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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