77R8428 JMC-D                           
         By Clark                                              H.B. No. 1790
         Substitute the following for H.B. No. 1790:
         By Goodman                                        C.S.H.B. No. 1790
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the requirement of notifying the parent or guardian of
 1-3     a child who is referred to juvenile court but who is not taken into
 1-4     custody.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 52.04, Family Code, is amended by amending
 1-7     the section heading to read as follows:
 1-8           Sec. 52.04.  REFERRAL TO JUVENILE COURT; NOTICE TO PARENTS.
 1-9           SECTION 2. Section 52.04, Family Code, is amended by adding
1-10     Subsection (d) to read as follows:
1-11           (d)  On referral of the case of a child who has not been
1-12     taken into custody to the office or official designated by the
1-13     juvenile court, the office or official designated by the juvenile
1-14     court shall promptly give notice of the referral and a statement of
1-15     the reason for the referral to the child's parent, guardian, or
1-16     custodian.
1-17           SECTION 3. This Act takes effect September 1, 2001, and
1-18     applies only to a referral based on conduct that occurs on or after
1-19     that date.  A referral based on conduct that occurs before the
1-20     effective date of this Act is covered by the law in effect at the
1-21     time the conduct occurred, and the former law is continued in
1-22     effect for that purpose.  For purposes of this section, conduct
1-23     violating a penal law of the state occurred before the effective
1-24     date of this Act if any element of the violation occurred before
 2-1     that date.