HBA-SEB H.B. 688 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 688
By: Gallego
Juvenile Justice and Family Issues
7/7/1999
Enrolled

BACKGROUND AND PURPOSE 

After conducting several open meetings and hearing testimony from a number
of interested parties, the Texas Judicial Council's Committee on Juvenile
Justice Reform/Impact on Courts made recommendations in 1998 for the
improvement of juvenile justice in this state, focusing on justice and
municipal courts.  H.B. 688 responds to those recommendations by clarifying
the jurisdiction of the justice and municipal courts, allowing a justice or
municipal court to find a juvenile in contempt of court, and authorizing a
justice or municipal court to order a child to take the General Educational
Development exam.  It also broadens the scope of orders a court may give a
parent of a juvenile defendant and allows a court flexibility in ordering
rehabilitative community service for an alcohol-related offense if the
county does not offer programs involving alcohol awareness.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 52.027, Family Code, by amending Subsections
(a), (f), (h), and (i) and adding Subsection (j), as follows:   

(a)  Authorizes a child taken into custody for an offense in which a
justice or municipal court has jurisdiction under Article 4.11
(Jurisdiction of Justice Courts) or 4.14, Code of Criminal Procedure
(Jurisdiction of Municipal Court), other than a public intoxication case,
to be released to the child's parent, guardian, custodian, or other
responsible adult upon that person's promise to bring the child before the
juvenile court at the request of the court. Deletes existing language
authorizing the release of a child for a traffic offense or for an offense
punishable by fine only.  Redesignates Subdivision (3) to (2). 

(f)  Makes conforming changes.

(h)  Authorizes a municipal or justice court to hold a child in contempt of
a court order and to impose a fine of no more than $500 if the child
intentionally or knowingly fails to obey a lawful order of disposition
after an adjudication of guilt of an offense under the municipal or justice
court's jurisdiction, except as provided by Subsection (j).  Makes
conforming and nonsubstantive changes.  

(i)  Expands the definition of  "child" in this section to make a
conforming change.   Redesignates Paragraphs (B) and (C) to (A) and (B). 

(j)  Prohibits a municipal or justice court from ordering a child to a term
of confinement or imprisonment for contempt of a municipal or justice court
order under Subsection (h).   

SECTION 2.  Amends Section 54.021(d), Family Code, to grant a justice or
municipal court the option to enter an order requiring a person who has
engaged in truant conduct under Section 51.03(b)(2), Family Code
(Delinquent Conduct; Conduct Indicating a Need for Supervision), or conduct
that violates Section 25.094, Education Code (Failure to Attend School), to
take the high school equivalency examination provided under Section 7.111,
Education Code (High School Equivalency Examinations) if the person is at
least 16 years of age.  Makes conforming and nonsubstantive changes. 
 
SECTION 3.  Amends Section 54.022, Family Code, as follows:

Sec. 54.022.  JUSTICE OR MUNICIPAL COURT:  CERTAIN MISDEMEANORS. Provides
that when a justice or municipal court finds that a child committed an
offense under the court's jurisdiction other than a traffic offense or
public intoxication, the court has jurisdiction to enter an order requiring
the child to attend a special program that is approved by the county
commissioners court if the program involves the expenditure of county
funds. Authorizes the court, if it finds the child's parent, managing
conservator, or guardian by act or omission contributed to the child's
conduct, to require the child's parent, managing conservator, or guardian
to do or refrain from doing any act that the court determines will increase
the likelihood that the child will comply with the orders of the court and
that is reasonable and necessary for the child's welfare, including
attending a parenting program or attending the child's school classes or
functions.  Redesignates existing Subsections (c)-(h) to (b)-(g).  Makes
conforming and nonsubstantive changes. 

SECTION 4.  Amends Section 106.071(e), Alcoholic Beverage Code, to provide
that community service ordered under this section (Punishment for
Alcohol-Related Offense by Minor) must relate to education about prevention
of misuse of alcohol if the programs or services are available in the
court's community.  Authorizes the court to order appropriate
rehabilitative community service if those programs or services are not
available.    

SECTION 5.  Amends Section 106.115(d), Alcoholic Beverage Code, to
authorize a court to order a defendant who is a minor or the parent,
managing conservator, or guardian to do or refrain from doing any act if
the court determines that doing or refraining from doing the act will
increase the likelihood that the defendant will present evidence to the
court that the defendant has satisfactorily completed an alcohol awareness
program or performed the required hours of community service within the
prescribed period.  Makes conforming changes. 

SECTION 6.  Amends Articles 45.55(a) and (f), Code of Criminal Procedure,
to authorize a justice or municipal court to defer proceedings against a
defendant under age 18 or enrolled full time in an accredited secondary
school in a program leading toward a high school diploma for 90 days if the
defendant is charged with an offense within the jurisdiction of the justice
or municipal court, rather than a misdemeanor punishable by fine only or a
violation of a penal ordinance of a political subdivision. Authorizes a
court to transfer a case in which proceedings have been deferred under this
section (Dismissal of misdemeanor charge on completion of teen court
program) to a court in another county, rather than a contiguous county, if
the court to which the case is transferred consents.  Makes a conforming
change.   

SECTION 7.  Amends Article 45.522(b), Code of Criminal Procedure, to
provide that if a person who is a child under Section 51.02, Family Code
(Definitions), fails to obey a justice or municipal court order under
circumstances that would constitute contempt of court, the justice or
municipal court has jurisdiction to hold the child in contempt of the court
order as provided by Section 52.027(h), Family Code (regarding the holding
of a child in contempt for refusing to obey a lawful order of disposition
relating to a traffic or fine-only offense), or to refer the child to the
appropriate juvenile court for delinquent conduct for contempt of the court
order. 

SECTION 8.  Amends Section 7.111(a), Education Code, to authorize a person
who does not have a high school diploma to take a high school equivalency
examination in accordance with the rules of the State Board of Education if
the person is required to take the examination under a justice or municipal
court order issued under Section 54.021(d)(1)(B), Family Code.  Makes
conforming changes. 

SECTION 9.  Makes application of this Act prospective. 

SECTION 10.  Effective date:  September 1, 1999.

SECTION 11.  Emergency clause.