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A BILL TO BE ENTITLED
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AN ACT
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relating to restitution for property damaged with graffiti by |
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juveniles. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.0481, Family Code, is amended by |
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amending Subsections (a) and (c) and adding Subsections (a-1) and |
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(a-2) to read as follows: |
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(a) Except as provided by Subsection (a-1), a [A] juvenile |
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court, in a disposition hearing under Section 54.04 regarding a |
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child who has been adjudicated to have engaged in delinquent |
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conduct that violates Section 28.08, Penal Code: |
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(1) may order the child or a parent or other person |
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responsible for the child's support to make restitution by: |
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(A) reimbursing the owner of the property for the |
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cost of restoring the property; or |
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(B) with the consent of the owner of the |
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property, personally restoring the property by removing or painting |
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over any markings the child made; and |
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(2) if the child made markings on public property, a |
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street sign, or an official traffic-control device in violation of |
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Section 28.08, Penal Code, may order the child or a parent or other |
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person responsible for the child's support to: |
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(A) make to the political subdivision that owns |
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the public property or erected the street sign or official |
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traffic-control device restitution in an amount equal to the lesser |
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of the cost to the political subdivision of replacing or restoring |
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the public property, street sign, or official traffic-control |
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device; or |
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(B) with the consent of the political |
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subdivision, restore the public property, street sign, or official |
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traffic-control device by removing or painting over any markings |
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made by the child on the property, sign, or device. |
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(a-1) A juvenile court, in a disposition hearing described |
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by Subsection (a) involving a child who has previously been |
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adjudicated for having engaged in delinquent conduct that violates |
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Section 28.08, Penal Code, in addition to any other disposition |
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ordered: |
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(1) if the child made markings on private property, |
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shall order the child and the parent or other person responsible for |
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the child's support to make restitution by personally restoring the |
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property by removing or painting over any markings the child made, |
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with the consent of the owner of the property; and |
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(2) if the child made markings on public property, |
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including a street sign or an official traffic-control device, |
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shall order the child and the parent or other person responsible for |
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the child's support to restore the public property by removing or |
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painting over any markings made by the child on the property, with |
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the consent of the governmental entity that owns the property. |
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(a-2) A juvenile court may not require that a child or a |
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child's parent or other person responsible for the child's support |
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personally restore the property under this section if: |
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(1) the individual is physically or mentally incapable |
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of participating in the restoration; or |
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(2) the restoration is inherently dangerous or would |
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otherwise endanger the health or safety of the individual. |
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(c) For purposes of this section [Subsection (a)], |
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"official traffic-control device" has the meaning assigned by |
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Section 541.304, Transportation Code. |
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SECTION 2. The change in law made by this Act applies only |
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to conduct violating a penal law that occurs on or after the |
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effective date of this Act. Conduct violating a penal law that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the conduct occurred, and the former law is |
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continued in effect for that purpose. For purposes of this section, |
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conduct violating a penal law occurred before the effective date of |
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this Act if any element of the violation occurred before that date. |
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SECTION 3. This Act takes effect September 1, 2011. |