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AN ACT
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relating to jurisdiction over certain child protection and juvenile |
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matters involving juvenile offenders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.04, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (h) to read as |
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follows: |
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(a) This title covers the proceedings in all cases involving |
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the delinquent conduct or conduct indicating a need for supervision |
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engaged in by a person who was a child within the meaning of this |
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title at the time the person engaged in the conduct, and, except as |
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provided by Subsection (h) or Section 51.0414, the juvenile court |
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has exclusive original jurisdiction over proceedings under this |
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title. |
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(h) A judge exercising jurisdiction over a child in a suit |
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instituted under Subtitle E, Title 5, may refer any aspect of a suit |
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involving the child that is instituted under this title to the |
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appropriate associate judge appointed under Subchapter C, Chapter |
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201, serving in the county and exercising jurisdiction over the |
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child under Subtitle E, Title 5, if the associate judge consents to |
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the referral. The scope of an associate judge's authority over a |
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suit referred under this subsection is subject to any limitations |
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placed by the court judge in the order of referral. |
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SECTION 2. Chapter 51, Family Code, is amended by adding |
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Section 51.0414 to read as follows: |
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Sec. 51.0414. DISCRETIONARY TRANSFER TO COMBINE |
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PROCEEDINGS. (a) The juvenile court may transfer a child's case, |
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including transcripts of records and documents for the case, to a |
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district or statutory county court located in another county that |
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is exercising jurisdiction over the child in a suit instituted |
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under Subtitle E, Title 5. A case may only be transferred under |
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this section with the consent of the judge of the court to which the |
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case is being transferred. |
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(b) Notwithstanding Section 51.04, a district or statutory |
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county court to which a case is transferred under this section has |
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jurisdiction over the transferred case regardless of whether the |
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court is a designated juvenile court or alternative juvenile court |
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in the county. |
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(c) If the court exercising jurisdiction over the child |
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under Subtitle E, Title 5, consents to a transfer under this |
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section, the juvenile court shall file the transfer order with the |
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clerk of the transferring court. On receipt and without a hearing |
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or further order from the juvenile court, the clerk of the |
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transferring court shall transfer the files, including transcripts |
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of records and documents for the case as soon as practicable but not |
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later than the 10th day after the date an order of transfer is |
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filed. |
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(d) On receipt of the pleadings, documents, and orders from |
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the transferring court, the clerk of the receiving court shall |
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notify the judge of the receiving court, all parties, and the clerk |
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of the transferring court. |
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SECTION 3. Section 201.204, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) An associate judge may hear and render an order in a suit |
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referred to the associate judge by a juvenile court under Section |
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51.04, subject to the limitations placed on the associate judge's |
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authority in the order of referral. |
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SECTION 4. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurred before the effective |
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date of this Act if any element of the conduct occurred before that |
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date. |
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SECTION 5. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1887 passed the Senate on |
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April 11, 2019, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 23, 2019, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1887 passed the House, with |
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amendment, on May 17, 2019, by the following vote: Yeas 147, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |