HBA-JRA H.B. 2947 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2947
By: Goodman
Juvenile Justice and Family Issues
7/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, a child could have been committed to
the Texas Youth Commission if the child was adjudicated to have engaged in
delinquent conduct.  Delinquent conduct is defined in Section 51.03, Family
Code, as violation of a penal law of this state or of the United States
that is punishable by imprisonment or confinement in jail, violation of
certain orders of a juvenile court, contempt of a municipal or justice
court, or driving under the influence of alcohol. H.B. 2947 limits the
offenses that make a child eligible for commitment to the Texas Youth
Commission.  Specifically, it requires that a child must violate a penal
law of this state or the United States of the grade of felony or violate a
penal law of this state or the United States of the grade of misdemeanor on
three separate occasions for the child to be committed to the Texas Youth
Commission. 

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 54.04, Family Code, by amending Subsection (d)
and adding Subsection (q), as follows: 

(d)  Specifies that a child's delinquent conduct must violate a penal law
of this state or the United States of the grade of felony or, if the
requirements of Subsection (g) are met, the grade of misdemeanor, in
addition to the petition not being approved by the grand jury under Section
53.045 (Violent or Habitual Offenders) in order for a court to be
authorized to commit a child to the Texas Youth Commission without a
determinate sentence. 

(g)  Authorizes the court to make the above disposition for delinquent
conduct that violates a penal law of the grade of misdemeanor if the child
has been adjudicated as having engaged in delinquent conduct violating a
penal law of the grade of felony or misdemeanor on at least two previous
occasions, at least one delinquent behavior resulting in adjudication
occurred after the date of the previous adjudication, and the current
delinquent behavior occurred after the date of at least two previous
adjudications. 

SECTION 2.  Amends Section 54.05, Family Code, by amending Subsections (f)
and (g) and adding Subsection (j), as follows: 

(f)  Makes a conforming change.

(g)  Provides that a new finding in compliance with Section 54.03
(Adjudication Hearing) of this code must be made that the child engaged in
delinquent conduct that meets the requirements for commitment under Section
54.04, rather than as defined in Section 51.03(a) of this code. 

(j)  Authorizes the court to modify a disposition under Subsection (f) that
is based on a finding that the child engaged in delinquent conduct that
violates a penal law of the grade of  misdemeanor if the child has been
adjudicated as having engaged in delinquent conduct violating a penal law
of the grade of felony or misdemeanor on at least three previous occasions,
and the current delinquent behavior occurred for one adjudication, after
the date of another previous adjudication. 

SECTION 3.  Effective date: September 1, 1999.
Makes application of this Act prospective.

SECTION 4.  Emergency clause.