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From the 2005 Regular Session of the Texas Legislature

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	H.B. No. 1575



AN ACT



relating to juvenile delinquency; providing
a criminal penalty.


BE IT ENACTED BY THE LEGISLATURE OF THE
STATE OF TEXAS:


SECTION 1.  Section 51.02(16), Family Code,
is amended to read as follows:


(16)  "Traffic offense" means:


(A)  a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for
conduct for which the person convicted may be sentenced
to imprisonment or confinement in jail:


(i)  conduct constituting an offense
under Section 521.457, Transportation Code;


(ii)  conduct constituting an
offense under Section 550.021, Transportation Code;


(iii)  conduct constituting an
offense punishable as a Class B misdemeanor under Section
550.022, Transportation Code;


(iv)  conduct constituting an
offense punishable as a Class B misdemeanor under Section
550.024, Transportation Code;  or


(v)  conduct constituting an offense
punishable as a Class B misdemeanor under Section 550.025,
Transportation Code; or


(B)  a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state.


SECTION 2.  Section 51.03(d), Family Code,
is amended to read as follows:


(d)  It is an affirmative defense to an
allegation of conduct under Subsection (b)(2) that
one or more of the absences required to be proven under
that subsection have been excused by a school official
or should be excused by the court
or that one or more of the absences were
was involuntary, but only if
there is an insufficient number of unexcused or voluntary
absences remaining to constitute conduct under Subsection
(b)(2).  The burden is on the respondent to show
by a preponderance of the evidence that the absence
has been or should be excused or that the absence was
involuntary.  A decision by the court to excuse an
absence for purposes of this subsection does not affect
the ability of the school district to determine whether
to excuse the absence for another purpose.


SECTION 3.  Section 51.07, Family Code,
is amended to read as follows:


Sec. 51.07.  TRANSFER TO ANOTHER COUNTY
FOR DISPOSITION.  (a)  When
a child has been found to have engaged in delinquent
conduct or conduct indicating a need for supervision
under Section 54.03 of this code,
the juvenile court, with the consent of the
child and appropriate adult given in accordance with
Section 51.09 of this code, may transfer
the case and transcripts of records and documents to
the juvenile court of the county where the child resides
for disposition of the case under Section 54.04 of
this code.  Consent by the court of the
county where the child resides is not required.


(b)  When a child who is on probation
moves with his family from one county to another, the
juvenile court may transfer the case to the juvenile
court in the county of the child's new residence if
the transfer is in the best interest of the child.
 In all other cases of transfer, consent of the receiving
court is required.  The transferring court shall forward
transcripts of records and documents in the case to
the judge of the receiving court.


SECTION 4.  Chapter 51, Family Code, is
amended by adding Sections 51.071-51.075 to read as
follows:


Sec. 51.071.  TRANSFER OF PROBATION
SUPERVISION BETWEEN COUNTIES: COURTESY SUPERVISION
PROHIBITED.  Except as provided by Section 51.075,
a juvenile court or juvenile probation department may
not engage in the practice of courtesy supervision
of a child on probation.


Sec. 51.072.  TRANSFER OF PROBATION
SUPERVISION BETWEEN COUNTIES: INTERIM SUPERVISION.
 (a)  In this section:


(1)  "Receiving county" means the county
to which a child on probation has moved or intends
to move.


(2)  "Sending county" means the county
that:


(A)  originally placed the child on
probation; or


(B)  assumed permanent supervision of
the child under an inter-county transfer of probation
supervision.


(b)  When a child on probation moves
or intends to move from one county to another and intends
to remain in the receiving county for at least 60 days,
the juvenile probation department of the sending county
shall request that the juvenile probation department
of the receiving county provide interim supervision
of the child.


(c)  The juvenile probation department
of the receiving county may refuse the request to provide
interim supervision only if:


(1)  the residence of the child in the
receiving county is in a residential placement facility
arranged by the sending county; or


(2)  the residence of the child in the
receiving county is in a foster care placement arranged
by the Department of Family and Protective Services.


(d)  The juvenile probation department
of the sending county shall initiate the request for
interim supervision by electronic communication to
the probation officer designated as the inter-county
transfer officer for the juvenile probation department
of the receiving county or, in the absence of this
designation, to the chief juvenile probation officer.


(e)  The juvenile probation department
of the sending county shall provide the juvenile probation
department of the receiving county with the following
information in the request for interim supervision
initiated under Subsection (d):


(1)  the child's name, sex, age, and
date of birth;


(2)  the name, address, date of birth,
and social security or driver's license number of the
person with whom the child proposes to reside or is
residing in the receiving county;


(3)  the offense for which the child
is on probation;


(4)  the length of the child's probation
term;


(5)  a brief summary of the child's
history of referrals;


(6)  a brief statement of any special
needs of the child; and


(7)  the reason for the child moving
or intending to move to the receiving county.


(f)  Not later than five business days
after a receiving county has agreed to provide interim
supervision of a child, the juvenile probation department
of the sending county shall provide the juvenile probation
department of the receiving county with a copy of the
following documents:


(1)  the petition and the adjudication
and disposition orders for the child, including the
child's thumbprint;


(2)  the child's conditions of probation;


(3)  the social history report for the
child;


(4)  any psychological or psychiatric
reports concerning the child;


(5)  the Department of Public Safety
CR 43J form or tracking incident number concerning
the child;


(6)  any law enforcement incident reports
concerning the offense for which the child is on probation;


(7)  any sex offender registration information
concerning the child;


(8)  any juvenile probation department
progress reports concerning the child and any other
pertinent documentation for the child's probation officer;


(9)  case plans concerning the child;


(10)  the Texas Juvenile Probation Commission
standard assessment tool results for the child;


(11)  the computerized referral and
case history for the child, including case disposition;


(12)  the child's birth certificate;


(13)  the child's social security number
or social security card, if available;


(14)  the name, address, and telephone
number of the contact person in the sending county's
juvenile probation department;


(15)  Title IV-E eligibility screening
information for the child, if available;


(16)  the address in the sending county
for forwarding funds collected to which the sending
county is entitled;


(17)  any of the child's school or immunization
records that the juvenile probation department of the
sending county possesses; and


(18)  any victim information concerning
the case for which the child is on probation.


(g)  The juvenile probation department
of the receiving county shall supervise the child under
the probation conditions imposed by the sending county
and provide services similar to those provided to a
child placed on probation under the same conditions
in the receiving county.  On request of the juvenile
probation department of the receiving county, the juvenile
court of the receiving county may modify the original
probation conditions and impose new conditions using
the procedures in Section 54.05.  The juvenile court
of the receiving county may not modify a financial
probation condition imposed by the juvenile court of
the sending county or the length of the child's probation
term.  The juvenile court of the receiving county shall
designate a cause number for identifying the modification
proceedings.


(h)  The juvenile court of the sending
county may revoke probation for a violation of a condition
imposed by the juvenile court of the sending county
only if the condition has not been specifically modified
or replaced by the juvenile court of the receiving
county.  The juvenile court of the receiving county
may revoke probation for a violation of a condition
of probation that the juvenile court of the receiving
county has modified or imposed.


(i)  If a child is reasonably believed
to have violated a condition of probation imposed by
the juvenile court of the sending county, the juvenile
court of the sending or receiving county may issue
a directive to apprehend or detain the child in a certified
detention facility, as in other cases of  probation
violation.  In order to respond to a probation violation
under this subsection, the juvenile court of the receiving
county may:


(1)  modify the conditions of probation
or extend the probation term; or


(2)  require that the juvenile probation
department of the sending county resume direct supervision
for the child.


(j)  On receiving a directive from the
juvenile court of the receiving county under Subsection
(i)(2), the juvenile probation department of the sending
county shall arrange for the prompt transportation
of the child back to the sending county at the expense
of the sending county.


(k)  The juvenile probation department
of the receiving county is entitled to any probation
supervision fees collected from the child or the child's
parent while providing interim supervision for the
child.


(l)  The sending county is financially
responsible for any special treatment program or placement
that the juvenile court of the sending county requires
as a condition of probation if the child's family is
financially unable to pay for the program or placement.


(m)  Except as provided by Subsection
(n), a period of interim supervision may not exceed
180 days.  Permanent supervision automatically transfers
to the juvenile probation department of the receiving
county after the expiration of the period of interim
supervision.  The juvenile probation department of
the receiving county may request permanent supervision
from the juvenile probation department of the sending
county at any time before the 180-day interim supervision
period expires.


(n)  Notwithstanding Subsection (m),
the period of interim supervision of a child who is
placed on probation under Section 54.04(q) does not
expire until the child has satisfactorily completed
one-third of the term of probation, including one-third
of the term of any extension of the probation term
ordered under Section 54.05.  Permanent supervision
automatically transfers to the probation department
of the receiving county after the expiration of the
period of interim supervision under this subsection.
 The juvenile court of the sending county may order
transfer of the permanent supervision before the expiration
of the period of interim supervision under this subsection.


(o)  At least once every 90 days during
the period of interim supervision, the juvenile probation
department of the receiving county shall provide the
juvenile probation department of the sending county
with a progress report of supervision concerning the
child.


Sec. 51.073.  TRANSFER OF PROBATION
SUPERVISION BETWEEN COUNTIES: PERMANENT SUPERVISION.
 (a)  In this section:


(1)  "Receiving county" means the county
to which a child on probation has moved or intends
to move.


(2)  "Sending county" means the county
that:


(A)  originally placed the child on
probation; or


(B)  assumed permanent supervision of
the child under an inter-county transfer of probation
supervision.


(b)  On transfer of permanent supervision
of a child under Section 51.072(m) or (n), the juvenile
court of the sending county shall order the juvenile
probation department of the sending county to provide
the juvenile probation department of the receiving
county with the order of transfer.  On receipt of the
order of transfer, the juvenile probation department
of the receiving county shall ensure that the order
of transfer, the petition, the order of adjudication,
the order of disposition, and the conditions of probation
are filed with the clerk of the juvenile court of the
receiving county.


(c)  The juvenile court of the receiving
county shall require that the child be brought before
the court in order to impose conditions of probation.
 The child shall be represented by counsel as provided
by Section 51.10.


(d)  Once permanent supervision is transferred
to the juvenile probation department of the receiving
county, the receiving county is fully responsible for
selecting and imposing conditions of probation, providing
supervision, modifying conditions of probation, and
revoking probation.  The sending county has no further
jurisdiction over the child's case.


(e)  This section does not affect the
sending county's jurisdiction over any new offense
committed by the child in the sending county.


Sec. 51.074.  TRANSFER OF PROBATION
SUPERVISION BETWEEN COUNTIES:  DEFERRED PROSECUTION.
 A juvenile court may transfer interim supervision,
but not permanent supervision, to the county where
a child on deferred prosecution resides.


Sec. 51.075.  COLLABORATIVE SUPERVISION
BETWEEN ADJOINING COUNTIES.  (a)  If a child who is
on probation in one county spends substantial time
in an adjoining county, including residing, attending
school, or working in the adjoining county, the juvenile
probation departments of the two counties may enter
into a collaborative supervision arrangement regarding
the child.


(b)  Under a collaborative supervision
arrangement, the juvenile probation department of the
adjoining county may authorize a probation officer
for the county to provide supervision and other services
for the child as an agent of the juvenile probation
department of the county in which the child was placed
on probation.  The probation officer providing supervision
and other services for the child in the adjoining county
shall provide the probation officer supervising the
child in the county in which the child was placed on
probation with periodic oral, electronic, or written
reports concerning the child.


(c)  The juvenile court of the county
in which the child was placed on probation retains
sole authority to modify, amend, extend, or revoke
the child's probation.


SECTION 5.  Section 51.095, Family Code,
is amended by amending Subsection (a) and adding Subsection
(f) to read as follows:


(a)  Notwithstanding Section 51.09, the
statement of a child is admissible in evidence in any
future proceeding concerning the matter about which
the statement was given if:


(1)  the statement is made in writing under
a circumstance described by Subsection (d) and:


(A)  the statement shows that the child
has at some time before the making of the statement
received from a magistrate a warning that:


(i)  the child may remain silent and not
make any statement at all and that any statement that
the child makes may be used in evidence against the
child;


(ii)  the child has the right to have an
attorney present to advise the child either prior to
any questioning or during the questioning;


(iii)  if the child is unable to employ
an attorney, the child has the right to have an attorney
appointed to counsel with the child before or during
any interviews with peace officers or attorneys representing
the state; and


(iv)  the child has the right to terminate
the interview at any time;


(B)  and:


(i)  the statement must be signed in the
presence of a magistrate by the child with no law enforcement
officer or prosecuting attorney present, except that
a magistrate may require a bailiff or a law enforcement
officer if a bailiff is not available to be present
if the magistrate determines that the presence of the
bailiff or law enforcement officer is necessary for
the personal safety of the magistrate or other court
personnel, provided that the bailiff or law enforcement
officer may not carry a weapon in the presence of the
child; and


(ii)  the magistrate must be fully convinced
that the child understands the nature and contents
of the statement and that the child is signing the
same voluntarily, and if a statement is taken, the
magistrate must sign a written statement verifying
the foregoing requisites have been met;


(C)  the child knowingly, intelligently,
and voluntarily waives these rights before and during
the making of the statement and signs the statement
in the presence of a magistrate; and


(D)  the magistrate certifies that the
magistrate has examined the child independent of any
law enforcement officer or prosecuting attorney, except
as required to ensure the personal safety of the magistrate
or other court personnel, and has determined that the
child understands the nature and contents of the statement
and has knowingly, intelligently, and voluntarily waived
these rights;


(2)  the statement is made orally and the
child makes a statement of facts or circumstances that
are found to be true and tend to establish the child's
guilt, such as the finding of secreted or stolen property,
or the instrument with which the child states the offense
was committed;


(3)  the statement was res gestae of the
delinquent conduct or the conduct indicating a need
for supervision or of the arrest;


(4)  the statement is made:


(A)  in open court at the child's adjudication
hearing;


(B)  before a grand jury considering a
petition, under Section 53.045, that the child engaged
in delinquent conduct; or


(C)  at a preliminary hearing concerning
the child held in compliance with this code, other
than at a detention hearing under Section 54.01; or


(5)  subject to Subsection (f),
the statement is made orally under a circumstance described
by Subsection (d) and the statement is recorded by
an electronic recording device, including a device
that records images, and:


(A)  before making the statement, the child
is given the warning described by Subdivision (1)(A)
by a magistrate, the warning is a part of the recording,
and the child knowingly, intelligently, and voluntarily
waives each right stated in the warning;


(B)  the recording device is capable of
making an accurate recording, the operator of the device
is competent to use the device, the recording is accurate,
and the recording has not been altered;


(C)  each voice on the recording is identified;
and


(D)  not later than the 20th day before
the date of the proceeding, the attorney representing
the child is given a complete and accurate copy of
each recording of the child made under this subdivision.


(f)  A magistrate who provides the warnings
required by Subsection (a)(5) for a videotaped statement
may at the time the warnings are provided request by
speaking on the tape recording that the officer return
the child and the videotape to the magistrate at the
conclusion of the process of questioning.  The magistrate
may then view the videotape with the child or have
the child view the videotape to enable the magistrate
to determine whether the child's statements were given
voluntarily. If a magistrate uses the procedure described
by this subsection, a child's statement is not admissible
unless the magistrate determines that the statement
was given voluntarily.


SECTION 6.  Section 51.17, Family Code,
is amended by adding Subsection (g) to read as follows:


(g)  Articles 21.07, 26.07, 26.08, 26.09,
and 26.10, Code of Criminal Procedure, relating to
the name of an adult defendant in a criminal case,
apply to a child in a proceeding held under this title.


SECTION 7.  Section 51.20, Family Code,
is amended by adding Subsections (c), (d), and (e)
to read as follows:


(c)  If, while a child is under deferred
prosecution supervision or court-ordered probation,
a qualified professional determines that the child
has a mental illness or mental retardation and the
child is not currently receiving treatment services
for the mental illness or mental retardation, the probation
department shall refer the child to the local mental
health or mental retardation authority for evaluation
and services.


(d)  A probation department shall report
each referral of a child to a local mental health or
mental retardation authority made under Subsection
(b) or (c) to the Texas Juvenile Probation Commission
in a format specified by the commission.


(e)  At any stage of the proceedings
under this title, the juvenile court may order a child
who has been referred to the juvenile court or who
is alleged by the petition or found to have engaged
in delinquent conduct or conduct indicating a need
for supervision to be subjected to a physical examination
by a licensed physician.


SECTION 8.  Chapter 51, Family Code, is
amended by adding Section 51.21 to read as follows:


Sec. 51.21.  MENTAL HEALTH SCREENING
AND REFERRAL.  (a)  A probation department that administers
the mental health screening instrument or clinical
assessment required by Section 141.042(e), Human Resources
Code, shall refer the child to the local mental health
authority for assessment and evaluation if:


(1)  the child's scores on the screening
instrument or clinical assessment indicate a need for
further mental health assessment and evaluation; and


(2)  the department and child do not
have access to an internal, contract, or private mental
health professional.


(b)  A probation department shall report
each referral of a child to a local mental health authority
made under Subsection (a) to the Texas Juvenile Probation
Commission in a format specified by the commission.


SECTION 9.  Section 52.01(a), Family Code,
is amended to read as follows:


(a)  A child may be taken into custody:


(1)  pursuant to an order of the juvenile
court under the provisions of this subtitle;


(2)  pursuant to the laws of arrest;


(3)  by a law-enforcement officer, including
a school district peace officer commissioned under
Section 37.081, Education Code, if there is probable
cause to believe that the child has engaged in:


(A)  conduct that violates a penal law
of this state or a penal ordinance of any political
subdivision of this state;


(B)  delinquent conduct or conduct indicating
a need for supervision; or


(C)  conduct that violates a condition
of probation imposed by the juvenile court;


(4)  by a probation officer if there is
probable cause to believe that the child has violated
a condition of probation imposed by the juvenile court;
or


(5)  pursuant to a directive to apprehend
issued as provided by Section 52.015; or


(6)  by a probation officer if there
is probable cause to believe that the child has violated
a condition of release imposed by the juvenile court
or referee under Section 54.01.


SECTION 10.  Chapter 52, Family Code, is
amended by adding Section 52.0151 to read as follows:


Sec. 52.0151.  BENCH WARRANT; ATTACHMENT
OF WITNESS IN CUSTODY.  (a)  If a witness is in a placement
in the custody of the Texas Youth Commission, a juvenile
secure detention facility, or a juvenile secure correctional
facility, the court may issue a bench warrant or direct
that an attachment issue to require a peace officer
or probation officer to secure custody of the person
at the placement and produce the person in court. 
Once the person is no longer needed as a witness, the
court shall order the peace officer or probation officer
to return the person to the placement from which the
person was released.


(b)  The court may order that the person
who is the witness be detained in a certified juvenile
detention facility if the person is younger than 17
years of age.   If the person is at least 17 years
of age, the court may order that the person be detained
without bond in an appropriate county facility for
the detention of adults accused of criminal offenses.


SECTION 11.  Section 53.03, Family Code,
is amended by adding Subsection (k) to read as follows:


(k)  In deciding whether to grant deferred
prosecution under Subsection (i), the court may consider
professional representations by the parties concerning
the nature of the case and the background of the respondent.
 The representations made under this subsection by
the child or counsel for the child are not admissible
against the child at trial should the court reject
the application for deferred prosecution.


SECTION 12.  Section 54.01, Family Code,
is amended by adding Subsection (q-1) to read as follows:


(q-1)  The juvenile board may impose
an earlier deadline than the specified deadlines for
filing petitions under Subsection (q) and may specify
the consequences of not filing a petition by the deadline
the juvenile board has established.  The juvenile board
may authorize but not require the juvenile court to
release a respondent from detention for failure of
the prosecutor to file a petition by the juvenile board's
deadline.


SECTION 13.  Section 54.012(a), Family Code,
is amended to read as follows:


(a)  A detention hearing under Section
54.01, other than the first detention hearing,
may be held using interactive video equipment if:


(1)  the child and the child's attorney
agree to the video hearing; and


(2)  the parties to the proceeding have
the opportunity to cross-examine witnesses.


SECTION 14.  Chapter 54, Family Code, is
amended by adding Section 54.0408 to read as follows:


Sec. 54.0408.  REFERRAL OF CHILD EXITING
PROBATION TO MENTAL HEALTH OR MENTAL RETARDATION AUTHORITY.
 A juvenile probation officer shall refer a child who
has been determined to have a mental illness or mental
retardation to an appropriate local mental health or
mental retardation authority at least three months
before the child is to complete the child's juvenile
probation term unless the child is currently receiving
treatment from the local mental health or mental retardation
authority of the county in which the child resides.


SECTION 15.  Section 54.05, Family Code,
is amended by adding Subsection (m) to read as follows:


(m)  If the court places the child on
probation outside the child's home or commits the child
to the Texas Youth Commission, the court:


(1)  shall include in the court's order
a determination that:


(A)  it is in the child's best interests
to be placed outside the child's home;


(B)  reasonable efforts were made to
prevent or eliminate the need for the child's removal
from the child's home and to make it possible for the
child to return home; and


(C)  the child, in the child's home,
cannot be provided the quality of care and level of
support and supervision that the child needs to meet
the conditions of probation; and


(2)  may approve an administrative body
to conduct a permanency hearing pursuant to 42 U.S.C.
Section 675 if required during the placement or commitment
of the child.


SECTION 16.  Section 58.003, Family Code,
is amended by amending Subsections (a) and (o), and
adding Subsections (g-1) and (p) to read as follows:


(a)  Except as provided by Subsections
(b) and (c), on the application of a person who has
been found to have engaged in delinquent conduct or
conduct indicating a need for supervision, or a person
taken into custody to determine whether the person
engaged in delinquent conduct or conduct indicating
a need for supervision, on the juvenile court's own
motion or on receipt of a certification from
the Department of Public Safety of the State of Texas
that the records of a person are eligible for sealing
under this section, the court shall order
the sealing of the records in the case if the court
finds that:


(1)  two years have elapsed since final
discharge of the person or since the last official
action in the person's case if there was no adjudication;
and


(2)  since the time specified in Subdivision
(1), the person has not been convicted of a felony
or a misdemeanor involving moral turpitude or found
to have engaged in delinquent conduct or conduct indicating
a need for supervision and no proceeding is pending
seeking conviction or adjudication.


(g-1)  Any records collected or maintained
by the Texas Juvenile Probation Commission, including
statistical data submitted under Section 141.044, Human
Resources Code, are not subject to a sealing order
issued under this section.


(o)  An agency or official named in the
order that cannot seal the records because the information
required in the order under Subsection (p) there
is incorrect or insufficient information in
the order shall notify the court issuing
the order before the 61st day after the date the agency
or official receives the order.  The court shall notify
the person who made the application or who is the subject
of the records named in the motion, or the attorney
for that person, before the 61st day after the date
the court receives the notice that the agency or official
cannot seal the records because there is incorrect
or insufficient information in the order.


(p)  A person who is eligible to seal
records may file an application for the sealing of
records in a juvenile court of the county in which
the proceedings occurred.  The application and sealing
order entered on the application must include the following
information or an explanation for why one or more of
the following is not included:


(1)  the applicant's:


(A)  full name;


(B)  sex;


(C)  race or ethnicity;


(D)  date of birth;


(E)  driver's license or identification
card number; and


(F)  social security number;


(2)  the offense charged against the
applicant or for which the applicant was referred to
the juvenile justice system;


(3)  the date on which and the county
where the offense was alleged to have been committed;
and


(4)  if a petition was filed in the
juvenile court, the cause number assigned to the petition
and the court and county in which the petition was
filed.


SECTION 17.  Subchapter A, Chapter 58, Family
Code, is amended by adding Section 58.0072 to read
as follows:


Sec. 58.0072.  DISSEMINATION OF JUVENILE
JUSTICE INFORMATION.  (a)  Except as provided by this
section, juvenile justice information collected and
maintained by the Texas Juvenile Probation Commission
for statistical and research purposes is confidential
information for the use of the commission and may not
be disseminated by the commission.


(b)  Juvenile justice information consists
of information of the type described by Section 58.104,
including statistical data in any form or medium collected,
maintained, or submitted to the Texas Juvenile Probation
Commission under Section 141.044, Human Resources Code.


(c)  The Texas Juvenile Probation Commission
may grant the following entities access to juvenile
justice information for research and statistical purposes
or for any other purpose approved by the commission:


(1)  criminal justice agencies as defined
by Section 411.082, Government Code;


(2)  the Texas Education Agency;


(3)  any agency under the authority
of the Health and Human Services Commission; or


(4)  a public or private university.


(d)  The Texas Juvenile Probation Commission
may grant the following entities access to juvenile
justice information only for a purpose approved by
the commission:


(1)  a person working on a research
or statistical project that:


(A)  is funded in whole or in part by
state funds; or


(B)  meets the requirements of 28 C.F.R.
Part 22 and is approved by the commission; or


(2)  a governmental entity that has
a specific agreement with the commission, if the agreement:


(A)  specifically authorizes access
to information;


(B)  limits the use of information to
the purposes for which the information is given;


(C)  ensures the security and confidentiality
of the information; and


(D)  provides for sanctions if a requirement
imposed under Paragraph (A), (B), or (C) is violated.


(e)  The Texas Juvenile Probation Commission
shall grant access to juvenile justice information
for legislative purposes under Section 552.008, Government
Code.


(f)  The Texas Juvenile Probation Commission
may not release juvenile justice information in identifiable
form, except for information released under Subsection
(c)(1), (2), or (3) or under the terms of an agreement
entered into under Subsection (d)(2).  For purposes
of this subsection, identifiable information means
information that contains a juvenile offender's name
or other personal identifiers or that can, by virtue
of sample size or other factors, be reasonably interpreted
as referring to a particular juvenile offender.


(g)  The Texas Juvenile Probation Commission
is not required to release or disclose juvenile justice
information to any person not identified under this
section.


SECTION 18.  Section 58.104(f), Family Code,
is amended to read as follows:


(f)  Records maintained by the department
in the depository are subject to being sealed under
Section 58.003.  The department shall send
to the appropriate juvenile court its certification
of records that the department determines, according
to the department's records, are eligible for sealing
under Section 58.003(a).


SECTION 19.  Section 58.203, Family Code,
is amended to read as follows:


Sec. 58.203.  CERTIFICATION.  (a)
 The department shall certify to the juvenile
court or the juvenile probation department
to which a referral was made that resulted in information
being submitted to the juvenile justice information
system that the records relating to a person's juvenile
case are subject to automatic restriction of access
if:


(1)  the person is at least 21 years of
age;


(2)  the juvenile case did not include
violent or habitual felony conduct resulting in proceedings
in the juvenile court under Section 53.045;


(3)  the juvenile case was not certified
for trial in criminal court under Section 54.02; and


(4)  the department has not received a
report in its criminal history system that the person
was granted deferred adjudication for or convicted
of a felony or a misdemeanor punishable by confinement
in jail for an offense committed after the person became
17 years of age.


(b)  If the department's records relate
to a juvenile court with multicounty jurisdiction,
the department shall issue the certification described
by Subsection (a) to each juvenile probation department
that serves the court.  On receipt of the certification,
each juvenile probation department shall determine
whether it received the referral and, if it received
the referral, take the restrictive action notification
required by law.


(c)  The department may issue the certification
described by Subsection (a) by electronic means, including
by electronic mail.


SECTION 20.  Section 58.207(a), Family Code,
is amended to read as follows:


(a)  On certification of records in a case
under Section 58.203, the juvenile court shall order:


(1)  that the following records relating
to the case may be accessed only as provided by Section
58.204(b):


(A)  if the respondent was committed to
the Texas Youth Commission, records maintained by the
commission;


(B)  records maintained by the juvenile
probation department and by any agency that
provided care or custody of the child under order or
arrangement of the juvenile court;


(C)  records maintained by the clerk of
the court;


(D)  records maintained by the prosecutor's
office; and


(E)  records maintained by a law enforcement
agency; and


(2)  the juvenile probation department
to make a reasonable effort to notify the person who
is the subject of records for which access has been
restricted of the action restricting access and the
legal significance of the action for the person,
but only if the person has requested the notification
in writing and has provided the juvenile probation
department with a current address.


SECTION 21.  Section 58.208, Family Code,
is amended to read as follows:


Sec. 58.208.  INFORMATION TO CHILD ON DISCHARGE.
 On the final discharge of a child from the juvenile
system or on the last official action in the case,
if there is no adjudication, the appropriate juvenile
justice official shall provide to the child:


(1)  a written explanation of how automatic
restricted access under this subchapter works; and


(2)  a copy of this subchapter; and


(3)  a statement that if the child wishes
to receive notification of an action restricting access
to the child's records under Section 58.207(a), the
child must before the child's 21st birthday provide
the juvenile probation department with a current address
where the child can receive notification.


SECTION 22.  Subchapter C, Chapter 58, Family
Code, is amended by adding Section 58.211 to read as
follows:


Sec. 58.211.  RESCINDING RESTRICTED
ACCESS.  (a)  If the department has notified a juvenile
probation department that a record has been placed
on restricted access and the department later receives
information in the department's criminal history system
that the subject of the records has been convicted
of or placed on deferred adjudication for a felony
or a misdemeanor punishable by confinement in jail
for an offense committed after the person reached the
age of 17, the person's juvenile records are no longer
subject to restricted access.  The department shall
notify the appropriate local juvenile probation departments
in the manner described by Section 58.203 that the
person's records are no longer subject to restricted
access.


(b)  On receipt of the notification
described by Subsection (a), the juvenile probation
department shall notify the agencies that maintain
the person's juvenile records under Section 58.207(b)
that the person's records are no longer subject to
restricted access.


SECTION 23.  Section 58.301(5), Family Code,
is amended to read as follows:


(5)  "Partner agency" means a governmental
service provider or governmental placement facility
that is authorized required
by this subchapter to be a member of a local juvenile
justice information system or that has applied to be
a member of a local juvenile justice information system
and has been approved by the county juvenile board
or regional juvenile board committee as a member of
the system.


SECTION 24.  Sections 58.303(b) and (c),
Family Code, are amended to read as follows:


(b)  A local juvenile justice information
system may must contain the
following components:


(1)  case management resources for juvenile
courts, prosecuting attorneys, and county juvenile
probation departments;


(2)  reporting systems to fulfill statutory
requirements for reporting in the juvenile justice
system;


(3)  service provider directories and indexes
of agencies providing services to children; and


(4)  victim-witness notices required under
Chapter 57;.


(c)  A local juvenile justice
information system may contain the following components:


(5) (1)  electronic
filing of complaints or petitions;


(6) (2)  electronic
offense and intake processing;


(7) (3)  case
docket management and calendaring;


(8) (4)  communications
by email or other electronic communications between
partner agencies;


(9) (5)  reporting
of charges filed, adjudications and dispositions of
juveniles by municipal and justice courts and the juvenile
court, and transfers of cases to the juvenile court
as authorized or required by Section 51.08;


(10) (6)  reporting
to schools under Article 15.27, Code of Criminal Procedure,
by law enforcement agencies, prosecuting attorneys,
and juvenile courts;


(11) (7)  records
of adjudications and dispositions, including probation
conditions ordered by the juvenile court; and


(12) (8)  warrant
management and confirmation capabilities.


SECTION 25.  Section 58.305, Family Code,
is amended to read as follows:


Sec. 58.305.  PARTNER AGENCIES.  (a)  A
local juvenile justice information system shall
to the extent possible for a single county
shall include the following partner agencies
within that county:


(1)  the juvenile court;


(2)  justice of the peace and municipal
courts;


(3)  the county juvenile probation department;


(4)  the prosecuting attorneys who prosecute
juvenile cases in juvenile court, municipal court,
or justice court;


(5)  law enforcement agencies;


(6)  each public school district in the
county;


(7)  governmental service providers approved
by the county juvenile board; and


(8)  governmental placement facilities
approved by the county juvenile board.


(b)  A local juvenile justice information
system for a multicounty region shall to the extent
possible include the partner agencies listed in
Subsections (a)(1)-(6) for each county in the region
and the following partner agencies from within the
multicounty region that have applied for membership
in the system and have been approved by the regional
juvenile board committee:


(1)  governmental service providers; and


(2)  governmental placement facilities.


SECTION 26.  Subchapter A, Chapter 61, Family
Code, is amended by adding Section 61.0031 to read
as follows:


Sec. 61.0031.  TRANSFER OF ORDER AFFECTING
PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD'S
RESIDENCE.  (a)  This section applies only when:


(1)  a juvenile court has placed a parent
or other eligible person under a court order under
this chapter;


(2)  the child who was the subject of
the juvenile court proceedings in which the order was
entered:


(A)  resides in a county other than
the county in which the order was entered;


(B)  has moved to a county other than
the county in which the order was entered and intends
to remain in that county for at least 60 days; or


(C)  intends to move to a county other
than the county in which the order was entered and
to remain in that county for at least 60 days; and


(3)  the parent or other eligible person
resides or will reside in the same county as the county
in which the child now resides or to which the child
has moved or intends to move.


(b)  A juvenile court that enters an
order described by Subsection (a)(1) may transfer the
order to the juvenile court of the county in which
the parent now resides or to which the parent has moved
or intends to move.


(c)  The juvenile court shall provide
the parent or other eligible person written notice
of the transfer.  The notification must identify the
court to which the order has been transferred.


(d)  The juvenile court to which the
order has been transferred shall require the parent
or other eligible person to appear before the court
to notify the person of the existence and terms of
the order.  Failure to do so renders the order unenforceable.


(e)  If the notice required by Subsection
(d) is provided, the juvenile court to which the order
has been transferred may modify, extend, or enforce
the order as though the court originally entered the
order.


SECTION 27.  Section 261.101(b), Family Code,
is amended to read as follows:


(b)  If a professional has cause to believe
that a child has been abused or neglected or may be
abused or neglected, or that a child is a victim of
an offense under Section 21.11, Penal Code, and the
professional has cause to believe that the child has
been abused as defined by Section 261.001 or 261.401,
the professional shall make a report not later than
the 48th hour after the hour the professional first
suspects that the child has been or may be abused or
neglected or is a victim of an offense under Section
21.11, Penal Code.  A professional may not delegate
to or rely on another person to make the report.  In
this subsection, "professional" means an individual
who is licensed or certified by the state or who is
an employee of a facility licensed, certified, or operated
by the state and who, in the normal course of official
duties or duties for which a license or certification
is required, has direct contact with children.  The
term includes teachers, nurses, doctors, day-care employees,
employees of a clinic or health care facility that
provides reproductive services, juvenile probation
officers, and juvenile detention or correctional officers.


SECTION 28.  Section 261.405, Family Code,
is amended by adding Subsection (e) to read as follows:


(e)  As soon as practicable after a
child is taken into custody or placed in a juvenile
justice facility or juvenile justice program, the facility
or program shall provide the child's parents with:


(1)  information regarding the reporting
of suspected abuse, neglect, or exploitation of a child
in a juvenile justice facility or juvenile justice
program to the Texas Juvenile Probation Commission;
and


(2)  the commission's toll-free number
for this reporting.


SECTION 29.  Section 106.041(f), Alcoholic
Beverage Code, is amended to read as follows:


(f)  A minor who commits an offense under
this section and who has been previously convicted
twice or more of offenses under this section is not
eligible for deferred disposition or deferred adjudication.


SECTION 30.  Sections 106.071(f) and (i),
Alcoholic Beverage Code, are amended to read as follows:


(f)  In this section For
the purpose of determining whether a minor has been
previously convicted of an offense to which this section
applies:


(1)  a prior an
adjudication under Title 3, Family Code, that the minor
engaged in conduct described by this section is considered
a conviction under this section;
and


(2)  a prior an
order of deferred disposition for an offense alleged
under this section is considered a conviction of
an offense under this section.


(i)  A defendant who is not a child and
who has been previously convicted at least twice of
an offense to which this section applies is not eligible
to receive a deferred deferral of final
disposition or deferred adjudication of
a subsequent offense.


SECTION 31.  Article 15.27, Code of Criminal
Procedure, is amended by adding Subsection (i) to read
as follows:


(i)  A person may substitute electronic
notification for oral notification where oral notification
is required by this article.  If electronic notification
is substituted for oral notification, any written notification
required by this article is not required.


SECTION 32.  Article 24.011, Code of Criminal
Procedure, is amended by adding Subsections (c), (d),
and (e) to read as follows:


(c)  If the witness is in a placement
in the custody of the Texas Youth Commission, a juvenile
secure detention facility, or a juvenile secure correctional
facility, the court may issue a bench warrant or direct
that an attachment issue to require a peace officer
or probation officer to secure custody of the person
at the placement and produce the person in court. 
When the person is no longer needed as a witness, the
court shall order the peace officer or probation officer
to return the person to the placement from which the
person was released.


(d)  The court may order that the person
who is the witness be detained in a certified juvenile
detention facility if the person is younger than 17
years of age.  If the person is at least 17 years of
age, the court may order that the person be detained
without bond in an appropriate county facility for
the detention of adults accused of criminal offenses.


(e)  In this article, "secure detention
facility" and "secure correctional facility" have the
meanings assigned by Section 51.02, Family Code.


SECTION 33.  Article 45.0215, Code of Criminal
Procedure, is amended by adding Subsection (d) to read
as follows:


(d)  A justice or municipal court shall
endorse on the summons issued to a parent an order
to appear personally at a hearing with the child. 
The summons must include a warning that the failure
of the parent to appear may result in arrest and is
a Class C misdemeanor.


SECTION 34.  Article 45.056, Code of Criminal
Procedure, is amended by amending Subsection (a) and
adding Subsections (c), (d), and (e) to read as follows:


(a)  On approval of the commissioners court,
city council, school district board of trustees, juvenile
board, or other appropriate authority, a county
court, a justice court, municipal
court, school district, juvenile probation department,
or other appropriate governmental entity may:


(1)  employ a case manager to provide services
in cases involving juvenile offenders before a court
consistent with the court's statutory powers; or


(2)  agree in accordance with Chapter 791,
Government Code, to jointly employ a case manager.


(c)  A county or justice court on approval
of the commissioners court or a municipal court on
approval of the city council may employ one or more
full-time juvenile case managers to assist the court
in administering the court's juvenile docket and in
supervising its court orders in juvenile cases.


(d)  Pursuant to Article 102.0174, the
court may pay the salary and benefits of the juvenile
case manager from the juvenile case manager fund.


(e)  A juvenile case manager employed
under Subsection (c) shall work primarily on cases
brought under Sections 25.093 and 25.094, Education
Code.


SECTION 35.  Subchapter A, Chapter 102, Code
of Criminal Procedure, is amended by adding Article
102.0174 to read as follows:


Art. 102.0174.  COURT COSTS; JUVENILE
CASE MANAGER FUND. (a)  In this article, "fund" means
a juvenile case manager fund.


(b)  The governing body of a municipality
by ordinance may create a juvenile case manager fund
and may require a defendant convicted of a fine-only
misdemeanor offense in a municipal court to pay a juvenile
case manager fee not to exceed $5 as a cost of court.


(c)  The commissioners court of a county
by order may create a juvenile case manager fund and
may require a defendant convicted of a fine-only misdemeanor
offense in a justice court, county court, or county
court at law to pay a juvenile case manager fee not
to exceed $5 as a cost of court.


(d)  The ordinance or order must authorize
the judge or justice to waive the fee required by Subsection
(b) or (c) in a case of financial hardship.


(e)  In this article, a defendant is
considered convicted if:


(1)  a sentence is imposed on the defendant;


(2)  the defendant receives deferred
disposition, including deferred proceedings under Article
45.052 or 45.053; or


(3)  the defendant receives deferred
adjudication in county court.


(f)  The clerks of the respective courts
shall collect the costs and pay them to the county
or municipal treasurer, as applicable, or to any other
official who discharges the duties commonly delegated
to the county or municipal treasurer for deposit in
the fund.


(g)  A fund created under this section
may be used only to finance the salary and benefits
of a juvenile case manager employed under Article 45.056.


(h)  A fund must be administered by
or under the direction of the commissioners court or
under the direction of the governing body of the municipality.


SECTION 36.  Section 25.094(f), Education
Code, is amended to read as follows:


(f)  It is an affirmative defense to prosecution
under this section that one or more of the absences
required to be proven under Subsection (a) were
was excused by a school official
or should be excused by the court
or that one or more of the absences were involuntary,
but only if there is an insufficient number of unexcused
or voluntary absences remaining to constitute an offense
under this section.  The burden is on the defendant
to show by a preponderance of the evidence that the
absence has been or should be excused
or that the absence was involuntary.  A decision
by the court to excuse an absence for purposes of this
section does not affect the ability of the school district
to determine whether to excuse the absence for another
purpose.


SECTION 37.  Section 25.0951, Education Code,
is amended by amending Subsection (a) and adding Subsection
(d) to read as follows:


(a)  If a student fails to attend school
without excuse on 10 or more days or parts of days
within a six-month period in the same school year,
a school district shall within seven school days
of the student's last absence:


(1)  file a complaint against the student
or the student's parent or both in a county, justice,
or municipal court for an offense under Section 25.093
or 25.094, as appropriate, or refer the student to
a juvenile court in a county with a population of less
than 100,000 for conduct that violates Section 25.094;
or


(2)  refer the student to a juvenile court
for conduct indicating a need for supervision under
Section 51.03(b)(2), Family Code.


(d)  A court shall dismiss a complaint
or referral made by a school district under this section
that is not made in compliance with this section.


SECTION 38.  Sections 102.061, 102.081, 102.101,
and 102.121, Government Code, are amended to read as
follows:


Sec. 102.061.  ADDITIONAL COURT COSTS ON
CONVICTION IN STATUTORY COUNTY COURT.  The clerk of
a statutory county court shall collect fees and costs
on conviction of a defendant as follows:


(1)  a jury fee (Art. 102.004, Code of
Criminal Procedure) … $20;


(2)  a fee for services of the clerk of
the court (Art. 102.005, Code of Criminal Procedure)
… $40;


(3)  a records management and preservation
services fee (Art. 102.005, Code of Criminal Procedure)
… $20;


(4)  a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) … $3;


(5)  a graffiti eradication fee (Art. 102.0171,
Code of Criminal Procedure) … $5; and


(6)  a court cost on conviction in Comal
County (Sec. 152.0522, Human Resources Code) … $4;
and


(7)  a juvenile case manager fee (Art.
102.0174, Code of Criminal Procedure) … $5.


Sec. 102.081.  ADDITIONAL COURT COSTS ON
CONVICTION IN COUNTY COURT.  The clerk of a county
court shall collect fees and costs on conviction of
a defendant as follows:


(1)  a jury fee (Art. 102.004, Code of
Criminal Procedure) … $20;


(2)  a fee for clerk of the court services
(Art. 102.005, Code of Criminal Procedure) … $40;


(3)  a records management and preservation
services fee (Art. 102.005, Code of Criminal Procedure)
… $20;


(4)  a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) … $3; and


(5)  a graffiti eradication fee (Art. 102.0171,
Code of Criminal Procedure) … $5; and


(6)  a juvenile case manager fee (Art.
102.0174, Code of Criminal Procedure) … $5.


Sec. 102.101.  ADDITIONAL COURT COSTS ON
CONVICTION IN JUSTICE COURT.  A clerk of a justice
court shall collect fees and costs on conviction of
a defendant as follows:


(1)  a jury fee (Art. 102.004, Code of
Criminal Procedure) … $3;


(2)  a fee for withdrawing request for
jury less than 24 hours before time of trial (Art.
102.004, Code of Criminal Procedure) … $3;


(3)  a jury fee for two or more defendants
tried jointly (Art. 102.004, Code of Criminal Procedure)
… one jury fee of $3;


(4)  a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) … $3;


(5)  a fee for technology fund on a misdemeanor
offense (Art. 102.0173, Code of Criminal Procedure)
… not to exceed $4; and


(6)  a court cost on conviction in Comal
County (Sec. 152.0522, Human Resources Code) … $1.50;
and


(7)  a juvenile case manager fee (Art.
102.0174, Code of Criminal Procedure) … $5.


Sec. 102.121.  ADDITIONAL COURT COSTS ON
CONVICTION IN MUNICIPAL COURT.  The clerk of a municipal
court shall collect fees and costs on conviction of
a defendant as follows:


(1)  a jury fee (Art. 102.004, Code of
Criminal Procedure) … $3;


(2)  a fee for withdrawing request for
jury less than 24 hours before time of trial (Art.
102.004, Code of Criminal Procedure) … $3;


(3)  a jury fee for two or more defendants
tried jointly (Art. 102.004, Code of Criminal Procedure)
… one jury fee of $3;


(4)  a security fee on a misdemeanor offense
(Art. 102.017, Code of Criminal Procedure) … $3; and


(5)  a fee for technology fund on a misdemeanor
offense (Art. 102.0172, Code of Criminal Procedure)
… not to exceed $4; and


(6)  a juvenile case manager fee (Art.
102.0174, Code of Criminal Procedure) … $5.


SECTION 39.  Section 61.0432, Human Resources
Code, is amended to read as follows:


Sec. 61.0432.  STUDENT TRUST FUND; CONTRABAND
MONEY.  (a)  Except as provided by Subsection
(b), money Money belonging to
a child committed to the commission in excess of the
amount the commission allows in a child's possession
shall be deposited in a trust fund established by the
facility operated by the commission to which the child
is assigned.  The commission shall adopt rules governing
the administration of the trust fund.


(b)  Money possessed by a child committed
to the commission that is determined to be contraband
money as defined by commission rule shall be deposited
in the student benefit fund described by Section 61.0431.
 The commission shall notify each child committed to
the commission that the possession of contraband money
is subject to confiscation by the commission under
this subsection.


SECTION 40.  Section 61.079(c), Human Resources
Code, is amended to read as follows:


(c)  If a child is released under supervision,
a juvenile court adjudication that the child engaged
in delinquent conduct constituting a felony offense,
a criminal court conviction of the child for a felony
offense, or a determination under Section 61.075(4)
revoking the child's release under supervision is required
before referral of the child to the juvenile court
under Subsection (a).


SECTION 41.  Section 61.081, Human Resources
Code, is amended by adding Subsection (i) to read as
follows:


(i)  Notwithstanding Subsection (f),
if a child is committed to the commission under a determinate
sentence under Section 54.04(d)(3), Section 54.04(m),
or Section 54.05(f), Family Code, the commission may
release the child under supervision without approval
of the juvenile court that entered the order of commitment
if not more than nine months remain before the child's
discharge under Section 61.084(b).


SECTION 42.  Sections 141.042(a) and (e),
Human Resources Code, are amended to read as follows:


(a)  The commission shall adopt reasonable
rules that provide:


(1)  minimum standards for personnel, staffing,
case loads, programs, facilities, record keeping, equipment,
and other aspects of the operation of a juvenile board
that are necessary to provide adequate and effective
probation services;


(2)  a code of ethics for probation and,
detention, and corrections officers
and for the enforcement of that code;


(3)  appropriate educational, preservice
and in-service training, and certification standards
for probation and , detention,
and corrections officers or court-supervised
community-based program personnel;


(4)  minimum standards for public and private
juvenile pre-adjudication secure detention facilities,
public juvenile post-adjudication secure correctional
facilities that are operated under the authority of
a juvenile board, and private juvenile post-adjudication
secure correctional facilities, except those facilities
exempt from certification by Section 42.052(g); and


(5)  minimum standards for juvenile justice
alternative education programs created under Section
37.011, Education Code, in collaboration and conjunction
with the Texas Education Agency, or its designee.


(e)  Juvenile probation departments shall
use the mental health screening instrument selected
by the commission for the initial screening of children
under the jurisdiction of probation departments who
have been formally referred to the department.  The
commission shall give priority to training in the use
of this instrument in any preservice or in-service
training that the commission provides for probation
officers.  A clinical assessment by a licensed mental
health professional may be substituted for the mental
health screening instrument selected by the commission
if the clinical assessment is performed in the time
prescribed by the commission.  Juvenile probation
departments shall report data from the use of the screening
instrument or the clinical assessment to the
commission in a format and in the time prescribed by
the commission.


SECTION 43.  Subchapter D, Chapter 141, Human
Resources Code, is amended by adding Section 141.0611
to read as follows:


Sec. 141.0611.  MINIMUM STANDARDS FOR
DETENTION OFFICERS.  To be eligible for appointment
as a detention officer, a person who was not employed
as a detention officer before September 1, 2005, must:


(1)  be of good moral character;


(2)  be at least 21 years of age;


(3)  have acquired a high school diploma
or its equivalent;


(4)  have satisfactorily completed the
course of preservice training or instruction required
by the commission;


(5)  have passed the tests or examinations
required by the commission; and


(6)  possess the level of certification
required by the commission.


SECTION 44.  Section 141.065, Human Resources
Code, is amended to read as follows:


Sec. 141.065.  PERSONS WHO MAY NOT ACT
AS CHIEF ADMINISTRATIVE, JUVENILE PROBATION,
OR DETENTION, OR CORRECTIONS
OFFICERS.  (a) A peace officer, prosecuting
attorney, or other person who is employed by or who
reports directly to a law enforcement or prosecution
official may not act as a chief administrative,
juvenile probation, or  detention,
or corrections officer or be made responsible
for supervising a juvenile on probation.


(b)  For purposes of this section, a
chief administrative officer, regardless of title,
is the person who is:


(1)  hired or appointed by or under
contract with the juvenile board; and


(2)  responsible for the oversight of
the operations of the juvenile probation department
or any juvenile justice program operated by or under
the authority of the juvenile board.


SECTION 45.  Section 8.07(a), Penal Code,
is amended to read as follows:


(a)  A person may not be prosecuted for
or convicted of any offense that the person committed
when younger than 15 years of age except:


(1)  perjury and aggravated perjury when
it appears by proof that the person had sufficient
discretion to understand the nature and obligation
of an oath;


(2)  a violation of a penal statute cognizable
under Chapter 729, Transportation Code, except for
conduct for which the person convicted may be sentenced
to imprisonment or confinement in jail:


(A)  an offense under Section
521.457, Transportation Code;


(B)  an offense under Section
550.021, Transportation Code;


(C)  an offense punishable as
a Class B misdemeanor under Section 550.022, Transportation
Code;


(D)  an offense punishable as
a Class B misdemeanor under Section 550.024, Transportation
Code;  or


(E)  an offense punishable as
a Class B misdemeanor under Section 550.025, Transportation
Code;


(3)  a violation of a motor vehicle traffic
ordinance of an incorporated city or town in this state;


(4)  a misdemeanor punishable by fine only
other than public intoxication;


(5)  a violation of a penal ordinance of
a political subdivision;


(6)  a violation of a penal statute that
is, or is a lesser included offense of, a capital felony,
an aggravated controlled substance felony, or a felony
of the first degree for which the person is transferred
to the court under Section 54.02, Family Code, for
prosecution if the person committed the offense when
14 years of age or older; or


(7)  a capital felony or an offense under
Section 19.02 for which the person is transferred to
the court under Section 54.02(j)(2)(A), Family Code.


SECTION 46.  Section 22.04, Penal Code, is
amended by amending Subsection (k) and adding Subsection
(l) to read as follows:


(k) (1)  It is a defense
to prosecution under this section that the act or omission
consisted of:


(1) (A)  reasonable
medical care occurring under the direction of or by
a licensed physician; or


(2) (B)  emergency
medical care administered in good faith and with reasonable
care by a person not licensed in the healing arts.


(l) (2)  It is
an affirmative defense to prosecution under this section:


(1)  that the act or omission was
based on treatment in accordance with the tenets and
practices of a recognized religious method of healing
with a generally accepted record of efficacy;


(2)  .  It is an affirmative
defense to prosecution for a person charged
with an act of omission under this section
causing to a child, elderly individual, or disabled
individual a condition described by Subsection (a)(1),
(2), or (3) that:


(A)  there is no evidence that, on the
date prior to the offense charged, the defendant was
aware of an incident of injury to the child, elderly
individual, or disabled individual and failed to report
the incident; and


(B)  the person:


(i)  was a victim of family violence, as
that term is defined by Section 71.004, Family Code,
committed by a person who is also charged with an offense
against the child, elderly individual, or disabled
individual under this section or any other section
of this title;


(ii)  did not cause a condition described
by Subsection (a)(1), (2), or (3); and


(iii)  did not reasonably believe at the
time of the omission that an effort to prevent the
person also charged with an offense against the child,
elderly individual, or disabled individual from committing
the offense would have an effect; or


(3)  that:


(A)  the actor was not more than three
years older than the victim at the time of the offense;
and


(B)  the victim was a child at the time
of the offense.


SECTION 47.  The heading to Section 38.11,
Penal Code, is amended to read as follows:


Sec. 38.11.  PROHIBITED SUBSTANCES AND
ITEMS IN ADULT OR JUVENILE CORRECTIONAL OR
DETENTION FACILITY OR ON PROPERTY OF TEXAS DEPARTMENT
OF CRIMINAL JUSTICE OR TEXAS YOUTH COMMISSION.


SECTION 48.  Sections 38.11(a), (b), (c),
(d), (e), (f), (i), and (j), Penal Code, are amended
to read as follows:


(a)  A person commits an offense if the
person provides:


(1)  an alcoholic beverage, controlled
substance, or dangerous drug to an inmate of a correctional
facility or to a person in the custody of a secure
correctional facility or secure detention facility
for juveniles, except on the prescription of a
physician or practitioner, as defined in Section 551.003,
Occupations Code;


(2)  a deadly weapon to an inmate of a
correctional facility or to a person in the custody
of a secure correctional facility or secure detention
facility for juveniles;  or


(3)  a cellular telephone, cigarette, tobacco
product, or money to an inmate of a correctional facility
operated by or under contract with the Texas Department
of Criminal Justice or to a person in the custody
of a secure correctional facility or secure detention
facility for juveniles, except for money that is provided
for the benefit of the juvenile in accordance with
facility rules.


(b)  A person commits an offense if the
person takes an alcoholic beverage, controlled substance,
or dangerous drug into a correctional facility or
a secure correctional facility or secure detention
facility for juveniles, except for delivery to
a correctional facility warehouse,
pharmacy, or physician.


(c)  A person commits an offense if the
person takes a controlled substance or dangerous drug
on property owned, used, or controlled by the Texas
Department of Criminal Justice, the Texas Youth
Commission, or a secure correctional facility or secure
detention facility for juveniles, except for delivery
to a warehouse, pharmacy, or physician on property
owned, used, or controlled by the department, the
commission, or the facility.


(d)  A person commits an offense if the
person:


(1)  possesses a controlled substance or
dangerous drug while:


(A)  on property owned, used, or controlled
by the Texas Department of Criminal Justice, the
Texas Youth Commission, or a secure correctional facility
or secure detention facility for juveniles;  or


(B)  in a correctional facility or a
secure correctional facility or secure detention facility
for juveniles;  or


(2)  possesses a deadly weapon while in
a correctional facility or in a secure correctional
facility or secure detention facility for juveniles.


(e)  It is an affirmative defense to prosecution
under Subsection (d)(1) of this section that the person
possessed the controlled substance or dangerous drug
pursuant to a prescription issued by a practitioner
or while delivering the substance or drug to a warehouse,
pharmacy, or physician on property owned, used, or
controlled by the department, the Texas Youth Commission,
or by the operator of a secure correctional facility
or secure detention facility for juveniles.  It
is an affirmative defense to prosecution under Subsection
(d)(2) of this section that the person possessing the
deadly weapon is a peace officer or is an officer or
employee of the correctional facility authorized to
possess the deadly weapon while on duty or traveling
to or from the person's place of assignment.


(f)  In this section:


(1)  "Practitioner" has the meaning assigned
by Section 481.002, Health and Safety Code.


(2)  "Prescription" has the meaning assigned
by Section 481.002, Health and Safety Code.


(3)  "Cigarette" has the meaning assigned
by Section 154.001, Tax Code.


(4)  "Tobacco product" has the meaning
assigned by Section 155.001, Tax Code.


(5)  "Secure correctional facility"
and "secure detention facility" have the meanings assigned
by Section 51.02, Family Code.


(i)  It is an affirmative defense to prosecution
under Subsection (b) that the actor:


(1)  is a duly authorized member of the
clergy with rights and privileges granted by an ordaining
authority that includes administration of a religious
ritual or ceremony requiring the presence or consumption
of an alcoholic beverage;  and


(2)  takes four ounces or less of an alcoholic
beverage into the correctional facility or the secure
correctional facility or secure detention facility
for juveniles and personally consumes all of the
alcoholic beverage or departs from the facility with
any portion of the beverage not consumed.


(j)  A person commits an offense if the
person while an inmate of a correctional facility operated
by or under contract with the Texas Department of Criminal
Justice or while in the custody of a secure correctional
facility or secure detention facility for juveniles
possesses a cellular telephone.


SECTION 49.  Subchapter O, Chapter 521, Transportation
Code, is amended by adding Section 521.3452 to read
as follows:


Sec. 521.3452.  PROCEDURE IN CASES INVOLVING
MINORS.  (a)  A court shall report to the department
a person charged with a traffic offense under this
chapter who does not appear before the court as required
by law.


(b)  In addition to any other action
or remedy provided by law, the department may deny
renewal of the person's driver's license under Section
521.317 or Chapter 706.


(c)  The court shall also report to
the department on final disposition of the case.


SECTION 50.  Section 521.201, Transportation
Code, is amended to read as follows:


Sec. 521.201.  LICENSE INELIGIBILITY IN
GENERAL.  The department may not issue any license
to a person who:


(1)  is under 15 years of age;


(2)  is under 18 years of age unless the
person complies with the requirements imposed by Section
521.204;


(3)  is shown to be addicted to the use
of alcohol, a controlled substance, or another drug
that renders a person incapable of driving;


(4)  holds a driver's license issued by
this state or another state or country that is revoked,
canceled, or under suspension;


(5)  has been determined by a judgment
of a court to be totally incapacitated or incapacitated
to act as the operator of a motor vehicle unless the
person has, by the date of the license application,
been:


(A)  restored to capacity by judicial decree;
or


(B)  released from a hospital for the mentally
incapacitated on a certificate by the superintendent
or administrator of the hospital that the person has
regained capacity;


(6)  the department determines to be afflicted
with a mental or physical disability or disease that
prevents the person from exercising reasonable and
ordinary control over a motor vehicle while operating
the vehicle on a highway, except that a person may
not be refused a license because of a physical defect
if common experience shows that the defect does not
incapacitate a person from safely operating a motor
vehicle;


(7)  has been reported by a court under
Section 521.3452 729.003
for failure to appear unless the court has filed an
additional report on final disposition of the case;
or


(8)  has been reported by a court for failure
to appear or default in payment of a fine for a misdemeanor
that is not covered under Subdivision (7) and that
is punishable by a fine only, including a misdemeanor
under a municipal ordinance, committed by a person
who was under 17 years of age at the time of the alleged
offense, unless the court has filed an additional report
on final disposition of the case.


SECTION 51.  Section 521.294, Transportation
Code, is amended to read as follows:


Sec. 521.294.  DEPARTMENT'S DETERMINATION
FOR LICENSE REVOCATION.  The department shall revoke
the person's license if the department determines that
the person:


(1)  is incapable of safely operating a
motor vehicle;


(2)  has not complied with the terms of
a citation issued by a jurisdiction that is a party
to the Nonresident Violator Compact of 1977 for a traffic
violation to which that compact applies;


(3)  has failed to provide medical records
or has failed to undergo medical or other examinations
as required by a panel of the medical advisory board;


(4)  has failed to pass an examination
required by the director under this chapter;


(5)  has been reported by a court under
Section 521.3452 729.003
for failure to appear unless the court files an additional
report on final disposition of the case;


(6)  has been reported within the preceding
two years by a justice or municipal court for failure
to appear or for a default in payment of a fine for
a misdemeanor punishable only by fine, other than a
failure reported under Section 521.3452 729.003,
committed by a person who is at least 14 years of age
but younger than 17 years of age when the offense was
committed, unless the court files an additional report
on final disposition of the case; or


(7)  has committed an offense in another
state or Canadian province that, if committed in this
state, would be grounds for revocation.


SECTION 52.  The following sections are repealed:


(1)  Section 106.11, Alcoholic Beverage
Code; and


(2)  Section 729.003, Transportation Code.


SECTION 53.  The legislature finds in relationship
to Section 51.07, Family Code, as amended by this Act,
and Sections 51.071, 51.072, 51.073, 51.074, and 51.075,
Family Code, as added by this Act, that:


(1)  children and families in Texas are
becoming increasingly mobile and children on probation
frequently move to other counties in the state;


(2)  when children on probation move from
one county to another, it is in the interests of the
child, the child's family, and society that probation
supervision continue with as little interruption as
possible;


(3)  if a child on probation in a county
to which probation has been transferred violates a
condition of probation, the transfer should not impede
appropriate legal consequences for the violation;


(4)  numerous issues are raised by transfer
of probation between counties that are not currently
addressed by law but that should be resolved;


(5)  the county to which supervision has
been transferred should provide similar supervision
and services to transferred children as is provided
to children adjudicated in that county; and


(6)  the current informal system of courtesy
supervision provides neither the assistance to the
child nor the protection of the public that should
be provided.


SECTION 54.  (a)  Except as otherwise provided
by this section, this Act applies only to conduct that
occurs on or after the effective date of this Act.
 Conduct violating the penal law of this state occurs
on or after the effective date of this Act if any element
of the violation occurs on or after that date.


(b)  Conduct that occurs before the effective
date of this Act is governed by the law in effect at
the time the conduct occurred, and that law is continued
in effect for that purpose.


(c)  The following sections of this Act
apply to a judicial proceeding that occurs or an official
action or decision that is made on or after the effective
date of this Act without regard to whether any prior
event connected to the proceeding, action, or decision
occurred before the effective date of this Act:


(1)  Sections 51.21, 52.0151, 54.0408,
and 58.211, Family Code, as added by this Act;


(2)  Sections 51.20, 53.03, 54.01, 54.012,
54.05, 58.003, 58.104, 58.203,  and 58.207, Family
Code, as amended by this Act;


(3)  Articles 15.27, 24.011, and 45.0215,
Code of Criminal Procedure, as amended by this Act;
and


(4)  Section 61.0432, Human Resources Code,
as amended by this Act.


SECTION 55.  This Act takes effect September
1, 2005.




______________________________	______________________________


   President of the Senate	Speaker of the
House      


I certify that H.B. No. 1575 was passed
by the House on May 9, 2005, by a non-record vote;
and that the House concurred in Senate amendments to
H.B. No. 1575 on May 27, 2005, by the following vote:
 Yeas 139, Nays 2, 2 present, not voting.



______________________________




Chief Clerk of the
House   



I certify that H.B. No. 1575 was passed
by the Senate, with amendments, on May 25, 2005, by
the following vote:  Yeas 31, Nays 0.



______________________________




Secretary of the Senate
  



APPROVED: __________________


                 Date       


          __________________


               Governor