HBA-SEB H.B. 3517 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3517
By: Goodman
Juvenile Justice and Family Issues
7/20/1999
Enrolled



BACKGROUND AND PURPOSE 

Juvenile justice practitioners and officials who contributed to the
development of the juvenile justice reforms of the previous two legislative
sessions met over several months prior to this session to identify problem
areas for possible legislation.  The main area of concern lies with the
procedures relating to children who are mentally ill or mentally retarded.
H.B. 3517 includes a number of substantive amendments to statutes governing
mentally ill and mentally retarded children in the juvenile justice system
including detention practices, the authority of juvenile court referees,
release of juvenile information, and the reporting of alleged abuse or
neglect in juvenile justice programs. This bill also makes technical
modifications. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Youth Commission in SECTION
25 (Section 261.105, Family Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.095, Family Code, by adding Subsection (d),
to authorize a juvenile law referee or master to perform the duties imposed
on a magistrate under this section (Admissibility of Statement of a Child)
without the approval of the juvenile court if the juvenile board of the
county in which a statement of a child is made has authorized a referee or
master to perform the duties.   

SECTION 2.  Amends Section 51.12(h), Family Code, to provide that this
section (Place and Conditions of Detention) does not apply to a person
under 17, rather than 18, years of age who has been taken into custody
after having escaped from a juvenile facility operated or under contract
with the Texas Youth Commission (TYC) or who has violated a condition of
release under supervision of TYC.  Makes a conforming change.  

SECTION 3.  Amends Section 51.17(c), Family Code, to provide that except as
otherwise provided by this title (Juvenile Justice Code), the Texas Rules
of Evidence, rather than the Texas Rules of Criminal Evidence, applicable
to criminal cases in Chapter 38, Code of Criminal Procedure (Evidence in
Criminal Actions), apply in a judicial proceeding under this title.   

SECTION 4.  Amends Chapter 51, Family Code, by adding Section 51.20, as
follows: 

Sec. 51.20.  PHYSICAL OR MENTAL EXAMINATION.  Authorizes a juvenile court
at any point in a proceeding under this title to order a child who is
referred to the juvenile court to be examined by an appropriate expert if
the child is alleged by a petition or is found to have engaged in
delinquent conduct or conduct indicating a need for supervision.  Requires
the probation department to refer the child to the local mental health and
mental retardation authority for evaluation and services if there is reason
to believe that the child has a mental illness or mental retardation,
unless the prosecuting attorney has filed a petition under Section 53.04
(Court Petition; Answer).   

SECTION 5.  Amends Section 52.02(c), Family Code, to make a nonsubstantive
change. 

 SECTION 6.  Amends Chapter 53, Family Code, by adding Section 53.035, as
follows: 

Sec. 53.035.  GRAND JURY REFERRAL.  Authorizes a prosecuting attorney,
before filing a petition under Section 53.04, to refer an offense to a
grand jury in the county in which the offense is alleged to have been
committed.  Authorizes the grand jury referral if the preliminary
investigation required results in a determination that further proceedings
are authorized and warranted.  Provides that the grand jury has the same
jurisdiction and powers to investigate an offense under this section as it
has to investigate other criminal activity. Prohibits the prosecuting
attorney from filing a petition  if the grand jury votes to take no action,
unless the same or a successor grand jury approves the filing of a
petition.  Authorizes the prosecuting attorney to file the petition on the
approval of the prosecution of an offense referred to the grand jury.
Specifies that the grand jury approval of the prosecution does not
constitute approval of a petition by a grand jury. 

SECTION 7.  Amends Section 54.01, Family Code, by adding Subsection (p), to
require a court to order a child to be released from detention if the child
has not been released under Section 53.02 (Release from Detention) or this
section (Detention Hearing) and a petition has not been filed.  Sets forth
the date by which the court must order the child released. 

SECTION 8.  Amends Section 54.02, Family Code, by amending Subsections (h)
and (j) and adding Subsections (o)-(r), as follows: 

(h)  Requires a juvenile court to cause the results of a diagnostic study
of the circumstances of a person, including psychological information, to
be transferred to the appropriate criminal prosecutor if the juvenile court
waives jurisdiction.  

(j)  Authorizes a juvenile court to waive its exclusive original
jurisdiction and transfer a person to the appropriate district or criminal
district court for criminal proceedings if the person was between the ages
of 10 and 17 at the time the person is alleged to have committed a capital
felony or an offense under Section 19.02, Penal Code (Murder).
Redesignates Paragraph B to C.  Makes conforming and nonsubstantive
changes.   

(o)  Requires a juvenile court to hold a detention hearing in the same
manner as provided by Section 54.01 on the filing of a discretionary
transfer petition or a motion concerning a respondent who has been taken
into custody for possible discretionary transfer proceedings under
Subsection (j), with an exception.  Requires the court to order the release
of the respondent unless it finds that the respondent is likely to abscond
or be removed from the court's jurisdiction, that the respondent may be
dangerous to himself or herself or may be a danger to public safety, or
that the respondent has previously been found to be a delinquent child and
is likely to commit an offense if released. 

(p)  Requires a juvenile court to order a respondent to be detained in an
appropriate facility if the juvenile court does not order the respondent
released under Subsection (o). 

(q)  Provides that the detention of a respondent in a certified juvenile
detention facility must comply with the detention requirements under this
title, with an exception.  Requires the person to be kept separately from
children detained in the same facility to the extent practicable.   

(r)  Requires the county sheriff to take custody of a respondent for
detention in a county facility under the order of the juvenile court.
Requires the juvenile court to set or deny bond for the respondent as
required by the Code of Criminal Procedure and other law applicable to the
pretrial detention of adults accused of criminal offenses. 

SECTION 9.  Amends Sections 54.03(d) and (f), Family Code, to authorize a
child to be adjudicated as having engaged in conduct constituting a lesser
included offense as provided by Articles 37.08 and 37.09, Code of Criminal
Procedure (regarding a lesser included offense).  Makes conforming and
nonsubstantive changes. 

 SECTION 10.  Amends Section 54.04, Family Code, by amending Subsection (l)
and adding Subsection (q), as follows: 

(l)  Provides that Subsection (q) is an exception to this subsection, which
prohibits a child's probation from extending beyond the child's 18th
birthday. 

(q)  Authorizes a court or jury to place a child on probation as an
alternative to making a disposition if the court or jury sentences the
child to commitment in TYC for a term of not more than 10 years.  Requires
the court to prescribe the period of probation for a term of not more than
10 years.  Authorizes the court,  before the sentence of probation expires,
to extend the probationary period, except that the sentence of probation
and any extension may not exceed 10 years.  Authorizes the court, before
the child's 18th birthday, to discharge the child from the sentence of
probation.  Requires the court to discharge the child from the sentence of
probation on the child's 18th birthday, unless the court transfers the
child to an appropriate district court, if a sentence of probation ordered
under this subsection and any extension of probation will continue after
the child's 18th birthday. 

SECTION 11.  Amends Section 54.05, Family Code, by amending Subsections
(f)-(h) and adding Subsection (j), as follows: 

(f)  Provides that Subsection (j) is an exception to this subsection, which
authorizes a disposition to be modified so as to commit a child to TYC if
the disposition is based on a finding that the child engaged in delinquent
conduct.  Makes nonsubstantive changes. 

(g)  Provides that Subsection (j) is an exception to this subsection, which
prohibits a disposition from being modified so as to commit a child to TYC
if the disposition is based solely on a finding that the child engaged in
conduct indicating a need for supervision. Makes nonsubstantive changes. 

(h)  Deletes text which entitles a child to a jury on the issues of
violation of court orders and sentence if the child is in jeopardy of a
determinate sentence.  Makes a nonsubstantive change. 

(j)  Authorizes the court to modify the disposition to commit a child to
TYC for a term that does not exceed the original sentence if, after
conducting a hearing to modify disposition without a jury, the court finds
by a preponderance of the evidence that the child violated a reasonable and
lawful condition of probation.  

SECTION 12.  Amends Chapter 54, Family Code, by adding Section 54.051 to
read as follows: 

Sec. 54.051.  TRANSFER OF DETERMINATE SENTENCE PROBATION TO APPROPRIATE
DISTRICT COURT.  Requires the juvenile court to hold a hearing to determine
whether to transfer a child to an appropriate district court or to
discharge the child from the sentence of probation on motion of the state
if the child is placed on probation for a period that will continue after
the child's 18th birthday.  Provides that the hearing must be conducted
before the child's 18th birthday and in the same manner as a hearing to
modify disposition.  Requires the court to specify a date on or before the
child's 18th birthday to discharge the child from the sentence of probation
if the court determines to discharge the child.  Requires the court to
transfer the child to an appropriate district court on the child's 18th
birthday if the court determines to transfer the child.  Requires a
district court that exercises jurisdiction over a transferred child to
place the child on community supervision for the remainder of the child's
probationary period and under conditions consistent with those ordered by
the juvenile court.  Sets forth requirements for a child who violates a
condition of that supervision or probation.  Authorizes the juvenile court
to transfer a child to an appropriate district court without a showing that
the child violated a condition of probation.  

SECTION 13.   Amends Section 54.10(a), Family Code, to authorize a hearing
under Section 54.03 (Adjudication Hearing), 54.04 (Disposition Hearing), or
54.05 (Hearing to Modify Disposition),  including a jury trial, a hearing
under chapter 55 (Proceedings Concerning Children with Mental Illness or
Mental Retardation), or a hearing under Chapter 60 (Uniform Interstate
Compact on Juveniles) to be held by an appointed referee or master provided
that the parties have been informed by the referee or master that they are
entitled to have the hearing before the juvenile court judge and provided
that no party objects to the holding of the hearing before the referee or
master.  Makes conforming and nonsubstantive changes. 

SECTION 14.  Amends Chapter 55, Family Code, as follows:

CHAPTER 55.  PROCEEDINGS CONCERNING CHILDREN WITH 
MENTAL ILLNESS OR MENTAL RETARDATION

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 55.01.  New title:  MEANING OF "HAVING A MENTAL ILLNESS."  Provides
that, for the purposes of this chapter, a child who is described as having
a mental illness means a child who suffers from mental illness as defined
by Section 571.003, Health and Safety Code (Definitions).  Deletes existing
text regarding a physical or mental examination. 

Sec. 55.02.  MENTAL HEALTH AND MENTAL RETARDATION JURISDICTION. Provides
that a juvenile court has jurisdiction of proceedings under Subtitle C
(Texas Mental Health Code) or Subtitle D (Persons with Mental Retardation
Act), Title 7, Health and Safety Code, for the purposes of initiating
proceedings to order mental health or mental retardation services for a
child for commitment of a child. 

Sec. 55.03.  STANDARDS OF CARE.  Requires a child to be cared for as
provided by Subtitle C, Title 7, Health and Safety Code (Texas Mental
Health Code) if the child is ordered to have inpatient mental health
services, except as provided by this chapter. Requires a child to be cared
for as provided by Subtitle D, Title 7, Health and Safety Code, if the
child is committed by a court to a residential care facility for mental
retardation, except as provided by this chapter. 

SUBCHAPTER B.  CHILD WITH MENTAL ILLNESS  

Sec. 55.11.  MENTAL ILLNESS DETERMINATION; EXAMINATION.  (a)  Requires a
juvenile court, on a motion by a party, to determine whether probable cause
exists to believe that a child has a mental illness if the child is alleged
by petition or found to have engaged in delinquent conduct or conduct
indicating a need for supervision.  Authorizes the court to consider the
motion, supporting documents, professional statements of counsel, witness
testimony, and to make its own observation of the child in making its
determination.  

(b)  Requires a court to temporarily stay the juvenile court proceedings
and immediately order a child to be examined if the court determines that
probable cause exists to believe that the child has a mental illness.
Provides that the information obtained from the examination must include
expert opinion as to whether the child has a mental illness and whether the
child meets specific criteria.  Establishes that the information must also
include expert opinion as to whether the child is unfit to proceed with the
juvenile court proceedings if ordered by the court. 

(c)  Requires a court, after obtaining all relevant information, to proceed
under Section 55.12 if the court determines that evidence exists to support
a finding that the child has a mental illness and meets the commitment
criteria.  Requires the court to dissolve the stay and continue the
juvenile court proceedings if the court does not find such evidence. 

Sec. 55.12.  New title:  INITIATION OF COMMITMENT PROCEEDINGS.  Requires
the court to initiate proceedings as provided by Section 55.13 for the
purpose of ordering mental health services or to refer the child's case to
the appropriate court for the initiation of proceedings in that court for
the commitment of the child if the juvenile court determines that evidence
exists to support a finding that a child has a mental illness and meets the
commitment criteria.  Makes conforming changes. 

Sec. 55.13.  COMMITMENT OF PROCEEDINGS IN JUVENILE COURT.  Authorizes a
prosecuting attorney or a child's attorney to file an application for
court-ordered mental health services if the juvenile court initiates
proceedings for mental health services.  Requires the juvenile court to set
a date for a hearing, provide notice, and conduct the hearing. Establishes
that the party who files the application bears the burden of proof.
Requires the juvenile court to appoint the number of physicians necessary
to examine the child and to complete the certificates of medical
examination for mental illness.  Requires the juvenile court, after
conducting a hearing on application, to order temporary or extended mental
health services for the child, depending on which criteria are satisfied. 

Sec. 55.14.  REFERRAL FOR COMMITMENT PROCEEDINGS. Requires a court to order
the probation department to send copies of any information in the
possession of the department and relevant to the issue of a child's mental
illness to the clerk of the court to which the case is referred and to the
appropriate county attorney or, if a county attorney is unavailable, to the
appropriate district attorney, if the juvenile court issues places the
child in the facility or center.  Requires the public or private facility
or outpatient center to submit a report within a specific time frame to the
court that describes the treatment the child receives and states the
opinion of the director of the facility or center as to whether the child
is fit or unfit to proceed.  Requires the court to provide a copy of the
report to the prosecuting attorney and the child's attorney 

Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER FOR MENTAL HEALTH
SERVICES.  Requires the administrator of a mental health facility to notify
the juvenile court, in writing by certified mail return receipt requested,
that referred the case to a court that ordered the mental health services
of the intent to discharge the child at least 10 days prior to discharge.
Makes conforming and nonsubstantive changes. 

Sec. 55.16.  ORDER FOR MENTAL HEALTH SERVICES; STAY OF PROCEEDINGS.
Requires a court to which a child's case is referred to immediately notify
the referring juvenile court in writing of the court's order for mental
health services.  Requires the proceedings pending in juvenile court to be
stayed if the juvenile court orders temporary or extended mental health
services for the child or if the juvenile court receives notice of the
order for mental health services.  Redesignates Subsection (d) to (b).   

Sec. 55.17.  MENTAL HEALTH SERVICES NOT ORDERED; DISSOLUTION OF STAY.
Requires a court to which a juvenile case is referred to immediately notify
in writing the referring juvenile court of the court's decision not to
order inpatient mental health services. Requires the juvenile court to
dissolve the stay and continue the proceedings if the juvenile court
receives such notice or does not itself order mental health services for
the child. 

Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE REACHING 18 YEARS
OF AGE.  Creates section from existing text.  Makes a conforming change. 

Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY.  Requires a
juvenile court to transfer all pending proceedings to a criminal court on
the 18th birthday of a child for whom mental health services have been
ordered if no adjudication hearing has been conducted concerning the
child's alleged delinquent conduct that included a violation of penal law
listed in Section 53.045 (Violent or Habitual Offenders) and if the child
is not discharged from the residential care facility before reaching that
age. Redesignates Subsections (f) and (g) to (a) and (b).  Makes conforming
changes. 

SUBCHAPTER C.  CHILD UNFIT TO PROCEED AS A RESULT OF 
MENTAL ILLNESS OR MENTAL RETARDATION 

Sec. 55.31.  New title:  UNFITNESS TO PROCEED DETERMINATION; EXAMINATION.
Makes conforming changes. 

 Sec. 55.32.  HEARING ON ISSUE OF FITNESS TO PROCEED.  Requires a court to
determine the issue of whether a child is unfit to proceed due to a finding
of mental illness or mental retardation unless the child or the child's
attorney demands a jury before the 10th day before the date of the hearing.
Requires the court to stay juvenile proceedings for as long as incapacity
endures and to proceed under Section 55.33 if the court or jury determined
that the child is unfit to proceed.  Makes conforming changes. 

Sec. 55.33.  PROCEEDINGS FOLLOWING FINDING OF UNFITNESS TO PROCEED.
Requires the court to order the child placed with the Texas Department of
Mental Health and Mental Retardation (MHMR) for a period of not more than
90 days, which order may not specify a shorter period, or with a private
psychiatric inpatient facility for the same period on application by the
child's parent, guardian, or guardian ad litem if the juvenile court or
jury determines under Section 55.32 that the child is unfit to proceed with
the juvenile court proceedings for delinquent conduct because of mental
illness or mental retardation. Establishes that the state or a political
subdivision of the state is not required to pay the costs for the child's
placement in a private psychiatric facility.  Requires the court to order
the child to receive treatment for mental illness on an outpatient basis
for a period of not more than 90 days, which order may not specify a
shorter period, if the court determines that the child may be treated in an
alternative setting.  

Sec. 55.34.  TRANSPORTATION TO AND FROM FACILITY.  Requires the court to
order the probation department or sheriff's department to transport a child
to a designated psychiatric facility if a court so places the child.
Requires the court to order the probation department or sheriff's
department to transport the child from the facility to the court on receipt
of a report from the facility.  Requires an authorized representative of
the facility to transport the child to from the facility to the court if
the child is not transported before the 11th day after the court's order.
Requires the county in which the juvenile court is located to reimburse the
facility for the costs incurred in transporting the child. 

Sec. 55.35.  INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT TO COURT.
Requires a court to order the probation department to send copies of any
information in the possession of the department and relevant to the issue
of a child's mental health to the public or private facility or outpatient
center, as appropriate, if the juvenile court issues places the child in
the facility or center.  Requires the public or private facility or
outpatient center to submit a report within a specific time frame to the
court that describes the treatment the child receives and states the
opinion of the director of the facility or center as to whether the child
is fit or unfit to proceed.  Requires the court to provide a copy of the
report to the prosecuting attorney and the child's attorney. 

Sec. 55.36.  REPORT THAT CHILD IS FIT TO PROCEED; HEARING ON OBJECTION.
Requires a juvenile court to find that the child is fit to proceed if the
report states that the child is fit to proceed, unless the child's attorney
objects within a specific time frame. Requires the juvenile court, on an
objection by the child's attorney, to promptly hold a hearing within a
specific time frame to determine whether the child is fit to proceed.
Requires the court to determine the issue of the child's fitness to proceed
unless the child or the child's attorney demands a jury in writing within a
specific time frame.  Requires the court to dissolve the stay and continue
the juvenile court proceedings as though question had never been raised if
the court or jury finds that the child is fit to proceed.  Requires the
court to proceed under Section 55.37 if the child is found unfit to
proceed. 

Sec. 55.37.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL
ILLNESS; INITIATION OF COMMITMENT PROCEEDINGS.    Requires the director of
the public or private facility or outpatient center, as appropriate, to
submit to the court two certificates of medical examination for mental
illness if the report issued by the facility or center states that a child
is unfit to proceed and that the child meets the commitment criteria for
civil commitment.  Requires the court, on receipt of the certificates, to
initiate proceedings under Section 55.38 in the juvenile court for
commitment of the child or to refer the child's case as provided by Section
55.39 to the appropriate court for commitment of the child. 
 
Sec. 55.38.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.
Authorizes a prosecuting attorney to file with a juvenile court an
application for court-ordered mental health services if the juvenile court
initiates commitment proceedings. Requires the juvenile court to set a date
for hearing and provide notice as provided by Sections 574.005 (Setting on
Application) and 574.006 (Notice), Health and Safety Code. Requires the
juvenile court to conduct the hearing in accordance with Subchapter C,
Chapter 574, Health and Safety Code (Proceedings for Court-Ordered Mental
Health Services). Requires the juvenile court, after conducting the
hearing, to order temporary or extended mental health services according to
specific criteria.   

Sec. 55.39.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL ILLNESS.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if a county attorney is unavailable, to the
appropriate district attorney all papers relating the child's unfitness to
proceed.  Requires the juvenile court to order the child released from
detention, order the child detained in an appropriate place other than a
juvenile detention facility, or, if another place is not available,  order
the child to remain in the juvenile detention facility subject to further
court orders.  Provides that the papers sent relating to the child's
unfitness to proceed constitute an application for mental health services. 

Sec. 55.40.  REPORT THAT CHILD IS UNFIT TO PROCEED AS A RESULT OF MENTAL
RETARDATION.  Requires the director of the residential care facility to
submit to a court an affidavit stating the conclusions reached as a result
of the diagnosis of a child who, according to the report filed by the
director, is unfit to proceed as a result of mental retardation and meets
the commitment criteria for civil commitment.  Requires the court, on
receipt of the affidavit, to initiate proceedings under Section 55.41 in
the juvenile court for commitment of the child or to refer the child's case
to the appropriate court as provided by Section 55.42 for the initiation of
proceedings in that court for the commitment of the child. 

Sec. 55.41.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION.  Authorizes a prosecuting attorney to file an application for
placement under Section 593.041 (Application for Placement; Jurisdiction),
Health and Safety Code, if a juvenile court initiates commitment
proceedings.  Requires the juvenile court to set a hearing date, provide
notice, and conduct the hearing in accordance with Sections 593.049593.056,
Health and Safety Code.  Authorizes the juvenile court to order commitment
of the child to a residential care facility if specific criteria are
satisfied.   

Sec. 55.42.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL RETARDATION.
Requires a juvenile court to send all papers relating to the child's mental
health to the clerk of the court to which the case is referred for the
initiation of commitment proceedings and also to the office of the
appropriate county attorney, or if unavailable, to the appropriate district
attorney.  Requires the court to order the child released from detention,
order the child detained in an appropriate place other than a juvenile
detention facility, or, if another place is not available,  order the child
to remain in the juvenile detention facility subject to further court
orders.  Provides that the papers sent relating to the child's unfitness to
proceed constitute an application for mental health services. 

Sec. 55.43.  RESTORATION HEARING.  Authorizes a prosecuting attorney to
file with a juvenile court a motion for a restoration hearing concerning a
child if the child is found unfit to proceed as a result of mental illness
or mental retardation and the child is not ordered to receive inpatient or
outpatient mental health services or is discharged from a mental health
facility or outpatient center before the child reaches 18 years of age.
Requires the court to determine the issue of whether the child is fit to
proceed at the restoration hearing, which is conducted without a jury.
Provides that the issue of fitness to proceed must be proved by a
preponderance of evidence.  Requires the court to continue the juvenile
court proceedings if the court finds that the child is fit to proceed or to
dismiss the motion for restoration if the court finds that the child is
unfit to proceed.    

 Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 18TH BIRTHDAY OF CHILD.  (a)
Requires a juvenile court to transfer all pending proceedings from the
juvenile court to a criminal court on the 18th birthday of a child for whom
the juvenile court or a court to which the child's case is referred has
ordered inpatient mental health services or residential care. Requires the
transfer if the child is not discharged from the facility before reaching
age 18 and if the child is alleged to have engaged in delinquent conduct
that included a violation of penal law under Section 53.045 and no
adjudication concerning the alleged conduct has been made.   

(b)  Requires a juvenile to send notification to the facility of the
transfer of a child. Requires the criminal court to institute proceedings
under Article 46.02, Code of Criminal Procedure (Incompetency to Stand
Trial), within a specific time frame.  Prohibits the defendant, if found
competent to stand trial, from receiving a punishment for the delinquent
conduct for a period longer than the maximum sentence the defendant could
have received if adjudicated for the conduct while still a child in the
juvenile court.  

SUBCHAPTER D.  LACK OF RESPONSIBILITY FOR CONDUCT AS A RESULT OF MENTAL
ILLNESS OR MENTAL RETARDATION  

Sec. 55.51.  New title:  LACK OF RESPONSIBILITY FOR CONDUCT DETERMINATION;
EXAMINATION.  Makes conforming and nonsubstantive changes.   

Sec. 55.52.  PROCEEDINGS FOLLOWING FINDING OF LACK OF RESPONSIBILITY FOR
CONDUCT.  Requires a court, if the court finds that a child is not
responsible for the child's delinquent conduct, to order the child placed
with MHMR or in a private psychiatric inpatient facility, on special
application, for a period of not more than 90 days, which order may not
specify a shorter period, if the lack of responsibility is a result of
mental illness or mental retardation.  Requires the court to order the
child to receive treatment on an outpatient basis for the same period if
the child's lack of responsibility is a result of mental illness and the
court determines that the child may be adequately treated in an alternative
setting. Specifies that the state or a political subdivision of the state
is not required to pay any costs associated with the child's placement in a
private facility.  

Sec. 55.53.  TRANSPORTATION TO AND FROM FACILITY.  Requires the court to
order the probation department or sheriff's department to transport a child
to a designated psychiatric facility if a court so places the child.
Requires the court to order the probation department or sheriff's
department to transport the child from the facility to the court on receipt
of a report from the facility.  Requires an authorized representative of
the facility to transport the child to from the facility to the court if
the child is not transported before the 11th day after the court's order.
Requires the county in which the juvenile court is located to reimburse the
facility for the costs incurred in transporting the child. 

Sec. 55.54.  INFORMATION REQUIRED TO BE SENT TO FACILITY; REPORT TO COURT.
Requires the court to order the probation department to send copies of any
information in the possession of the department and relevant to the issue
of a child's mental health to the public or private facility or outpatient
center, as appropriate, if the juvenile court places the child in the
facility or center.  Requires the public or private facility or outpatient
center to submit a report within a specific time frame to the court that
describes the treatment the child receives and states the opinion of the
director of the facility or center as to whether the child is fit or unfit
to proceed.  Requires the court to provide a copy of the report to the
prosecuting attorney and the child's attorney. 

Sec. 55.55.  REPORTING THAT CHILD IS NOT MENTALLY ILL OR MENTALLY RETARDED;
HEARING ON OBJECTION.  Requires a juvenile court to discharge a child if a
report submitted under Section 55.54 states that a child does not have a
mental illness or mental retardation.  Establishes that the child is
required to be discharged unless an adjudication hearing was conducted
concerning conduct that included a violation of penal law under Section
53.045, a petition was approved by a grand jury, and the prosecuting
attorney objects in writing within a specific time frame.  Requires the
juvenile court, on  objection by the prosecuting attorney, to hold a
hearing without a jury to determine whether the child has a mental illness
or mental retardation and whether the child meets the commitment criteria
for civil commitment.  Establishes the burden of proof with the state to
prove that the child has a mental illness or mental retardation and that
the child meets the commitment criteria for civil commitment.  Requires the
court to discharge the child if the court finds that the child does not
meet the criteria or to issue an appropriate commitment order, depending on
the finding of the court. 

Sec. 55.56.  REPORT THAT CHILD HAS MENTAL ILLNESS; INITIATION OF COMMITMENT
PROCEEDINGS.  Requires the director of the public or private facility or
outpatient center, as appropriate, to submit to the court two certificates
of medical examination for mental illness if the report issued by the
facility or center states that a child has a mental illness or mental
retardation and meets the commitment criteria for civil commitment.
Requires the court, on receipt of the certificates, to initiate proceedings
under Section 55.57 in the juvenile court for commitment of the child or to
refer the child's case as provided by Section 55.58 to the appropriate
court for commitment of the child. 

Sec. 55.57.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL ILLNESS.
Authorizes a prosecuting attorney to file with a juvenile court an
application for court-ordered mental health services if the juvenile court
initiates commitment proceedings. Requires the juvenile court to set a date
for hearing and provide notice as provided by Sections 574.005 and 574.006,
Health and Safety Code.  Requires the juvenile court to conduct the hearing
in accordance with Subchapter C, Chapter 574, Health and Safety Code.
Requires the juvenile court, after conducting the hearing, to order
temporary or extended mental health services according to specific
criteria. 

Sec. 55.58.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL ILLNESS.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if unavailable to the appropriate district
attorney all papers relating the child's mental illness.  Requires the
juvenile court to order the child released from detention, order the child
detained in an appropriate place other than a juvenile detention facility,
or, if another place is not available,  order the child to remain in the
juvenile detention facility subject to further court orders.  Provides that
the papers sent relating to the child's unfitness to proceed constitute an
application for mental health services. 

Sec. 55.59.  REPORT THAT CHILD HAS MENTAL RETARDATION; INITIATION OF
COMMITMENT PROCEEDINGS.  Requires the director of the residential care
facility or outpatient center to submit to a court an affidavit stating the
conclusions reached as a result of the diagnosis of a child who, according
to the report filed by the director, has a mental retardation and meets the
commitment criteria for civil commitment.  Requires the court, on receipt
of the affidavit, to initiate proceedings under Section 55.60 in the
juvenile court for commitment of the child or to refer the child's case to
the appropriate court as provided by Section 55.61 for the initiation of
proceedings in that court for the commitment of the child. 

Sec. 55.60.  COMMITMENT PROCEEDINGS IN JUVENILE COURT FOR MENTAL
RETARDATION.  Authorizes a prosecuting attorney to file an application for
placement under Section 593.041, Health and Safety Code, if a juvenile
court initiates commitment proceedings.  Requires the juvenile court to set
a hearing date, provide notice, and conduct the hearing in accordance with
Sections 593.049-593.056, Health and Safety Code. Authorizes the juvenile
court to order commitment of the child to a residential care facility if
specific criteria are satisfied. 

Sec. 55.61.  REFERRAL FOR COMMITMENT PROCEEDINGS FOR MENTAL RETARDATION.
Requires a juvenile court to send to the clerk of the court to which a case
is referred for the initiation of commitment proceedings and to the
appropriate county attorney or, if unavailable, to the appropriate district
attorney all papers relating the child's mental retardation.  Requires the
juvenile court to order the child released from detention, order the child
detained in an appropriate place other than a juvenile detention facility,
or,  if another place is not available,  order the child to remain in the
juvenile detention facility subject to further court orders.  Provides that
the papers sent relating to the child's unfitness to proceed constitute an
application for mental health services.   

SECTION 15.  Amends Section 56.01(c), Family Code, to make conforming and
nonsubstantive changes.   

SECTION 16.  Amends Section 58.001(c), Family Code, to require, rather than
authorize, a law enforcement agency to forward information, including
fingerprints, relating to a child who has been taken into custody under
Section 52.01 (Taking Into Custody; Issuance of Warning Notice). Authorizes
the law enforcement agency to forward the information only if the child is
referred to the juvenile court within 10 days after being taken into
custody under that section.  Makes conforming and nonsubstantive changes. 

SECTION 17.  Amends Section 58.002(a), Family Code, to prohibit a child
from being photographed or fingerprinted without the consent of the
juvenile court unless the child is taken into custody or referred to the
juvenile court for conduct punishable by confinement, except as provided by
Chapter 79, Human Resources Code (Missing Children and Missing Persons). 

SECTION 18.  Amends Section 58.007, Family Code, by adding Subsection (h),
to authorize a juvenile court to disseminate specific identifying
information about a child who is the subject of a directive to apprehend or
a warrant of arrest and who cannot be located. 

SECTION 19.  Amends Section 58.106(c), Family Code, to authorize the
dissemination to the public of identifying information relating to a
juvenile, rather than a juvenile offender, who has escaped from a secure
detention or correctional facility.  Makes conforming changes. 

SECTION 20.  Amends Section 59.003(a), Family Code, to make conforming
changes. 

SECTION 21.  Amends Section 59.005(a), Family Code, to delete an
authorization that a juvenile court, prosecuting attorney, or probation
department may place a child at sanction level two on courtordered
probation. 

SECTION 22.  Amends Section 59.014, Family Code, to prohibit a child from
bringing an appeal or a postconviction writ of habeas corpus based on the
failure or inability of any person to provide a specific service, failure
of a court or any person to make a sanction level assignment, or failure of
a juvenile court or probation department to report a deviation from the
guidelines as required by Section 59.003(e) (regarding deviation from
sanction level assignment guidelines).   

SECTION 23.  Amends Section 232.002, Family Code, to provide that the Texas
Juvenile Probation Commission is a licensing authority subject to this
chapter (Suspension of License for Failure to Pay Child Support or Comply
with Subpoena).  Makes conforming changes. 

SECTION 24.  Amends Section 261.103, Family Code, to authorize a report to
be made to TYC instead of another agency if the report is based on
information provided by a child while under the supervision of TYC
concerning the child's alleged abuse of another child.  The other agencies
referred to are any local or state law enforcement agency, the Department
of Protective and Regulatory Services (DPRS), another state agency
connected to the facility in which alleged abuse or neglect occurred, or
the agency designated by the court to be responsible for the protection of
children.   

SECTION 25.  Amends Section 261.105, Family Code, by adding Subsection (e),
to require TYC, by rule and in conjunction with DPRS, to adopt guidelines
for identifying a report made to TYC under Section 261.103(b) that is
appropriate to refer to DPRS or a law enforcement agency for investigation.
Provides that the guidelines must require TYC to consider the severity and
immediacy of the alleged abuse or neglect of the child victim.   

SECTION 26.  Amends and reenacts Section 261.405, Family Code, as amended
by Chapters 162 and 1374, Acts of the 75th Legislature, Regular Session,
1997, as follows: 
 
Sec. 261.405.  New title:  INVESTIGATIONS IN JUVENILE JUSTICE PROGRAMS AND
FACILITIES.  Requires the Texas Juvenile Probation Commission to conduct an
investigation if it receives a report of alleged abuse or neglect in any
program operated wholly or partly by a local juvenile probation department
or a private vendor operating under the authority of a county juvenile
board.  Requires an investigating agency to have access to certain medical
or mental health records as provided by Subchapter D.  

SECTION 27.  Amends the heading of Article 4.18, Code of Criminal
Procedure, as follows: 

Art. 4.18.  New title:  CLAIM OF UNDERAGE.  

SECTION 28.  Amends Article 4.18, Code or Criminal Procedure, by adding
Subsection (g), to provide that this article (Claim of Underage) does not
apply to a claim of a defect or error in a discretionary transfer
proceeding in juvenile court.  Authorizes a defendant to appeal a defect or
error only as provided by Article 44.47 (Appeal of Transfer from Juvenile
Court).   

SECTION 29.  Amends Section 8(c), Article 42.09, Code of Criminal
Procedure, to make a conforming change. 

SECTION 30.  Amends Subchapter A, Chapter 25, Education Code, by adding
Section 25.0011, as follows: 

Sec. 25.0011.  CERTAIN INCARCERATED CHILDREN.  Provides that, for purposes
of Section 25.001, a person is not considered to reside in a school
district if the person is incarcerated in a private juvenile detention
facility in the district as a result of the order of a court in another
state and the person resided in another state or country immediately before
incarceration in the facility.  Authorizes a school district to provide
educational services to a person described by Subsection (a) if the
district is fully compensated for the cost of the services through payment
of tuition for the person by the operator of the juvenile detention
facility or other person having lawful control of the person in an amount
equal to the actual cost of educating the person.  Establishes that for
purposes of this section, "private juvenile detention facility" means a
juvenile detention facility that is not operated by a governmental entity.  

SECTION 31.  Amends Section 576.025, Health and Safety Code, to prohibit a
person from administering a psychoactive medication to a patient receiving
voluntary or involuntary mental health services who refuses the
administration unless, among other reasons, the patient is receiving
court-ordered mental health services authorized by an order issued under
Chapter 55, Family Code. 

SECTION 32.  Amends Section 61.077, Human Resources Code, by adding
Subsections (c)-(f), to set forth the effective date of a child's discharge
from TYC if the child is discharged as a result of mental illness or mental
retardation, depending upon whether the child is receiving court-ordered
mental health services.   

SECTION 33.  Amends Sections 61.0772(b) and (c), Human Resources Code, to
make conforming and nonsubstantive changes. 

SECTION 34.  Amends Section 61.093(b), Human Resources Code, to authorize a
child who is 17 years or age or older to be detained in an adult jail
facility until the child is returned to the custody of TYC or transported
to a commission facility. 

SECTION 35.  Amends Sections 141.086(g), (h), (i), (j), and (k), Human
Resources Code, as follows: 

(g)  Deletes existing text regarding operating costs of the Texas Juvenile
Probation Commission.  Makes conforming changes. 

(h)  Makes a nonsubstantive change.

 
(i)  Deletes existing text which provides that a facility must be operated
entirely by the county using the facility.  Requires the Texas Juvenile
Probation Commission to conduct an annual audit of the operating costs for
each fiscal year for which funds are appropriated unless the county has
conducted an audit.  Makes conforming and nonsubstantive changes. 

(j)  Redesignated from Subsection (k).

SECTION 36.  Amends Section 729.001(c), Transportation Code, to provide
that an offense 
 under this section (Operation of Motor Vehicle by Minor in Violation of
Traffic Laws; Offense) is punishable by the fine or other sanction, other
than confinement or imprisonment, authorized by statute for violation of
the traffic law that is the basis of prosecution, rather than a Class C
misdemeanor.  

SECTION 37.  Amends Section 729.002(b), Transportation Code, to make
conforming changes with respect to this section (Operation of Motor Vehicle
by Minor Without License). 

SECTION 38.  Repealers:  Sections 141.0475 (Memorandum of Understanding on
Service Delivery for Runaways) and 141.0476 (Memorandum of Understanding on
Certain Abused or Neglected Children), Human Resources Code. 

SECTION 39.  Makes application of this Act prospective except that the
change in law made by Sections 16, 18, and 19 of this Act applies to the
dissemination or inspection of information on or after the effective date
of this Act without regard to whether the information was compiled before,
on, or after that date.  

SECTION 40.  Provides that the change in law made by Section 25.0011,
Education Code, as added by this Act, applies beginning with the 1999-2000
school year. 

SECTION 41.  Effective date: September 1, 1999.

SECTION 42.  Emergency clause.