9                 [(1)  on motion by a party or the court it is alleged
7-10     that the child is mentally ill]; or
7-11                 (2)  refer the child's case as provided by Section
7-12     55.14 to the appropriate court for the initiation of proceedings in
7-13     that court for commitment of the child under Subchapter C, Chapter
7-14     574, Health and Safety Code.
7-15           Sec. 55.13.  COMMITMENT PROCEEDINGS IN JUVENILE COURT.  (a)
7-16     If the juvenile court initiates proceedings for temporary or
7-17     extended mental health services under Section 55.12(1), the
7-18     prosecuting attorney or the attorney for the child may file with
7-19     the juvenile court an application for court-ordered mental health
7-20     services under Section 574.001, Health and Safety Code.  The
7-21     juvenile court shall:
7-22                 (1)  set a date for a hearing and provide notice as
7-23     required by Sections 574.005 and 574.006, Health and Safety Code;
7-24     and
7-25                 (2)  conduct the hearing in accordance with Subchapter
7-26     C, Chapter 574, Health and Safety Code.
7-27           (b)  The burden of proof at the hearing is on the party who
7-28     filed the application.
7-29           (c)  The juvenile court shall appoint the number of
7-30     physicians necessary to examine the child and to complete the
7-31     certificates of medical examination for mental illness required
7-32     under Section 574.009, Health and Safety Code.
7-33           (d)  After conducting a hearing on an application under this
7-34     section, the juvenile court shall:
7-35                 (1)  if the criteria under Section 574.034, Health and
7-36     Safety Code, are satisfied, order temporary mental health services
7-37     for the child; or
7-38                 (2)  if the criteria under Section 574.035, Health and
7-39     Safety Code, are satisfied, order extended mental health services
7-40     for the child.
7-41           Sec. 55.14.  REFERRAL FOR COMMITMENT PROCEEDINGS.  (a)  If
7-42     the juvenile court refers the child's case to the appropriate court
7-43     for the initiation of commitment proceedings under Section
7-44     55.12(2), the juvenile court shall:
7-45                 (1)  send all papers relating to the child's mental
7-46     illness to the clerk of the court to which the case is referred;
7-47                 (2)  send to the office of the appropriate county
7-48     attorney or, if a county attorney is not available, to the office
7-49     of the appropriate district attorney, copies of all papers sent to
7-50     the clerk of the court under Subdivision (1); and
7-51                 (3)  if the child is in detention:
7-52                       (A)  order the child released from detention to
7-53     the child's home or another appropriate place;
7-54                       (B)  order the child detained in an appropriate
7-55     place other than a juvenile detention facility; or
7-56                       (C)  if an appropriate place to release or detain
7-57     the child as described by Paragraph (A) or (B) is not available,
7-58     order the child to remain in the juvenile detention facility
7-59     subject to further detention orders of the court.
7-60           (b)  The papers sent to the clerk of a court under Subsection
7-61     (a)(1) constitute an application for mental health services under
7-62     Section 574.001, Health and Safety Code.
7-63           Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR
7-64     MENTAL HEALTH SERVICES.  [a child is found or alleged to be unfit
7-65     to proceed as a result of mental illness under Section 55.04 of
7-66     this chapter or is found not responsible for the child's conduct as
7-67     a result of mental illness under Section 55.05 of this chapter.]
7-68           [(b)  Subtitle C, Title 7, Health and Safety Code, governs
7-69     proceedings for court-ordered mental health services except that
 8-1     the juvenile court shall conduct the proceedings whether or not the
 8-2     juvenile court is also a county court.]
 8-3           [(c)]  If the juvenile court or a court to which the child's
 8-4     case is referred under Section 55.12(2) orders mental health
 8-5     services for the child, the child shall be cared for, treated, and
 8-6     released in conformity to Subtitle C, Title 7, Health and Safety
 8-7     Code, except:
 8-8                 (1)  a [juvenile] court order for mental health
 8-9     services for [of] a child automatically expires on the 120th day
8-10     after the date the child becomes 18 years of age; and
8-11                 (2)  the administrator of a mental health facility
8-12     shall notify, in writing, by certified mail, return receipt
8-13     requested, the juvenile court that ordered mental health services
8-14     or the juvenile court that referred the case to a court that
8-15     ordered the mental health services of the intent to discharge the
8-16     child at least 10 days prior to discharge.
8-17           Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF
8-18     PROCEEDINGS.  (a)  If the court to which the child's case is
8-19     referred under Section 55.12(2) orders temporary or extended
8-20     inpatient mental health services for the child, the court shall
8-21     immediately notify in writing the referring juvenile court of the
8-22     court's order for mental health services.
8-23           (b) [(d)]  If the juvenile court orders temporary or extended
8-24     inpatient mental health services for the child or if the juvenile
8-25     court receives notice under Subsection (a)  from the court to which
8-26     the child's case is referred, the proceedings under this title then
8-27     pending in juvenile court shall be stayed.
8-28           Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION
8-29     OF STAY.  (a)  If the court to which a child's case is referred
8-30     under Section 55.12(2) does not order temporary or extended
8-31     inpatient mental health services for the child, the court shall
8-32     immediately notify in writing the referring juvenile court of the
8-33     court's decision.
8-34           (b)  If the juvenile court does not order temporary or
8-35     extended inpatient mental health services for the child or if the
8-36     juvenile court receives notice under Subsection (a) from the court
8-37     to which the child's case is referred, the juvenile court shall
8-38     dissolve the stay and continue the juvenile court proceedings.
8-39           Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
8-40     REACHING 18 YEARS OF AGE.  [(e)] If the child is discharged from
8-41     the mental health facility before reaching 18 years of age, the
8-42     juvenile court may:
8-43                 (1)  dismiss the juvenile court proceedings with
8-44     prejudice; or
8-45                 (2)  continue with proceedings under this title as
8-46     though no order of mental health services had been made.
8-47           Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.
8-48     (a) [(f)] The juvenile court shall transfer all pending proceedings
8-49     from the juvenile court to a criminal court on the 18th birthday of
8-50     a child for whom the juvenile court or a court to which the child's
8-51     case is referred under Section 55.12(2) has ordered inpatient
8-52     mental health services [under this section] if:
8-53                 (1)  the child is not discharged or furloughed from the
8-54     inpatient mental health [residential care] facility before reaching
8-55     18 years of age; and
8-56                 (2)  the child is alleged to have engaged in delinquent
8-57     conduct that included a violation of a penal law listed in Section
8-58     53.045 and no adjudication concerning the alleged conduct has been
8-59     made.
8-60           (b) [(g)]  The juvenile court shall send notification of the
8-61     transfer of a child under Subsection (a) [(f)] to the inpatient
8-62     mental health [residential care] facility.  The criminal court
8-63     shall, within 90 days of the transfer, institute proceedings under
8-64     Article 46.02, Code of Criminal Procedure.  If those or any
8-65     subsequent proceedings result in a determination that the defendant
8-66     is competent to stand trial, the defendant may not receive a
8-67     punishment for the delinquent conduct described by Subsection
8-68     (a)(2) [(f)(2)] that results in confinement for a period longer
8-69     than the maximum period of confinement the defendant could have
 9-1     received if the defendant had been adjudicated for the delinquent
 9-2     conduct while still a child and within the jurisdiction of the
 9-3     juvenile court.
 9-4                (Sections 55.20-55.30 reserved for expansion)
 9-5            SUBCHAPTER C.  CHILD UNFIT TO PROCEED AS A RESULT OF
 9-6                    MENTAL ILLNESS OR MENTAL RETARDATION
 9-7           [Sec. 55.03.  CHILD WITH MENTAL RETARDATION.  (a)  If a child
 9-8     is found or alleged to be unfit to proceed as a result of mental
 9-9     retardation under Section 55.04 or is found not responsible for the
9-10     child's conduct as a result of mental retardation under Section
9-11     55.05, the court shall order a determination of mental retardation
9-12     and an interdisciplinary team recommendation of the child, as
9-13     provided by Chapter 593, Health and Safety Code, to be performed at
9-14     a facility approved or operated by the Texas Department of Mental
9-15     Health and Mental Retardation or at a community center established
9-16     in accordance with Chapter 534, Health and Safety Code.]
9-17           [(b)  A child alleged or found to have engaged in delinquent
9-18     conduct or conduct indicating a need for supervision may be
9-19     committed to a residential care facility if:]
9-20                 [(1)  the child is found unfit to proceed as a result
9-21     of mental retardation under Section 55.04 of this chapter or is
9-22     found not responsible for the child's conduct as a result of mental
9-23     retardation under Section 55.05 of this chapter; and]
9-24                 [(2)  the child meets the criteria for commitment as
9-25     provided in Subchapter C, Chapter 593, Health and Safety Code.]
9-26           [(c)  Subtitle D, Title 7, Health and Safety Code, governs
9-27     proceedings for commitment of a child under this section except
9-28     that:]
9-29                 [(1)  the juvenile court shall conduct the proceedings
9-30     whether or not the juvenile court is also a county court; and]
9-31                 [(2)  on receipt of the court's order entering the
9-32     findings required by Subtitle D, Title 7, Health and Safety Code,
9-33     and Subsection (b)(1) of this section, the Texas Department of
9-34     Mental Health and Mental Retardation or the appropriate community
9-35     center shall admit the child to a residential care facility.]
9-36           [(d)  If the juvenile court enters an order committing the
9-37     child to a residential care facility, the child shall be cared for,
9-38     treated, and released in conformity to Subtitle D, Title 7, Health
9-39     and Safety Code, except that the administrator of the residential
9-40     care facility shall notify, in writing, the juvenile court that
9-41     ordered commitment of the child of the intent to discharge the
9-42     child from the residential care facility or to furlough the child
9-43     to an alternative placement at least 20 days prior to the date of
9-44     the discharge or furlough.]
9-45           [(e)  If the juvenile court orders commitment of a child to a
9-46     residential care facility, the proceedings under this title then
9-47     pending in juvenile court shall be stayed.]
9-48           [(f)  If the child committed to a residential care facility
9-49     is discharged or furloughed from the residential care facility as
9-50     provided by Subsection (d) of this section and in accordance with
9-51     Subtitle D, Title 7, Health and Safety Code, before reaching 18
9-52     years of age, the juvenile court may:]
9-53                 [(1)  dismiss the juvenile court proceedings with
9-54     prejudice; or]
9-55                 [(2)  continue with proceedings under this title as
9-56     though no order of commitment had been made.]
9-57           [(g)  The juvenile court shall transfer all pending
9-58     proceedings from the juvenile court to a criminal court on the 18th
9-59     birthday of a child committed to a residential care facility if:]
9-60                 [(1)  the child is not discharged or furloughed from
9-61     the residential care facility before reaching 18 years of age; and]
9-62                 [(2)  the child is alleged to have engaged in
9-63     delinquent conduct that included a violation of a penal law listed
9-64     in Section 53.045.]
9-65           [(h)  The juvenile court shall send notification of the
9-66     transfer of a child under Subsection (g) to the residential care
9-67     facility.  The criminal court shall, within 90 days of the
9-68     transfer, institute proceedings under Article 46.02, Code of
9-69     Criminal Procedure.  If those or any subsequent proceedings result
 10-1    in a determination that the defendant is competent to stand trial,
 10-2    the defendant may not receive a punishment for the delinquent
 10-3    conduct described by Subsection (g)(2) that results in confinement
 10-4    for a period longer than the maximum period of confinement the
 10-5    defendant could have received if the defendant had been adjudicated
 10-6    for the delinquent conduct while still a child and within the
 10-7    jurisdiction of the juvenile court.]
 10-8          Sec. 55.31 [55.04].  UNFITNESS TO PROCEED DETERMINATION;
 10-9    EXAMINATION.  (a)  A child alleged by petition or found to have
10-10    engaged in delinquent conduct or conduct indicating a need for
10-11    supervision who as a result of mental illness or mental retardation
10-12    lacks capacity to understand the proceedings in juvenile court or
10-13    to assist in the child's [his] own defense is unfit to proceed and
10-14    shall not be subjected to discretionary transfer to criminal court,
10-15    adjudication, disposition, or modification of disposition as long
10-16    as such incapacity endures.
10-17          (b)  On a [If on] motion by a party, the juvenile court shall
10-18    determine whether probable cause exists to believe that a child who
10-19    is alleged by petition or who is found to have engaged in
10-20    delinquent conduct or conduct indicating a need for supervision is
10-21    [or the court it is alleged that a child may be] unfit to proceed
10-22    as a result of mental illness or mental retardation[, the court
10-23    shall order appropriate examinations as provided by Section 55.01
10-24    of this chapter].  In making its determination, the court may:
10-25                (1)  consider the motion, supporting documents,
10-26    professional statements of counsel, and witness testimony; and
10-27                (2)  make its own observation of the child.
10-28          (c)  If the court determines that probable cause exists to
10-29    believe that the child is unfit to proceed, the court shall
10-30    temporarily stay the juvenile court proceedings and immediately
10-31    order the child to be examined under Section 51.20.  The
10-32    information obtained from the examination [examinations] must
10-33    include expert opinion as to whether the child is unfit to proceed
10-34    as a result of mental illness or mental retardation.
10-35          (d)  After considering all relevant information, including
10-36    information obtained from an examination under Section 51.20, the
10-37    court shall:
10-38                (1)  if the court determines that evidence exists to
10-39    support a finding that the child is unfit to proceed, proceed under
10-40    Section 55.32; or
10-41                (2)  if the court determines that evidence does not
10-42    exist to support a finding that the child is unfit to proceed,
10-43    dissolve the stay and continue the juvenile court proceedings.
10-44          Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  (a)  If
10-45    the juvenile court determines that evidence exists to support a
10-46    finding that a child is unfit to proceed as a result of mental
10-47    illness or mental retardation, the court shall set the case for a
10-48    hearing on that issue.
10-49          (b) [(c)]  The issue of [court or jury shall determine]
10-50    whether the child is unfit to proceed as a result of mental illness
10-51    or mental retardation shall be determined at a hearing separate
10-52    from any other [the adjudication] hearing.
10-53          (c)  The court shall determine the issue of whether the child
10-54    is unfit to proceed unless the child or the attorney for the child
10-55    demands a jury before the 10th  day before the date of the hearing.
10-56          (d)  Unfitness to proceed as a result of mental illness or
10-57    mental retardation must be proved by a preponderance of the
10-58    evidence.
10-59          (e)  If the court or jury determines that the child is fit to
10-60    proceed, the juvenile court shall continue with proceedings under
10-61    this title as though no question of fitness to proceed had been
10-62    raised.
10-63          (f)  If the court or jury determines that the child is unfit
10-64    to proceed as a result of mental illness or mental retardation, the
10-65    court shall:
10-66                (1)  stay the juvenile court proceedings for as long as
10-67    that incapacity endures; and
10-68                (2)  proceed under Section 55.33 [initiate proceedings
10-69    under Section 55.02 or Section 55.03 of this chapter].
 11-1          (g)  [A proceeding to determine fitness to proceed may be
 11-2    joined with proceedings under Sections 55.02 and 55.03 of this
 11-3    chapter.]
 11-4          [(h)]  The fact that the child is unfit to proceed as a
 11-5    result of mental illness or mental retardation does not preclude
 11-6    any legal objection to the juvenile court proceedings which is
 11-7    susceptible of fair determination prior to the adjudication hearing
 11-8    and without the personal participation of the child.
 11-9          Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO
11-10    PROCEED.  (a)  If the juvenile court or jury determines under
11-11    Section 55.32 that a child is unfit to proceed with the juvenile
11-12    court proceedings for delinquent conduct, the court shall:
11-13                (1)  if the unfitness to proceed is a result of mental
11-14    illness or mental retardation:
11-15                      (A)  order the child placed with the Texas
11-16    Department of Mental Health and Mental Retardation for a period of
11-17    not more than 90 days, which order may not specify a shorter
11-18    period, for placement in a facility designated by the department;
11-19    or
11-20                      (B)  on application by the child's parent,
11-21    guardian, or guardian ad litem, order the child placed in a private
11-22    psychiatric inpatient facility for a period of not more than 90
11-23    days, which order may not specify a shorter period, but only if the
11-24    placement is agreed to in writing by the administrator of the
11-25    facility; or
11-26                (2)  if the unfitness to proceed is a result of mental
11-27    illness and the court determines that the child may be adequately
11-28    treated in an alternative setting, order the child to receive
11-29    treatment for mental illness on an outpatient basis for a period of
11-30    not more than 90 days, which order may not specify a shorter
11-31    period.
11-32          (b)  If the court orders a child placed in a private
11-33    psychiatric inpatient facility under Subsection (a)(1)(B), the
11-34    state or a political subdivision of the state may be ordered to pay
11-35    any costs associated with the child's placement.
11-36          Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
11-37    the court issues a placement order under Section 55.33(a)(1), the
11-38    court shall order the probation department or sheriff's department
11-39    to transport the child to the designated facility.
11-40          (b)  On receipt of a report from a facility to which a child
11-41    has been transported under Subsection (a), the court shall order
11-42    the probation department or sheriff's department to transport the
11-43    child from the facility to the court.  If the child is not
11-44    transported to the court before the 11th day after the date of the
11-45    court's order, an authorized representative of the facility shall
11-46    transport the child from the facility to the court.
11-47          (c)  The county in which the juvenile court is located shall
11-48    reimburse the facility for the costs incurred in transporting the
11-49    child to the juvenile court as required by Subsection (b).
11-50          Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
11-51    REPORT TO COURT.  (a)  If the juvenile court issues a placement
11-52    order under Section 55.33(a), the court shall order the probation
11-53    department to send copies of any information in the possession of
11-54    the  department and relevant to the issue of the child's mental
11-55    illness or mental retardation to the public or private facility or
11-56    outpatient center, as appropriate.
11-57          (b)  Not later than the 75th day after the date the court
11-58    issues a placement order under Section 55.33(a), the public or
11-59    private facility or outpatient center, as appropriate, shall submit
11-60    to the court a report that:
11-61                (1)  describes the treatment of the child provided by
11-62    the facility or center; and
11-63                (2)  states the opinion of the director of the facility
11-64    or center as to whether the child is fit or unfit to proceed.
11-65          (c)  The court shall provide a copy of the report submitted
11-66    under Subsection (b) to the prosecuting attorney and the attorney
11-67    for the child.
11-68          Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON
11-69    OBJECTION.  (a)  If a report submitted under Section 55.35(b)
 12-1    states that a child is fit to proceed, the juvenile court shall
 12-2    find that the child is fit to proceed unless the child's attorney
 12-3    objects in writing or in open court not later than the second day
 12-4    after the date the attorney receives a copy of the report under
 12-5    Section 55.35(c).
 12-6          (b)  On objection by the child's attorney under Subsection
 12-7    (a), the juvenile court shall promptly hold a hearing to determine
 12-8    whether the child is fit to proceed, except that the hearing may be
 12-9    held after the date that the placement order issued under Section
12-10    55.33(a) expires.  At the hearing, the court shall determine the
12-11    issue of the fitness of the child to proceed unless the child or
12-12    the child's attorney demands in writing a jury before the 10th day
12-13    before the date of the hearing.
12-14          (c)  If, after a hearing, the court or jury finds that the
12-15    child is fit to proceed, the court shall dissolve the stay and
12-16    continue the juvenile court proceedings as though a question of
12-17    fitness to proceed had not been raised.
12-18          (d)  If, after a hearing, the court or jury finds that the
12-19    child is unfit to proceed, the court shall proceed under Section
12-20    55.37.
12-21          Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
12-22    RESULT OF MENTAL ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS.  If
12-23    a report submitted under Section 55.35(b) states that a  child is
12-24    unfit to proceed as a result of mental illness and that the child
12-25    meets the commitment criteria for civil commitment under Subtitle
12-26    C, Title 7, Health and Safety Code, the director of the public or
12-27    private facility or outpatient center, as appropriate, shall submit
12-28    to the court two certificates of medical examination for mental
12-29    illness.  On receipt of the certificates, the court shall:
12-30                (1)  initiate proceedings as provided by Section 55.38
12-31    in the juvenile court for commitment of the child under Subtitle C,
12-32    Title 7, Health and Safety Code; or
12-33                (2)  refer the child's case as provided by Section
12-34    55.39 to the appropriate court for the initiation of proceedings in
12-35    that court for commitment of the child under Subtitle C, Title 7,
12-36    Health and Safety Code.
12-37          Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
12-38    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
12-39    proceedings  under Section 55.37(1), the prosecuting attorney may
12-40    file with the juvenile court an application for court-ordered
12-41    mental health services under Section 574.001, Health and Safety
12-42    Code.  The juvenile court shall:
12-43                (1)  set a date for a hearing and provide notice as
12-44    required by Sections 574.005 and 574.006, Health and Safety Code;
12-45    and
12-46                (2)  conduct the hearing in accordance with Subchapter
12-47    C, Chapter 574, Health and Safety Code.
12-48          (b)  After conducting a hearing under Subsection (a)(2), the
12-49    juvenile court shall:
12-50                (1)  if the criteria under Section 574.034, Health and
12-51    Safety Code, are satisfied, order temporary mental health services;
12-52    or
12-53                (2)  if the criteria under Section 574.035, Health and
12-54    Safety Code, are satisfied, order extended mental health services.
12-55          Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
12-56    ILLNESS.  (a)  If the juvenile court refers the child's case to an
12-57    appropriate court for the initiation of commitment proceedings
12-58    under Section 55.37(2), the juvenile court shall:
12-59                (1)  send all papers relating to the child's unfitness
12-60    to proceed, including the verdict and judgment of the juvenile
12-61    court finding the child unfit to proceed, to the clerk of the court
12-62    to which the case is referred;
12-63                (2)  send to the office of the appropriate county
12-64    attorney or, if a county attorney is not available, to the office
12-65    of the appropriate district attorney, copies of all papers sent to
12-66    the clerk of the court under Subdivision (1); and
12-67                (3)  if the child is in detention:
12-68                      (A)  order the child released from detention to
12-69    the child's home or another appropriate place;
 13-1                      (B)  order the child detained in an appropriate
 13-2    place other than a juvenile detention facility; or
 13-3                      (C)  if an appropriate place to release or detain
 13-4    the child as described by Paragraph (A) or (B) is not available,
 13-5    order the child to remain in the juvenile detention facility
 13-6    subject to further detention orders of the court.
 13-7          (b)  The papers sent to a court under Subsection (a)(1)
 13-8    constitute an application for mental health services under Section
 13-9    574.001, Health and Safety Code.
13-10          Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A
13-11    RESULT OF MENTAL RETARDATION.  If a report submitted under Section
13-12    55.35(b) states that a  child is unfit to proceed as a result of
13-13    mental retardation and that the child meets the commitment criteria
13-14    for civil commitment under Subtitle D, Title 7, Health and Safety
13-15    Code, the director of the residential care facility shall submit to
13-16    the court an affidavit stating the conclusions reached as a result
13-17    of the diagnosis.  On receipt of the affidavit, the court shall:
13-18                (1)  initiate proceedings as provided by Section 55.41
13-19    in the juvenile court for commitment of the child under Subtitle D,
13-20    Title 7, Health and Safety Code; or
13-21                (2)  refer the child's case as provided by Section
13-22    55.42 to the appropriate court for the initiation of proceedings in
13-23    that court for commitment of the child under Subtitle D, Title 7,
13-24    Health and Safety Code.
13-25          Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
13-26    MENTAL RETARDATION.  (a)  If the juvenile court initiates
13-27    commitment proceedings  under Section 55.40(1), the prosecuting
13-28    attorney may file with the juvenile court an application for
13-29    placement under Section 593.041, Health and Safety Code.  The
13-30    juvenile court shall:
13-31                (1)  set a date for a hearing and provide notice as
13-32    required by Sections 593.047 and 593.048, Health and Safety Code;
13-33    and
13-34                (2)  conduct the hearing in accordance with Sections
13-35    593.049-593.056, Health and Safety Code.
13-36          (b)  After conducting a hearing under Subsection (a)(2), the
13-37    juvenile court may order commitment of the child to a residential
13-38    care facility if the commitment criteria under Section 593.052,
13-39    Health and Safety Code, are satisfied.
13-40          Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
13-41    RETARDATION.  (a)  If the juvenile court refers the child's case to
13-42    an appropriate court for the initiation of commitment proceedings
13-43    under Section 55.40(2), the juvenile court shall:
13-44                (1)  send all papers relating to the child's mental
13-45    retardation to the clerk of the court to which the case is
13-46    referred;
13-47                (2)  send to the office of the appropriate county
13-48    attorney or, if a county attorney is not available, to the office
13-49    of the appropriate district attorney, copies of all papers sent to
13-50    the clerk of the court under Subdivision (1); and
13-51                (3)  if the child is in detention:
13-52                      (A)  order the child released from detention to
13-53    the child's home or another appropriate place;
13-54                      (B)  order the child detained in an appropriate
13-55    place other than a juvenile detention facility; or
13-56                      (C)  if an appropriate place to release or detain
13-57    the child as described by Paragraph (A) or (B) is not available,
13-58    order the child to remain in the juvenile detention facility
13-59    subject to further detention orders of the court.
13-60          (b)  The papers sent to a court under Subsection (a)(1)
13-61    constitute an application for placement under Section 593.041,
13-62    Health and Safety Code.
13-63          Sec. 55.43.  RESTORATION HEARING.  (a)  The prosecuting
13-64    attorney may file with the juvenile court a motion for a
13-65    restoration hearing concerning a child if:
13-66                (1)  the child is found unfit to proceed as a result of
13-67    mental illness or mental retardation; and
13-68                (2)  the child:
13-69                      (A)  is not:
 14-1                            (i)  ordered by a court to receive
 14-2    inpatient mental health services;
 14-3                            (ii)  committed by a court to a residential
 14-4    care facility; or
 14-5                            (iii)  ordered by a court to receive
 14-6    treatment on an outpatient basis; or
 14-7                      (B)  is discharged or furloughed from a mental
 14-8    health facility or outpatient center before the child reaches 18
 14-9    years of age.
14-10          (b)  At the restoration hearing, the court shall determine
14-11    the issue of whether the child is fit to proceed.
14-12          (c)  The restoration hearing shall be conducted without a
14-13    jury.
14-14          (d)  The issue of fitness to proceed must be proved by a
14-15    preponderance of the evidence.
14-16          (e)  If, after a hearing, the court finds that the child is
14-17    fit to proceed, the court shall continue the juvenile court
14-18    proceedings.
14-19          (f)  If, after a hearing, the court finds that the child is
14-20    unfit to proceed, the court shall dismiss the motion for
14-21    restoration.
14-22          Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF
14-23    CHILD.  (a)  The juvenile court shall transfer all pending
14-24    proceedings from the juvenile court to a criminal court on the 18th
14-25    birthday of a child for whom the juvenile court or a court to which
14-26    the child's case is referred has ordered inpatient mental health
14-27    services or residential care for persons with mental retardation
14-28    if:
14-29                (1)  the child is not discharged or furloughed from the
14-30    facility before reaching 18 years of age; and
14-31                (2)  the child is alleged to have engaged in delinquent
14-32    conduct that included a violation of a penal law listed in Section
14-33    53.045 and no adjudication concerning the alleged conduct has been
14-34    made.
14-35          (b)  The juvenile court shall send notification of the
14-36    transfer of a child under Subsection (a) to the facility.  The
14-37    criminal court shall, before the 91st day after the date of the
14-38    transfer, institute proceedings under Article 46.02, Code of
14-39    Criminal Procedure.  If those or any subsequent proceedings result
14-40    in a determination that the defendant is competent to stand trial,
14-41    the defendant may not receive a punishment for the delinquent
14-42    conduct described by Subsection (a)(2) that results in confinement
14-43    for a period longer than the maximum period of confinement the
14-44    defendant could have received if the defendant had been adjudicated
14-45    for the delinquent conduct while still a child and within the
14-46    jurisdiction of the juvenile court.
14-47               (Sections 55.45-55.50 reserved for expansion
14-48           SUBCHAPTER D.  LACK OF RESPONSIBILITY FOR CONDUCT AS
14-49             A RESULT OF MENTAL ILLNESS OR MENTAL RETARDATION
14-50          Sec. 55.51 [55.05].  LACK OF RESPONSIBILITY FOR CONDUCT
14-51    DETERMINATION; EXAMINATION.  (a)  A child alleged by petition to
14-52    have engaged in delinquent conduct or conduct indicating a need for
14-53    supervision is not responsible for the conduct if at the time of
14-54    the conduct, as a result of mental illness or mental retardation,
14-55    the child [he] lacks substantial capacity either to appreciate the
14-56    wrongfulness of the child's [his] conduct or to conform the child's
14-57    [his] conduct to the requirements of law.
14-58          (b)  On a [If on] motion by [of] a party in which [or the
14-59    court] it is alleged that a [the] child may not be responsible as a
14-60    result of mental illness or mental retardation for the child's
14-61    conduct, the court shall order the child to be examined under
14-62    [appropriate examinations as provided by] Section 51.20 [55.01 of
14-63    this chapter].  The information obtained from the examinations must
14-64    include expert opinion as to whether the child is not responsible
14-65    for the child's conduct as a result of mental illness or mental
14-66    retardation.
14-67          (c)  The issue of whether the child is not responsible for
14-68    the child's [his] conduct as a result of mental illness or mental
14-69    retardation shall be tried to the court or jury in the adjudication
 15-1    hearing.
 15-2          (d)  Lack of responsibility for conduct as a result of mental
 15-3    illness or mental retardation must be proved by a preponderance of
 15-4    the evidence.
 15-5          (e)  In its findings or verdict the court or jury must state
 15-6    whether the child is not responsible for the child's [his] conduct
 15-7    as a result of mental illness or mental retardation.
 15-8          (f)  If the court or jury finds the child is not responsible
 15-9    for the child's [his] conduct as a result of mental illness or
15-10    mental retardation, the court shall proceed [initiate proceedings]
15-11    under Section 55.52 [55.02 or 55.03 of this chapter].
15-12          (g)  A child found to be not responsible for the child's
15-13    [his] conduct as a result of mental illness or mental retardation
15-14    shall not be subject to proceedings under this title with respect
15-15    to such conduct, other than proceedings under Section 55.52 [55.02
15-16    or 55.03 of this chapter].
15-17          Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF
15-18    RESPONSIBILITY FOR CONDUCT.  (a)  If the court or jury finds that a
15-19    child is not responsible for the child's conduct under Section
15-20    55.51, the court shall:
15-21                (1)  if the lack of responsibility is a result of
15-22    mental illness or mental retardation:
15-23                      (A)  order the child placed with the Texas
15-24    Department of Mental Health and Mental Retardation for a period of
15-25    not more than 90 days, which order may not specify a shorter
15-26    period, for placement in a facility designated by the department;
15-27    or
15-28                      (B)  on application by the child's parent,
15-29    guardian, or guardian ad litem, order the child placed in a private
15-30    psychiatric inpatient facility for a period of not more than 90
15-31    days, which order may not specify a shorter period, but only if the
15-32    placement is agreed to in writing by the administrator of the
15-33    facility; or
15-34                (2)  if the child's lack of responsibility is a result
15-35    of mental illness and the court determines that the child may be
15-36    adequately treated in an alternative setting, order the child to
15-37    receive treatment on an outpatient basis for a period of not more
15-38    than 90 days, which order may not specify a shorter period.
15-39          (b)  If the court orders a child placed in a private
15-40    psychiatric inpatient facility under Subsection (a)(1)(B), the
15-41    state or a political subdivision of the state may be ordered to pay
15-42    any costs associated with the child's placement.
15-43          Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  (a)  If
15-44    the court issues a placement order under Section 55.52(a)(1), the
15-45    court shall order the probation department or sheriff's department
15-46    to transport the child to the designated facility.
15-47          (b)  On receipt of a report from a facility to which a child
15-48    has been transported under Subsection (a), the court shall order
15-49    the probation department or sheriff's department to transport the
15-50    child from the facility to the court.  If the child is not
15-51    transported to the court before the 11th day after the date of the
15-52    court's order, an authorized representative of the facility shall
15-53    transport the child from the facility to the court.
15-54          (c)  The county in which the juvenile court is located shall
15-55    reimburse the facility for the costs incurred in transporting the
15-56    child to the juvenile court as required by Subsection (b).
15-57          Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY;
15-58    REPORT TO COURT.  (a)  If the juvenile court issues a placement
15-59    order under Section 55.52(a), the court shall order the probation
15-60    department to send copies of any information in the possession of
15-61    the department and relevant to the issue of the child's mental
15-62    illness or mental retardation to the public or private facility or
15-63    outpatient center, as appropriate.
15-64          (b)  Not later than the 75th day after the date the court
15-65    issues a placement order under Section 55.52(a), the public or
15-66    private facility or outpatient center, as appropriate, shall submit
15-67    to the court a report that:
15-68                (1)  describes the treatment of the child provided by
15-69    the facility or center; and
 16-1                (2)  states the opinion of the director of the facility
 16-2    or center as to whether the child is mentally ill or mentally
 16-3    retarded.
 16-4          (c)  The court shall send a copy of the report submitted
 16-5    under Subsection (b) to the prosecuting attorney and the attorney
 16-6    for the child.
 16-7          Sec. 55.55.  REPORT THAT CHILD IS NOT MENTALLY ILL OR
 16-8    MENTALLY RETARDED; HEARING ON OBJECTION.  (a)  If a report
 16-9    submitted under Section 55.54(b) states that a child does not have
16-10    a mental illness or mental retardation, the juvenile court shall
16-11    discharge the child unless:
16-12                (1)  an adjudication hearing was conducted concerning
16-13    conduct that included a violation of a penal law listed in Section
16-14    53.045(a) and a petition was approved by a grand jury under Section
16-15    53.045; and
16-16                (2)  the prosecuting attorney objects in writing not
16-17    later than the second day after the date the attorney receives a
16-18    copy of the report under Section 55.54(c).
16-19          (b)  On objection by the prosecuting attorney under
16-20    Subsection (a), the juvenile court shall hold a hearing without a
16-21    jury to determine whether the child has a mental illness or mental
16-22    retardation and whether the child meets the commitment criteria for
16-23    civil commitment under Subtitle C or D, Title 7, Health and Safety
16-24    Code.
16-25          (c)  At the hearing, the burden is on the state to prove by
16-26    clear and convincing evidence that the child has a mental illness
16-27    or mental retardation and that the child meets the commitment
16-28    criteria for civil commitment under Subtitle C or D, Title 7,
16-29    Health and Safety Code.
16-30          (d)  If, after a hearing, the court finds that the child does
16-31    not have a mental illness or mental retardation and that the child
16-32    does not meet the commitment criteria under Subtitle C or D, Title
16-33    7, Health and Safety Code, the court shall discharge the child.
16-34          (e)  If, after a hearing, the court finds that the child has
16-35    a mental illness or mental retardation and that the child meets the
16-36    commitment criteria under Subtitle C or D, Title 7, Health and
16-37    Safety Code, the court shall issue an appropriate commitment order.
16-38          Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION
16-39    OF COMMITMENT PROCEEDINGS.  If a report submitted under Section
16-40    55.54(b) states that a child has a mental illness and that the
16-41    child meets the commitment criteria for civil commitment under
16-42    Subtitle C, Title 7, Health and Safety Code, the director of the
16-43    public or private facility or outpatient center, as appropriate,
16-44    shall submit to the court two certificates of medical examination
16-45    for mental illness.  On receipt of the certificates, the court
16-46    shall:
16-47                (1)  initiate proceedings as provided by Section 55.57
16-48    in the juvenile court for commitment of the child under Subtitle C,
16-49    Title 7, Health and Safety Code; or
16-50                (2)  refer the child's case as provided by Section
16-51    55.58 to the appropriate court for the initiation of proceedings in
16-52    that court for commitment of the child under Subtitle C, Title 7,
16-53    Health and Safety Code.
16-54          Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
16-55    MENTAL ILLNESS.  (a)  If the juvenile court initiates commitment
16-56    proceedings  under Section 55.56(1), the prosecuting attorney may
16-57    file with the juvenile court an application for court-ordered
16-58    mental health services under Section 574.001, Health and Safety
16-59    Code.  The juvenile court shall:
16-60                (1)  set a date for a hearing and provide notice as
16-61    required by Sections 574.005 and 574.006, Health and Safety Code;
16-62    and
16-63                (2)  conduct the hearing in accordance with Subchapter
16-64    C, Chapter 574, Health and Safety Code.
16-65          (b)  After conducting a hearing under Subsection (a)(2), the
16-66    juvenile court shall:
16-67                (1)  if the criteria under Section 574.034, Health and
16-68    Safety Code, are satisfied, order temporary mental health services;
16-69    or
 17-1                (2)  if the criteria under Section 574.035, Health and
 17-2    Safety Code, are satisfied, order extended mental health services.
 17-3          Sec. 55.58.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
 17-4    ILLNESS.  (a)  If the juvenile court refers the child's case to an
 17-5    appropriate court for the initiation of commitment proceedings
 17-6    under Section 55.56(2), the juvenile court shall:
 17-7                (1)  send all papers relating to the child's mental
 17-8    illness, including the verdict and judgment of the juvenile court
 17-9    finding that the child was not responsible for the child's conduct,
17-10    to the clerk of the court to which the case is referred;
17-11                (2)  send to the office of the appropriate county
17-12    attorney or, if a county attorney is not available, to the office
17-13    of the district attorney, copies of all papers sent to the clerk of
17-14    the court under Subdivision (1); and
17-15                (3)  if the child is in detention:
17-16                      (A)  order the child released from detention to
17-17    the child's home or another appropriate place;
17-18                      (B)  order the child detained in an appropriate
17-19    place other than a juvenile detention facility; or
17-20                      (C)  if an appropriate place to release or detain
17-21    the child as described by Paragraph (A) or (B) is not available,
17-22    order the child to remain in the juvenile detention facility
17-23    subject to further detention orders of the court.
17-24          (b)  The papers sent to a court under Subsection (a)(1)
17-25    constitute an application for mental health services under Section
17-26    574.001, Health and Safety Code.
17-27          Sec. 55.59.  REPORT THAT CHILD HAS MENTAL RETARDATION;
17-28    INITIATION OF COMMITMENT PROCEEDINGS.  If a report submitted under
17-29    Section 55.54(b) states that a child has mental retardation and
17-30    that the child meets the commitment criteria for civil commitment
17-31    under Subtitle D, Title 7, Health and Safety Code, the director of
17-32    the residential care facility shall submit to the court an
17-33    affidavit stating the conclusions reached as a result of the
17-34    diagnosis.  On receipt of an affidavit, the juvenile court shall:
17-35                (1)  initiate proceedings in the juvenile court as
17-36    provided by Section 55.60 for commitment of the child under
17-37    Subtitle D, Title 7, Health and Safety Code; or
17-38                (2)  refer the child's case to the appropriate court as
17-39    provided by Section 55.61 for the initiation of proceedings in that
17-40    court for commitment of the child under Subtitle D, Title 7, Health
17-41    and Safety Code.
17-42          Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR
17-43    MENTAL RETARDATION.  (a)  If the juvenile court initiates
17-44    commitment proceedings  under Section 55.59(1), the prosecuting
17-45    attorney may file with the juvenile court an application for
17-46    placement under Section 593.041, Health and Safety Code.  The
17-47    juvenile court shall:
17-48                (1)  set a date for a hearing and provide notice as
17-49    required by Sections 593.047 and 593.048, Health and Safety Code;
17-50    and
17-51                (2)  conduct the hearing in accordance with Sections
17-52    593.049-593.056, Health and Safety Code.
17-53          (b)  After conducting a hearing under Subsection (a)(2), the
17-54    juvenile court may order commitment of the child to a residential
17-55    care facility only if the commitment criteria under Section
17-56    593.052, Health and Safety Code, are satisfied.
17-57          Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL
17-58    RETARDATION.  (a)  If the juvenile court refers the child's case to
17-59    an appropriate court for the initiation of commitment proceedings
17-60    under Section 55.59(2), the juvenile court shall:
17-61                (1)  send all papers relating to the child's mental
17-62    retardation to the clerk of the court to which the case is
17-63    referred;
17-64                (2)  send to the office of the appropriate county
17-65    attorney or, if a county attorney is not available, to the office
17-66    of the appropriate district attorney, copies of all papers sent to
17-67    the clerk of the court under Subdivision (1); and
17-68                (3)  if the child is in detention:
17-69                      (A)  order the child released from detention to
 18-1    the child's home or another appropriate place;
 18-2                      (B)  order the child detained in an appropriate
 18-3    place other than a juvenile detention facility; or
 18-4                      (C)  if an appropriate place to release or detain
 18-5    the child as described by Paragraph (A) or (B) is not available,
 18-6    order the child to remain in the juvenile detention facility
 18-7    subject to further detention orders of the court.
 18-8          (b)  The papers sent to a court under Subsection (a)(1)
 18-9    constitute an application for placement under Section 593.041,
18-10    Health and Safety Code.
18-11          SECTION 15.  Section 56.01(c), Family Code, is amended to
18-12    read as follows:
18-13          (c)  An appeal may be taken:
18-14                (1)  by or on behalf of a child from an order entered
18-15    under:
18-16                      (A)  Section 54.03 [of this code] with regard to
18-17    delinquent conduct or conduct indicating a need for supervision;
18-18                      (B)  Section 54.04 [of this code] disposing of
18-19    the case;
18-20                      (C)  Section 54.05 [of this code] respecting
18-21    modification of a previous juvenile court disposition; or
18-22                      (D)  Chapter 55 by a juvenile court [of this
18-23    code] committing a child to a facility for the mentally ill or
18-24    mentally retarded; or
18-25                (2)  by a person from an order entered under Section
18-26    54.11(i)(2) [of this code] transferring the person to the custody
18-27    of the institutional division of the Texas Department of Criminal
18-28    Justice.
18-29          SECTION 16.  Section 58.001(c), Family Code, is amended to
18-30    read as follows:
18-31          (c)  A law enforcement agency shall [may] forward
18-32    information, including [photographs and] fingerprints, relating to
18-33    a child who has been [detained or] taken into custody under Section
18-34    52.01 by the agency to the Department of Public Safety for
18-35    inclusion in the juvenile justice information system created under
18-36    Subchapter B, but only if the child is referred to juvenile court
18-37    on or before the 10th day after the date the child is [detained or]
18-38    taken into custody under Section 52.01.  If the child is not
18-39    referred to juvenile court within that time, the law enforcement
18-40    agency shall destroy all information, including photographs and
18-41    fingerprints, relating to the child unless the child is placed in a
18-42    first offender program under Section 52.031 or on informal
18-43    disposition under Section 52.03.  The law enforcement agency may
18-44    not forward any information to the Department of Public Safety
18-45    relating to the child while the child is in a first offender
18-46    program under Section 52.031, or during the 90 days following
18-47    successful completion of the program or while the child is on
18-48    informal disposition under Section 52.03.  Except as provided by
18-49    Subsection (f), after the date the child completes an informal
18-50    disposition under Section 52.03 or after the 90th day after the
18-51    date the child successfully completes a first offender program
18-52    under Section 52.031, the law enforcement agency shall destroy all
18-53    information, including photographs and fingerprints, relating to
18-54    the child.
18-55          SECTION 17.  Section 58.002(a), Family Code, is amended to
18-56    read as follows:
18-57          (a)  Except as provided by Chapter 79, Human Resources Code,
18-58    a child may not be photographed or fingerprinted without the
18-59    consent of the juvenile court unless the child is taken into
18-60    custody or referred to the juvenile court for conduct that
18-61    constitutes a felony or a misdemeanor punishable by confinement in
18-62    jail.
18-63          SECTION 18.  Section 58.007, Family Code, is amended by
18-64    adding Subsection (h) to read as follows:
18-65          (h)  The juvenile court may disseminate to the public the
18-66    following information relating to a child who is the subject of a
18-67    directive to apprehend or a warrant of arrest and who cannot be
18-68    located for the purpose of apprehension:
18-69                (1)  the child's name, including other names by which
 19-1    the child is known;
 19-2                (2)  the child's physical description, including sex,
 19-3    weight, height, race, ethnicity, eye color, hair color, scars,
 19-4    marks, and tattoos;
 19-5                (3)  a photograph of the child; and
 19-6                (4)  a description of the conduct the child is alleged
 19-7    to have committed, including the level and degree of the alleged
 19-8    offense.
 19-9          SECTION 19.  Section 58.106(c), Family Code, is amended to
19-10    read as follows:
19-11          (c)  The department may, if necessary to protect the welfare
19-12    of the community, disseminate to the public the following
19-13    information relating to a juvenile [offender] who has escaped from
19-14    the custody of the Texas Youth Commission or from another secure
19-15    detention or correctional facility:
19-16                (1)  the juvenile's [juvenile offender's] name,
19-17    including other names by which the juvenile [offender] is known;
19-18                (2)  the juvenile's [juvenile offender's] physical
19-19    description, including sex, weight, height, race, ethnicity, eye
19-20    color, hair color, scars, marks, and tattoos;
19-21                (3)  a photograph of the juvenile [offender]; and
19-22                (4)  a description of the conduct for which the
19-23    juvenile [offender] was committed to the Texas Youth Commission or
19-24    detained in the secure detention or correctional facility,
19-25    including the level and degree of the alleged offense.
19-26          SECTION 20.  Section 59.003(a), Family Code, is amended to
19-27    read as follows:
19-28          (a)  Subject to Subsection (e), after a child's first
19-29    commission of delinquent conduct or conduct indicating a need for
19-30    supervision, the probation department or prosecuting attorney may,
19-31    or the juvenile court may, in a disposition hearing under Section
19-32    54.04 or a modification hearing under Section 54.05, assign a child
19-33    one of the following sanction levels according to the child's
19-34    conduct:
19-35                (1)  for conduct indicating a need for supervision,
19-36    other than conduct described in Section 51.03(b)(5) [51.03(b)(6)]
19-37    or a Class A or B misdemeanor, the sanction level is one;
19-38                (2)  for conduct indicating a need for supervision
19-39    under Section 51.03(b)(5) [51.03(b)(6)] or a Class A or B
19-40    misdemeanor, other than a misdemeanor involving the use or
19-41    possession of a firearm, or for delinquent conduct under Section
19-42    51.03(a)(2) or (3), the sanction level is two;
19-43                (3)  for a misdemeanor involving the use or possession
19-44    of a firearm or for a state jail felony or a felony of the third
19-45    degree, the sanction level is three;
19-46                (4)  for a felony of the second degree, the sanction
19-47    level is four;
19-48                (5)  for a felony of the first degree, other than a
19-49    felony involving the use of a deadly weapon or causing serious
19-50    bodily injury, the sanction level is five;
19-51                (6)  for a felony of the first degree involving the use
19-52    of a deadly weapon or causing serious bodily injury, for an
19-53    aggravated controlled substance felony, or for a capital felony,
19-54    the sanction level is six; or
19-55                (7)  for a felony of the first degree involving the use
19-56    of a deadly weapon or causing serious bodily injury, for an
19-57    aggravated controlled substance felony, or for a capital felony, if
19-58    the petition has been approved by a grand jury under Section
19-59    53.045, or if a petition to transfer the child to criminal court
19-60    has been filed under Section 54.02, the sanction level is seven.
19-61          SECTION 21.  Section 59.005(a), Family Code,     is amended
19-62    to read as follows:
19-63          (a)  For a child at sanction level two, the juvenile court,
19-64    the prosecuting attorney, or the probation department may, as
19-65    provided by Section 53.03:
19-66                (1)  place the child on deferred prosecution [or
19-67    court-ordered probation] for not less than three months or more
19-68    than six months;
19-69                (2)  require the child to make restitution to the
 20-1    victim of the child's conduct or perform community service
 20-2    restitution appropriate to the nature and degree of harm caused and
 20-3    according to the child's ability;
 20-4                (3)  require the child's parents or guardians to
 20-5    identify restrictions the parents or guardians will impose on the
 20-6    child's activities and requirements the parents or guardians will
 20-7    set for the child's behavior;
 20-8                (4)  provide the information required under Sections
 20-9    59.004(a)(2) and (4);
20-10                (5)  require the child or the child's parents or
20-11    guardians to participate in a program for services under Section
20-12    264.302, if a program under Section 264.302 is available to the
20-13    child or the child's parents or guardians;
20-14                (6)  refer the child to a community-based citizen
20-15    intervention program approved by the juvenile court; and
20-16                (7)  if appropriate, impose additional conditions of
20-17    probation.
20-18          SECTION 22.  Section 59.014, Family Code, is amended to read
20-19    as follows:
20-20          Sec. 59.014.  APPEAL.  A child may not bring an appeal or a
20-21    postconviction writ of habeas corpus based on the:
20-22                (1)  [The] failure or inability of any person to
20-23    provide a service listed under Sections 59.004-59.010;
20-24                (2)  [or the] failure of a court or of any person to
20-25    make a sanction level assignment as provided in Section 59.002 or
20-26    59.003; or
20-27                (3)  failure of a juvenile court or probation
20-28    department to report a deviation from the guidelines as required by
20-29    Section 59.003(e) [may not be used by a child as a ground for
20-30    appeal or for a postconviction writ of habeas corpus].
20-31          SECTION 23.  Section 232.002, Family Code, is amended to read
20-32    as follows:
20-33          Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER.  The
20-34    following state agencies are licensing authorities subject to this
20-35    chapter:
20-36                (1)  Department of Agriculture;
20-37                (2)  Texas Commission on Alcohol and Drug Abuse;
20-38                (3)  Texas Alcoholic Beverage Commission;
20-39                (4)  Texas Appraiser Licensing and Certification Board;
20-40                (5)  Texas Board of Architectural Examiners;
20-41                (6)  State Board of Barber Examiners;
20-42                (7)  Texas Board of Chiropractic Examiners;
20-43                (8)  Comptroller of Public Accounts;
20-44                (9)  Texas Cosmetology Commission;
20-45                (10)  Court Reporters Certification Board;
20-46                (11)  State Board of Dental Examiners;
20-47                (12)  Texas State Board of Examiners of Dietitians;
20-48                (13)  Texas Funeral Service Commission;
20-49                (14)  Texas Department of Health;
20-50                (15)  Texas Department of Human Services;
20-51                (16)  Texas Board of Professional Land Surveying;
20-52                (17)  Texas Department of Licensing and Regulation;
20-53                (18)  Texas State Board of Examiners of Marriage and
20-54    Family Therapists;
20-55                (19)  Texas State Board of Medical Examiners;
20-56                (20)  Midwifery Board;
20-57                (21)  Texas Natural Resource Conservation Commission;
20-58                (22)  Board of Nurse Examiners;
20-59                (23)  Texas Board of Occupational Therapy Examiners;
20-60                (24)  Texas Optometry Board;
20-61                (25)  Parks and Wildlife Department;
20-62                (26)  Texas State Board of Examiners of Perfusionists;
20-63                (27)  Texas State Board of Pharmacy;
20-64                (28)  Texas Board of Physical Therapy Examiners;
20-65                (29)  Texas State Board of Plumbing Examiners;
20-66                (30)  Texas State Board of Podiatric Medical Examiners;
20-67                (31)  Polygraph Examiners Board;
20-68                (32)  Texas Board of Private Investigators and Private
20-69    Security Agencies;
 21-1                (33)  Texas State Board of Examiners of Professional
 21-2    Counselors;
 21-3                (34)  State Board of Registration for Professional
 21-4    Engineers;
 21-5                (35)  Department of Protective and Regulatory Services;
 21-6                (36)  Texas State Board of Examiners of Psychologists;
 21-7                (37)  Texas State Board of Public Accountancy;
 21-8                (38)  Department of Public Safety of the State of
 21-9    Texas;
21-10                (39)  Public Utility Commission of Texas;
21-11                (40)  Railroad Commission of Texas;
21-12                (41)  Texas Real Estate Commission;
21-13                (42)  State Bar of Texas;
21-14                (43)  Texas State Board of Social Worker Examiners;
21-15                (44)  State Board of Examiners for Speech-Language
21-16    Pathology and Audiology;
21-17                (45)  Texas Structural Pest Control Board;
21-18                (46)  Board of Tax Professional Examiners;
21-19                (47)  Secretary of State;
21-20                (48)  Supreme Court of Texas;
21-21                (49)  Texas Transportation Commission;
21-22                (50)  State Board of Veterinary Medical Examiners;
21-23                (51)  Board of Vocational Nurse Examiners;
21-24                (52)  Texas Ethics Commission;
21-25                (53)  Advisory Board of Athletic Trainers;
21-26                (54)  State Committee of Examiners in the Fitting and
21-27    Dispensing of Hearing Instruments;
21-28                (55)  Texas Board of Licensure for Professional Medical
21-29    Physicists; [and]
21-30                (56)  Texas Department of Insurance;[.]
21-31                (57)  Texas Board of Orthotics and Prosthetics; and
21-32                (58)  Texas Juvenile Probation Commission.
21-33          SECTION 24.  Section 261.103, Family Code, is amended to read
21-34    as follows:
21-35          Sec. 261.103.  REPORT MADE TO APPROPRIATE AGENCY.  (a)
21-36    Except as provided by Subsection (b), a [A] report shall be made
21-37    to:
21-38                (1)  any local or state law enforcement agency;
21-39                (2)  the department if the alleged or suspected abuse
21-40    involves a person responsible for the care, custody, or welfare of
21-41    the child;
21-42                (3)  the state agency that operates, licenses,
21-43    certifies, or registers the facility in which the alleged abuse or
21-44    neglect occurred; or
21-45                (4)  the agency designated by the court to be
21-46    responsible for the protection of children.
21-47          (b)  A report may be made to the Texas Youth Commission
21-48    instead of the entities listed under Subsection (a) if the report
21-49    is based on information provided by a child while under the
21-50    supervision of the commission concerning the child's alleged abuse
21-51    of another child.
21-52          SECTION 25.  Section 261.105, Family Code, is amended by
21-53    adding Subsection (e) to read as follows:
21-54          (e)  In cooperation with the department, the Texas Youth
21-55    Commission by rule shall adopt guidelines for identifying a report
21-56    made to the commission under Section 261.103(b) that is appropriate
21-57    to refer to the department or a law enforcement agency for
21-58    investigation.  Guidelines adopted under this subsection must
21-59    require the commission to consider the severity and immediacy of
21-60    the alleged abuse or neglect of the child victim.
21-61          SECTION 26.  Section 261.405, Family Code, as amended by
21-62    Chapters 162 and 1374, Acts of the 75th Legislature, Regular
21-63    Session, 1997, is reenacted and amended to read as follows:
21-64          Sec. 261.405.  INVESTIGATIONS IN [PRE-ADJUDICATION AND
21-65    POST-ADJUDICATION SECURE] JUVENILE JUSTICE PROGRAMS AND FACILITIES.
21-66    (a)  A report of alleged abuse or neglect in a public or private
21-67    juvenile pre-adjudication secure detention facility, including
21-68    hold-over facilities, or public or private juvenile
21-69    post-adjudication secure correctional facility, except for a
 22-1    facility operated solely for children committed to the Texas Youth
 22-2    Commission, shall be made to a local law enforcement agency for
 22-3    investigation.  The local law enforcement agency shall immediately
 22-4    notify the Texas Juvenile Probation Commission of any report the
 22-5    agency receives.
 22-6          (b)  The Texas Juvenile Probation Commission shall conduct an
 22-7    investigation as provided by this chapter if the commission
 22-8    receives a report of alleged abuse or neglect in any program,
 22-9    including a juvenile justice alternative education program,
22-10    operated wholly or partly by:
22-11                (1)  a local juvenile probation department; or
22-12                (2)  a private vendor operating under the authority of
22-13    a county juvenile board in accordance with the standards adopted by
22-14    the commission.
22-15          (c)  In an investigation required under this section, the
22-16    investigating agency shall have access to medical and mental health
22-17    records as provided by Subchapter D.
22-18          SECTION 27.  The heading to Article 4.18, Code of Criminal
22-19    Procedure, is amended to read as follows:
22-20          Art. 4.18.  CLAIM OF UNDERAGE [TRANSFER OF JURISDICTION FROM
22-21    JUVENILE COURT].
22-22          SECTION 28.  Article 4.18, Code of Criminal Procedure, is
22-23    amended by adding Subsection (g) to read as follows:
22-24          (g)  This article does not apply to a claim of a defect or
22-25    error in a discretionary transfer proceeding in juvenile court.  A
22-26    defendant may appeal a defect or error only as provided by Article
22-27    44.47.
22-28          SECTION 29.  Section 8(c), Article 42.09, Code of Criminal
22-29    Procedure, is amended to read as follows:
22-30          (c)  A county that transfers a defendant to the Texas
22-31    Department of Criminal Justice under this article shall also
22-32    deliver to the designated officer any presentence or postsentence
22-33    investigation report, revocation report, psychological or
22-34    psychiatric evaluation of the defendant, including an evaluation
22-35    prepared for the juvenile court before transferring the defendant
22-36    to criminal court and contained in the criminal prosecutor's file,
22-37    and available social or psychological background information
22-38    relating to the defendant and may deliver to the designated officer
22-39    any additional information upon which the judge or jury bases the
22-40    punishment decision.
22-41          SECTION 30.  Subchapter A, Chapter 25, Education Code, is
22-42    amended by adding Section 25.0011 to read as follows:
22-43          Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  (a)  For
22-44    purposes of Section 25.001, a person is not considered to reside in
22-45    a school district if:
22-46                (1)  the person is incarcerated in a private juvenile
22-47    detention facility in the district as a result of the order of a
22-48    court in another state; and
22-49                (2)  the person resided in another state or country
22-50    immediately before incarceration in the facility.
22-51          (b)  A school district may provide educational services to a
22-52    person described by Subsection (a) if the district is fully
22-53    compensated for the cost of the services through payment of tuition
22-54    for the person by the operator of the juvenile detention facility
22-55    or other person having lawful control of the person in an amount
22-56    equal to the actual cost of educating the person.
22-57          (c)  For purposes of this section, "private juvenile
22-58    detention facility" means a juvenile detention facility that is not
22-59    operated by a governmental entity.
22-60          SECTION 31.  Section 576.025(a), Health and Safety Code, is
22-61    amended to read as follows:
22-62          (a)  A person may not administer a psychoactive medication to
22-63    a patient receiving voluntary or involuntary mental health services
22-64    who refuses the administration unless:
22-65                (1)  the patient is having a medication-related
22-66    emergency;
22-67                (2)  the patient is younger than 16 years of age and
22-68    the patient's parent, managing conservator, or guardian consents to
22-69    the administration on behalf of the patient;
 23-1                (3)  the refusing patient's representative authorized
 23-2    by law to consent on behalf of the patient has consented to the
 23-3    administration;
 23-4                (4)  the administration of the medication regardless of
 23-5    the patient's refusal is authorized by an order issued under
 23-6    Section 574.106; or
 23-7                (5)  the patient is receiving court-ordered mental
 23-8    health services authorized by an order issued under:
 23-9                      (A)  Article 46.02 or  46.03, Code of Criminal
23-10    Procedure; or
23-11                      (B)  Chapter 55, Family Code.
23-12          SECTION 32.  Section 61.077, Human Resources Code, is amended
23-13    by adding Subsections (c)-(f) to read as follows:
23-14          (c)  If a child who is discharged from the commission under
23-15    Subsection (b) as a result of mental illness is not receiving
23-16    court-ordered mental health services, the child's discharge is
23-17    effective on the earlier of:
23-18                (1)  the date the court enters an order regarding an
23-19    application for mental health services filed under Section
23-20    61.0772(b); or
23-21                (2)  the 30th day after the date the application is
23-22    filed.
23-23          (d)  If a child who is discharged from the commission under
23-24    Subsection (b) as a result of mental illness is receiving
23-25    court-ordered mental health services, the child's discharge from
23-26    the commission is effective immediately.  If the child is receiving
23-27    mental health services outside the child's home county, the
23-28    commission shall notify the mental health authority located in that
23-29    county of the discharge not later than the 30th day after the date
23-30    that the child's discharge is effective.
23-31          (e)  If a child who is discharged from the commission under
23-32    Subsection (b) as a result of mental retardation is not receiving
23-33    mental retardation services, the child's discharge is effective on
23-34    the earlier of:
23-35                (1)  the date the court enters an order regarding an
23-36    application for mental retardation services filed under Section
23-37    61.0772(c); or
23-38                (2)  the 30th day after the date that the application
23-39    is filed.
23-40          (f)  If a child who is discharged from the commission under
23-41    Subsection (b) as a result of mental retardation is receiving
23-42    mental retardation services, the child's discharge from the
23-43    commission is effective immediately.
23-44          SECTION 33.  Sections 61.0772(b) and (c), Human Resources
23-45    Code, are amended to read as follows:
23-46          (b)  Before [Not later than the 30th day before the date] a
23-47    child who is identified as mentally ill is discharged from the
23-48    commission's custody under Section 61.077(b), a commission
23-49    psychiatrist shall examine the child. The commission [psychiatrist]
23-50    shall file a sworn application for court-ordered mental health
23-51    services, as provided in Subchapter C, Chapter 574, Health and
23-52    Safety Code, if:
23-53                (1)  the child is not receiving court-ordered mental
23-54    health services; and
23-55                (2)  the psychiatrist who examined the child determines
23-56    that the child is mentally ill and the child meets at least one of
23-57    the criteria listed in Section 574.034, Health and Safety Code.
23-58          (c)  Before [Not later than the 30th day before the date] a
23-59    child who is identified as mentally retarded under Chapter 593,
23-60    Health and Safety Code, is discharged from the commission's custody
23-61    under Section 61.077(b), the commission shall refer the child for
23-62    [a determination of] mental retardation services if the child is
23-63    not receiving mental retardation services [and an interdisciplinary
23-64    team recommendation of the child, as provided by Chapter 593,
23-65    Health and Safety Code, to be performed at a facility approved or
23-66    operated by the Texas Department of Mental Health and Mental
23-67    Retardation or at a community center established in accordance with
23-68    Chapter 534, Health and Safety Code].
23-69          SECTION 34.  Section 61.093(b), Human Resources Code, is
 24-1    amended to read as follows:
 24-2          (b)  A child who is arrested or taken into custody under
 24-3    Subsection (a) [of this section] may be detained in any suitable
 24-4    place, including an adult jail facility if the person is 17 years
 24-5    of age or older, until the child is returned to the custody of the
 24-6    commission or transported to a commission facility.
 24-7          SECTION 35.  Section 729.001(c), Transportation Code, is
 24-8    amended to read as follows:
 24-9          (c)  An offense under this section is punishable by the fine
24-10    or other sanction, other than confinement or imprisonment,
24-11    authorized by statute for violation of the traffic law listed under
24-12    Subsection (a) that is the basis of the prosecution under this
24-13    section  [a Class C misdemeanor].
24-14          SECTION 36.  Section 729.002(b), Transportation Code, is
24-15    amended to read as follows:
24-16          (b)  An offense under this section is punishable in the same
24-17    manner as if the person was 17 years of age or older and operated a
24-18    motor vehicle without a license as described by Subsection (a),
24-19    except that an offense under this section is not punishable by
24-20    confinement or imprisonment [a Class C misdemeanor].
24-21          SECTION 37.  Sections 141.0475 and 141.0476, Human Resources
24-22    Code, are repealed.
24-23          SECTION 38.  (a)  Except as provided otherwise by this
24-24    section, the change in law made by this Act applies only to conduct
24-25    that occurs on or after the effective date of this Act.  Conduct
24-26    violating a penal law of the state occurs on or after the effective
24-27    date of this Act if every element of the violation occurs on or
24-28    after that date.  Conduct that occurs before the effective date of
24-29    this Act is covered by the law in effect at the time the conduct
24-30    occurred, and the former law is continued in effect for that
24-31    purpose.
24-32          (b)  The change in law made by Sections 16, 18, and 19 of
24-33    this Act applies to the dissemination or inspection of information
24-34    on or after the effective date of this Act without regard to
24-35    whether the information was compiled before, on, or after that
24-36    date.
24-37          (c)  The change in law made by Section 26 of this Act applies
24-38    only to a report received by a local law enforcement agency or the
24-39    Texas Juvenile Probation Commission on or after the effective date
24-40    of this Act.
24-41          (d)  The change in law made by Section 8 of this Act applies
24-42    to discretionary transfer proceedings in which the discretionary
24-43    transfer petition or motion was filed on after the effective date
24-44    of this Act.
24-45          SECTION 39.  The change in law made by Section 25.0011,
24-46    Education Code, as added by this Act, applies beginning with the
24-47    1999-2000 school year.
24-48          SECTION 40.  This Act takes effect September 1, 1999.
24-49          SECTION 41.  The importance of this legislation and the
24-50    crowded condition of the calendars in both houses create an
24-51    emergency and an imperative public necessity that the
24-52    constitutional rule requiring bills to be read on three several
24-53    days in each house be suspended, and this rule is hereby suspended.
24-54                                 * * * * *