Amend CSHB 3689 (house committee printing) as follows:                       

(1)  Strike the recital to SECTION 5.004 of the bill (page 	50, lines 24 through 26) and substitute:
	SECTION 5.004.  Section 54.04, Family Code, is amended by 
amending Subsections (d), (l), and (u) and adding Subsections (t) 
and (y) to read as follows:
	(2)  On page 50, between lines 26 and 27, insert:                              
	(d)  If the court or jury makes the finding specified in 
Subsection (c) allowing the court to make a disposition in the case:
		(1)  the court or jury may, in addition to any order 
required or authorized under Section 54.041 or 54.042, place the 
child on probation on such reasonable and lawful terms as the court 
may determine:
			(A)  in the child's own home or in the custody of a 
relative or other fit person;  or
			(B)  subject to the finding under Subsection (c) 
on the placement of the child outside the child's home, in:
				(i)  a suitable foster home;                                                
				(ii)  a suitable public or private 
residential treatment facility licensed by a state governmental 
entity or exempted from licensure by state law, except a facility 
operated by the Texas Youth Commission; or
				(iii)  a suitable public or private 
post-adjudication secure correctional facility that meets the 
requirements of Section 51.125, except a facility operated by the 
Texas Youth Commission;
		(2)  if the court or jury found at the conclusion of the 
adjudication hearing that the child engaged in delinquent conduct 
that violates a penal law of this state or the United States of the 
grade of felony or, if the requirements of Subsection (t) are met, 
of the grade of misdemeanor, and if the petition was not approved by 
the grand jury under Section 53.045, the court may commit the child 
to the Texas Youth Commission without a determinate sentence;
		(3)  if the court or jury found at the conclusion of the 
adjudication hearing that the child engaged in delinquent conduct 
that included a violation of a penal law listed in Section 53.045(a) 
and if the petition was approved by the grand jury under Section 
53.045, the court or jury may sentence the child to commitment in 
the Texas Youth Commission with a possible transfer to the Texas 
Department of Criminal Justice for a term of:
			(A)  not more than 40 years if the conduct 
constitutes:                    
				(i)  a capital felony;                                                      
				(ii)  a felony of the first degree;  or                                     
				(iii)  an aggravated controlled substance 
felony;                         
			(B)  not more than 20 years if the conduct 
constitutes a felony of the second degree;  or
			(C)  not more than 10 years if the conduct 
constitutes a felony of the third degree;
		(4)  the court may assign the child an appropriate 
sanction level and sanctions as provided by the assignment 
guidelines in Section 59.003;  or
		(5)  if applicable, the court or jury may make a 
disposition under Subsection (m).
	(3)  On page 51, between lines 6 and 7, insert:                                
	(t)  The court may make a disposition under Subsection (d)(2) 
for delinquent conduct that violates a penal law of the grade of 
misdemeanor if:
		(1)  the child has been adjudicated as having engaged 
in delinquent conduct violating a penal law of the grade of felony 
on at least one previous occasion; and
		(2)  the conduct that is the basis of the current 
adjudication occurred after the date of that previous adjudication.
	(u)  For the purposes of disposition under Subsection 
(d)(2), delinquent conduct that violates a penal law of this state 
of the grade of felony or misdemeanor does not include conduct that 
violates a lawful order of a county, municipal, justice, or 
juvenile court under circumstances that would constitute contempt 
of that court.
	(4)  Strike the recital to SECTION 5.007 of the bill (page 
52, lines 19 and 20) and substitute:
	SECTION 5.007.  Section 54.05, Family Code, is amended by 
amending Subsections (b) and (f) and adding Subsection (k) to read 
as follows:
	(5)  On page 52, between lines 24 and 25, insert:                              
	(f)  Except as provided by Subsection (j), a disposition 
based on a finding that the child engaged in delinquent conduct that 
violates a penal law of this state or the United States of the grade 
of felony or, if the requirements of Subsection (k) are met, of the 
grade of misdemeanor, may be modified so as to commit the child to 
the Texas Youth Commission if the court after a hearing to modify 
disposition finds by a preponderance of the evidence that the child 
violated a reasonable and lawful order of the court.  A disposition 
based on a finding that the child engaged in habitual felony conduct 
as described by Section 51.031 or in delinquent conduct that 
included a violation of a penal law listed in Section 53.045(a) may 
be modified to commit the child to the Texas Youth Commission with a 
possible transfer to the Texas Department of Criminal Justice for a 
definite term prescribed by Section 54.04(d)(3) if the original 
petition was approved by the grand jury under Section 53.045 and if 
after a hearing to modify the disposition the court finds that the 
child violated a reasonable and lawful order of the court.
	(k)  The court may modify a disposition under Subsection (f) 
that is based on an adjudication that the child engaged in 
delinquent conduct that violates a penal law of the grade of 
misdemeanor if:
		(1)  the child has been adjudicated as having engaged 
in delinquent conduct violating a penal law of the grade of felony 
on at least one previous occasion before the adjudication that 
prompted the disposition that is being modified; and
		(2)  the conduct that was the basis of the adjudication 
that prompted the disposition that is being modified occurred after 
the date of that previous adjudication.