1-1 AN ACT
1-2 relating to the jurisdiction and authority of a justice or
1-3 municipal court concerning a child and the parent, managing
1-4 conservator, or guardian of the child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 52.027, Family Code, is amended by
1-7 amending Subsections (a), (f), (h), and (i) and adding Subsection
1-8 (j) to read as follows:
1-9 (a) A child may be released to the child's parent, guardian,
1-10 custodian, or other responsible adult as provided in Section
1-11 52.02(a)(1) if the child is taken into custody:
1-12 (1) [for a traffic offense;]
1-13 [(2)] for an offense that a justice or municipal court
1-14 has jurisdiction of under Article 4.11 or 4.14, Code of Criminal
1-15 Procedure, other than public intoxication [punishable by fine
1-16 only]; or
1-17 (2) [(3)] as a status offender or nonoffender.
1-18 (f) A child taken into custody for an offense that a justice
1-19 or municipal court has jurisdiction of under Article 4.11 or 4.14,
1-20 Code of Criminal Procedure, [a traffic offense or an offense,]
1-21 other than public intoxication, [punishable by fine only] may be
1-22 presented or detained in a detention facility designated by the
1-23 juvenile court under Section 52.02(a)(3) only if:
1-24 (1) the child's non-traffic case is transferred to the
2-1 juvenile court by a municipal court or justice court under Section
2-2 51.08(b); or
2-3 (2) the child is referred to the juvenile court by a
2-4 municipal court or justice court for contempt of court under
2-5 Subsection (h).
2-6 (h) If a child [A municipal court or justice court may not
2-7 hold a child in contempt for] intentionally or knowingly fails
2-8 [refusing] to obey a lawful order of disposition after an
2-9 adjudication of guilt of an offense that a justice or municipal
2-10 court has jurisdiction of under Article 4.11 or 4.14, Code of
2-11 Criminal Procedure, the [a traffic offense or other offense
2-12 punishable by fine only. The] municipal court or justice court
2-13 may:
2-14 (1) except as provided by Subsection (j), hold the
2-15 child in contempt of the municipal court or justice court order and
2-16 order the child to pay a fine not to exceed $500; or
2-17 (2) [shall instead] refer the child to the appropriate
2-18 juvenile court for delinquent conduct for contempt of the municipal
2-19 court or justice court order.
2-20 (i) In this section, "child" means a person who:
2-21 (1) is at least 10 years of age and younger than 17
2-22 years of age and who is charged with or convicted of an offense
2-23 that a justice or municipal court has jurisdiction of under Article
2-24 4.11 or 4.14, Code of Criminal Procedure, other than public
2-25 intoxication [a traffic offense]; or
2-26 (2) is at least 10 years of age and younger than 18
2-27 years of age and who:
3-1 (A) [is charged with or convicted of an offense,
3-2 other than public intoxication, punishable by fine only as a result
3-3 of an act committed before becoming 17 years of age;]
3-4 [(B)] is a status offender and was taken into
3-5 custody as a status offender for conduct engaged in before becoming
3-6 17 years of age; or
3-7 (B) [(C)] is a nonoffender and became a
3-8 nonoffender before becoming 17 years of age.
3-9 (j) A municipal or justice court may not order a child to a
3-10 term of confinement or imprisonment for contempt of a municipal or
3-11 justice court order under Subsection (h).
3-12 SECTION 2. Section 54.021(d), Family Code, is amended to
3-13 read as follows:
3-14 (d) On a finding by the justice or municipal court that the
3-15 person has engaged in truant conduct described in Section
3-16 51.03(b)(2) or conduct that violates Section 25.094, Education
3-17 Code, the court has jurisdiction to enter an order that includes
3-18 one or more of the following provisions requiring that:
3-19 (1) the person do either or both of the following:
3-20 (A) attend a preparatory class for the high
3-21 school equivalency examination provided under Section 7.111,
3-22 Education Code, if the court determines that the person is too old
3-23 to do well in a formal classroom environment; or
3-24 (B) if the person is at least 16 years of age,
3-25 take the high school equivalency examination provided under Section
3-26 7.111, Education Code;
3-27 (2) the person attend a special program that the court
4-1 determines to be in the best interests of the person, including:
4-2 (A) an alcohol and drug abuse program;
4-3 (B) rehabilitation;
4-4 (C) counseling, including self-improvement
4-5 counseling;
4-6 (D) training in self-esteem and leadership;
4-7 (E) work and job skills training;
4-8 (F) training in parenting, including parental
4-9 responsibility;
4-10 (G) training in manners;
4-11 (H) training in violence avoidance;
4-12 (I) sensitivity training; and
4-13 (J) training in advocacy and mentoring;
4-14 (3) the person and the person's parents, managing
4-15 conservator, or guardian attend a class for students at risk of
4-16 dropping out of school designed for both the person and the
4-17 person's parents, managing conservator, or guardian;
4-18 (4) the person complete reasonable community service
4-19 requirements;
4-20 (5) the person's driver's license be suspended in the
4-21 manner provided by Section 54.042 [of this code];
4-22 (6) the person attend school without unexcused
4-23 absences; or
4-24 (7) the person participate in a tutorial program
4-25 provided by the school attended by the person in the academic
4-26 subjects in which the person is enrolled for a total number of
4-27 hours ordered by the court.
5-1 SECTION 3. Section 54.022, Family Code, is amended to read
5-2 as follows:
5-3 Sec. 54.022. JUSTICE OR MUNICIPAL COURT: CERTAIN
5-4 MISDEMEANORS. (a) On a finding by a justice or municipal court
5-5 that a child committed an [a misdemeanor] offense that the court
5-6 has jurisdiction of under Article 4.11 or 4.14, Code of Criminal
5-7 Procedure, [punishable by fine only] other than a traffic offense
5-8 or public intoxication [or committed a violation of a penal
5-9 ordinance of a political subdivision other than a traffic offense],
5-10 the court has jurisdiction to enter an order:
5-11 (1) referring the child or the child's parents,
5-12 managing conservators, or guardians for services under Section
5-13 264.302; [or]
5-14 (2) requiring that the child attend a special program
5-15 that the court determines to be in the best interest of the child
5-16 and, if the program involves the expenditure of county funds, that
5-17 is approved by the county commissioners court, including a
5-18 rehabilitation, counseling, self-esteem and leadership, work and
5-19 job skills training, job interviewing and work preparation,
5-20 self-improvement, parenting, manners, violence avoidance, tutoring,
5-21 sensitivity training, parental responsibility, community service,
5-22 restitution, advocacy, or mentoring program[.]
5-23 [(b) On a finding by a justice or municipal court that a
5-24 child committed an offense described by Subsection (a) and that the
5-25 child has previously been convicted of an offense described by
5-26 Subsection (a), the court has the jurisdiction to enter an order
5-27 that includes one or more of the following provisions, in addition
6-1 to the provisions under Subsection (a), requiring that:]
6-2 [(1) the child attend a special program that the court
6-3 determines to be in the best interest of the child and that is
6-4 approved by the county commissioners court]; or
6-5 (3) [(2) the child's parents, managing conservator, or
6-6 guardian attend a parenting class or parental responsibility
6-7 program] if the court finds the parent, managing conservator, or
6-8 guardian, by [wilful] act or omission, contributed to, caused, or
6-9 encouraged the child's conduct, requiring that the child's parent,
6-10 managing conservator, or guardian do any act or refrain from doing
6-11 any act that the court determines will increase the likelihood that
6-12 the child will comply with the orders of the court and that is
6-13 reasonable and necessary for the welfare of the child, including:
6-14 (A) attend a parenting class or parental
6-15 responsibility program; and
6-16 (B) [; or]
6-17 [(3) the child and the child's parents, managing
6-18 conservator, or guardian] attend the child's school classes or
6-19 functions [if the court finds the parent, managing conservator, or
6-20 guardian, by wilful act or omission, contributed to, caused, or
6-21 encouraged the child's conduct].
6-22 (b) [(c)] The justice or municipal court may order the
6-23 parents, managing conservator, or guardian of a child required to
6-24 attend a program under Subsection (a) [or (b)] to pay an amount not
6-25 greater than $100 to pay for the costs of the program.
6-26 (c) [(d)] A justice or municipal court may require a child,
6-27 parent, managing conservator, or guardian required to attend a
7-1 program, class, or function under this section to submit proof of
7-2 attendance to the court.
7-3 (d) [(e)] A justice or municipal court shall endorse on the
7-4 summons issued to a parent, managing conservator, or a guardian an
7-5 order to appear personally at the hearing with the child. The
7-6 summons must include a warning that the failure of the parent,
7-7 managing conservator, or guardian to appear may be punishable as a
7-8 Class C misdemeanor.
7-9 (e) [(f)] An order under this section involving a child is
7-10 enforceable under Section 51.03(a)(3) by referral to the juvenile
7-11 court.
7-12 (f) [(g)] A person commits an offense if the person is a
7-13 parent, managing conservator, or guardian who fails to attend a
7-14 hearing under this section after receiving an order under
7-15 Subsection (d) [(e)]. An offense under this subsection is a Class
7-16 C misdemeanor.
7-17 (g) [(h)] Any other order under this section is enforceable
7-18 by the justice or municipal court by contempt.
7-19 SECTION 4. Section 106.071(e), Alcoholic Beverage Code, is
7-20 amended to read as follows:
7-21 (e) Community service ordered under this section must be
7-22 related to education about or prevention of misuse of alcohol if
7-23 programs or services providing that education are available in the
7-24 community in which the court is located. If programs or services
7-25 providing that education are not available, the court may order
7-26 community service that it considers appropriate for rehabilitative
7-27 purposes.
8-1 SECTION 5. Section 106.115(d), Alcoholic Beverage Code, is
8-2 amended to read as follows:
8-3 (d) If the defendant does not present the required evidence
8-4 within the prescribed period, the court:
8-5 (1) shall order the Department of Public Safety to
8-6 suspend the defendant's driver's license or permit for a period not
8-7 to exceed six months or, if the defendant does not have a license
8-8 or permit, to deny the issuance of a license or permit to the
8-9 defendant for that period; and
8-10 (2) may order the defendant or the parent, managing
8-11 conservator, or guardian of the defendant to do any act or refrain
8-12 from doing any act if the court determines that doing the act or
8-13 refraining from doing the act will increase the likelihood that the
8-14 defendant will present evidence to the court that the defendant has
8-15 satisfactorily completed an alcohol awareness program or performed
8-16 the required hours of community service.
8-17 SECTION 6. Articles 45.55(a) and (f), Code of Criminal
8-18 Procedure, are amended to read as follows:
8-19 (a) A justice or municipal court may defer proceedings
8-20 against a defendant who is under the age of 18 or enrolled full
8-21 time in an accredited secondary school in a program leading toward
8-22 a high school diploma for 90 days if the defendant:
8-23 (1) is charged with an offense that the court has
8-24 jurisdiction of under Article 4.11 or 4.14, Code of Criminal
8-25 Procedure [a misdemeanor punishable by fine only or a violation of
8-26 a penal ordinance of a political subdivision, including a traffic
8-27 offense punishable by fine only];
9-1 (2) pleads nolo contendere or guilty to the offense in
9-2 open court with the defendant's parent, guardian, or managing
9-3 conservator present;
9-4 (3) presents to the court an oral or written request
9-5 to attend a teen court program; and
9-6 (4) has not successfully completed a teen court
9-7 program in the two years preceding the date that the alleged
9-8 offense occurred.
9-9 (f) A court may transfer a case in which proceedings have
9-10 been deferred under this section to a court in another [a
9-11 contiguous] county if the court to which the case is transferred
9-12 consents. A case may not be transferred unless it is within the
9-13 jurisdiction of the court to which it is transferred.
9-14 SECTION 7. Article 45.522(b), Code of Criminal Procedure, is
9-15 amended to read as follows:
9-16 (b) If a person who is a child under Section 51.02, Family
9-17 Code, [Section 51.03(a)(3), Family Code, and the procedures for the
9-18 adjudication of a child for delinquent conduct apply to a child
9-19 who] fails to obey an order of a justice or municipal court under
9-20 circumstances that would constitute contempt of court, the justice
9-21 or municipal court has jurisdiction to:
9-22 (1) hold the child in contempt of the justice or
9-23 municipal court order as provided by Section 52.027(h), Family
9-24 Code; or
9-25 (2) refer the child to the appropriate juvenile court
9-26 for delinquent conduct for contempt of the justice or municipal
9-27 court order.
10-1 SECTION 8. Section 7.111(a), Education Code, is amended to
10-2 read as follows:
10-3 (a) The board shall provide for the administration of high
10-4 school equivalency examinations. A person who does not have a high
10-5 school diploma may take the examination in accordance with rules
10-6 adopted by the board if the person is:
10-7 (1) over 17 years of age;
10-8 (2) [or: (1) is] 16 years of age or older[;] and
10-9 [(2)] a public agency providing supervision of the person or having
10-10 custody of the person under a court order recommends that the
10-11 person take the examination; or
10-12 (3) required to take the examination under a justice
10-13 or municipal court order issued under Section 54.021(d)(1)(B),
10-14 Family Code.
10-15 SECTION 9. (a) The change in law made by this Act applies
10-16 only to conduct that occurs on or after the effective date of this
10-17 Act. Conduct violating a penal law of the state occurs on or after
10-18 the effective date of this Act if every element of the violation
10-19 occurs on or after that date.
10-20 (b) Conduct that occurs before the effective date of this
10-21 Act is covered by the law in effect at the time the conduct
10-22 occurred, and the former law is continued in effect for that
10-23 purpose.
10-24 SECTION 10. This Act takes effect September 1, 1999.
10-25 SECTION 11. The importance of this legislation and the
10-26 crowded condition of the calendars in both houses create an
10-27 emergency and an imperative public necessity that the
11-1 constitutional rule requiring bills to be read on three several
11-2 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 688 was passed by the House on March
24, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 688 was passed by the Senate on April
29, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor
1998-1999
Texas Judicial Council Annual Report