Texas 2017 - 85th Regular

Texas House Bill HB1015 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R2994 ADM-D
2	2	By: Dutton H.B. No. 1015
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the age of a child at which a juvenile court may
8	8	exercise jurisdiction over the child, to the age of criminal
9	9	responsibility, and to certain substantive and procedural matters
10	10	related to those ages.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY
13	13	SECTION 1.01. Section 37.141(1), Education Code, is amended
14	14	to read as follows:
15	15	(1) "Child" means a person who is:
16	16	(A) a student; and
17	17	(B) at least 12 [10] years of age and younger than
18	18	18 years of age.
19	19	SECTION 1.02. Section 51.02(2), Family Code, is amended to
20	20	read as follows:
21	21	(2) "Child" means a person who is:
22	22	(A) 10 [ten] years of age or older and under 18
23	23	[17] years of age; or
24	24	(B) 18 [seventeen] years of age or older and
25	25	under 20 [18] years of age who is:
26	26	(i) alleged or found to have engaged in
27	27	delinquent conduct or conduct indicating a need for supervision as
28	28	a result of acts committed before becoming 18 [17] years of age; and
29	29	(ii) under the jurisdiction of a juvenile
30	30	court.
31	31	SECTION 1.03. Sections 8.07(b), (d), and (e), Penal Code,
32	32	are amended to read as follows:
33	33	(b) Unless the juvenile court waives jurisdiction under
34	34	Section 54.02, Family Code, and certifies the individual for
35	35	criminal prosecution or the juvenile court has previously waived
36	36	jurisdiction under that section and certified the individual for
37	37	criminal prosecution, a person may not be prosecuted for or
38	38	convicted of any offense committed before reaching 18 [17] years of
39	39	age except an offense described by Subsections (a)(1)-(5).
40	40	(d) Notwithstanding Subsection (a), a person may not be
41	41	prosecuted for or convicted of an offense described by Subsection
42	42	(a)(4) or (5) that the person committed when younger than 12 [10]
43	43	years of age.
44	44	(e) A person who is at least 12 [10] years of age but younger
45	45	than 15 years of age is presumed incapable of committing an offense
46	46	described by Subsection (a)(4) or (5), other than an offense under a
47	47	juvenile curfew ordinance or order. This presumption may be
48	48	refuted if the prosecution proves to the court by a preponderance of
49	49	the evidence that the actor had sufficient capacity to understand
50	50	that the conduct engaged in was wrong at the time the conduct was
51	51	engaged in. The prosecution is not required to prove that the actor
52	52	at the time of engaging in the conduct knew that the act was a
53	53	criminal offense or knew the legal consequences of the offense.
54	54	SECTION 1.04. The changes in law made by this article apply
55	55	only to an offense committed or conduct that occurs on or after
56	56	September 1, 2018. An offense committed or conduct that occurs
57	57	before September 1, 2018, is governed by the law in effect on the
58	58	date the offense was committed or the conduct occurred, and the
59	59	former law is continued in effect for that purpose. For purposes of
60	60	this section, an offense was committed or conduct occurred before
61	61	September 1, 2018, if any element of the offense or conduct occurred
62	62	before that date.
63	63	ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT
64	64	SECTION 2.01. Section 15.031(e), Penal Code, is amended to
65	65	read as follows:
66	66	(e) An offense under this section is one category lower than
67	67	the solicited offense, except that an offense under this section is
68	68	the same category as the solicited offense if it is shown on the
69	69	trial of the offense that the actor:
70	70	(1) was at the time of the offense 18 [17] years of age
71	71	or older and a member of a criminal street gang, as defined by
72	72	Section 71.01; and
73	73	(2) committed the offense with the intent to:
74	74	(A) further the criminal activities of the
75	75	criminal street gang; or
76	76	(B) avoid detection as a member of a criminal
77	77	street gang.
78	78	SECTION 2.02. Section 21.02(b), Penal Code, is amended to
79	79	read as follows:
80	80	(b) A person commits an offense if:
81	81	(1) during a period that is 30 or more days in
82	82	duration, the person commits two or more acts of sexual abuse,
83	83	regardless of whether the acts of sexual abuse are committed
84	84	against one or more victims; and
85	85	(2) at the time of the commission of each of the acts
86	86	of sexual abuse, the actor is 18 [17] years of age or older and the
87	87	victim is a child younger than 14 years of age.
88	88	SECTION 2.03. Section 33.021(b), Penal Code, is amended to
89	89	read as follows:
90	90	(b) A person who is 18 [17] years of age or older commits an
91	91	offense if, with the intent to commit an offense listed in Article
92	92	62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,
93	93	over the Internet, by electronic mail or text message or other
94	94	electronic message service or system, or through a commercial
95	95	online service, intentionally:
96	96	(1) communicates in a sexually explicit manner with a
97	97	minor; or
98	98	(2) distributes sexually explicit material to a minor.
99	99	SECTION 2.04. Section 71.028(c), Penal Code, is amended to
100	100	read as follows:
101	101	(c) Except as provided by Subsection (d), the punishment
102	102	prescribed for an offense described by Subsection (b) is increased
103	103	to the punishment prescribed for the next highest category of
104	104	offense if the actor is 18 [17] years of age or older and it is shown
105	105	beyond a reasonable doubt on the trial of the offense that the actor
106	106	committed the offense at a location that was:
107	107	(1) in, on, or within 1,000 feet of any:
108	108	(A) real property that is owned, rented, or
109	109	leased by a school or school board;
110	110	(B) premises owned, rented, or leased by an
111	111	institution of higher education;
112	112	(C) premises of a public or private youth center;
113	113	or
114	114	(D) playground;
115	115	(2) in, on, or within 300 feet of any:
116	116	(A) shopping mall;
117	117	(B) movie theater;
118	118	(C) premises of a public swimming pool; or
119	119	(D) premises of a video arcade facility; or
120	120	(3) on a school bus.
121	121	SECTION 2.05. Section 729.001(a), Transportation Code, is
122	122	amended to read as follows:
123	123	(a) A person who is younger than 18 [17] years of age commits
124	124	an offense if the person operates a motor vehicle on a public road
125	125	or highway, a street or alley in a municipality, or a public beach
126	126	in violation of any traffic law of this state, including:
127	127	(1) Chapter 502, other than Section [502.282 or]
128	128	502.412;
129	129	(2) Chapter 521, other than an offense under Section
130	130	521.457;
131	131	(3) Subtitle C, other than an offense punishable by
132	132	imprisonment or by confinement in jail under Section 550.021,
133	133	550.022, 550.024, or 550.025;
134	134	(4) Chapter 601;
135	135	(5) Chapter 621;
136	136	(6) Chapter 661; and
137	137	(7) Chapter 681.
138	138	SECTION 2.06. Section 729.002, Transportation Code, is
139	139	amended to read as follows:
140	140	Sec. 729.002. OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT
141	141	LICENSE. (a) A person who is younger than 18 [17] years of age
142	142	commits an offense if the person operates a motor vehicle without a
143	143	driver's license authorizing the operation of a motor vehicle on a:
144	144	(1) public road or highway;
145	145	(2) street or alley in a municipality; or
146	146	(3) public beach as defined by Section 729.001.
147	147	(b) An offense under this section is punishable in the same
148	148	manner as if the person was 18 [17] years of age or older and
149	149	operated a motor vehicle without a license as described by
150	150	Subsection (a), except that an offense under this section is not
151	151	punishable by confinement or imprisonment.
152	152	SECTION 2.07. The changes in law made by this article apply
153	153	only to an offense committed on or after September 1, 2018. An
154	154	offense committed before September 1, 2018, is governed by the law
155	155	in effect on the date the offense was committed, and the former law
156	156	is continued in effect for that purpose. For purposes of this
157	157	section, an offense was committed before September 1, 2018, if any
158	158	element of the offense occurred before that date.
159	159	ARTICLE 3. CRIMINAL PROCEDURES
160	160	SECTION 3.01. Article 4.19, Code of Criminal Procedure, is
161	161	amended to read as follows:
162	162	Art. 4.19. TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN
163	163	ADULT. (a) Notwithstanding the order of a juvenile court to
164	164	detain a person under the age of 18 [17] who has been certified to
165	165	stand trial as an adult in a certified juvenile detention facility
166	166	under Section 54.02(h), Family Code, the judge of the criminal
167	167	court having jurisdiction over the person may order the person to be
168	168	transferred to an adult facility. A child who is transferred to an
169	169	adult facility must be detained under conditions meeting the
170	170	requirements of Section 51.12, Family Code.
171	171	(b) On the 18th [17th] birthday of a person described by
172	172	Subsection (a) who is detained in a certified juvenile detention
173	173	facility under Section 54.02(h), Family Code, the judge of the
174	174	criminal court having jurisdiction over the person shall order the
175	175	person to be transferred to an adult facility.
176	176	SECTION 3.02. Article 45.0215(a), Code of Criminal
177	177	Procedure, is amended to read as follows:
178	178	(a) This article applies to a defendant who has not had the
179	179	disabilities of minority removed and [has been:
180	180	[(1) charged with an offense other than an offense
181	181	under Section 43.261, Penal Code, if the defendant is younger than
182	182	17 years of age; or
183	183	[(2) charged with an offense under Section 43.261,
184	184	Penal Code, if the defendant] is younger than 18 years of age.
185	185	SECTION 3.03. Articles 45.0216(b) and (h), Code of Criminal
186	186	Procedure, are amended to read as follows:
187	187	(b) A person may apply to the court in which the person was
188	188	convicted to have the conviction expunged as provided by this
189	189	article on or after the person's 18th [17th] birthday if:
190	190	(1) the person was convicted of not more than one
191	191	offense described by Section 8.07(a)(4) or (5), Penal Code, while
192	192	the person was a child; or
193	193	(2) the person was convicted only once of an offense
194	194	under Section 43.261, Penal Code.
195	195	(h) Records of a person under 18 [17] years of age relating
196	196	to a complaint may be expunged under this article if:
197	197	(1) the complaint was dismissed under Article 45.051
198	198	or 45.052 or other law; or
199	199	(2) the person was acquitted of the offense.
200	200	SECTION 3.04. Article 45.045(b), Code of Criminal
201	201	Procedure, is amended to read as follows:
202	202	(b) A capias pro fine may not be issued for an individual
203	203	convicted for an offense committed before the individual's 18th
204	204	[17th] birthday unless:
205	205	(1) the individual is 18 [17] years of age or older;
206	206	(2) the court finds that the issuance of the capias pro
207	207	fine is justified after considering:
208	208	(A) the sophistication and maturity of the
209	209	individual;
210	210	(B) the criminal record and history of the
211	211	individual; and
212	212	(C) the reasonable likelihood of bringing about
213	213	the discharge of the judgment through the use of procedures and
214	214	services currently available to the court; and
215	215	(3) the court has proceeded under Article 45.050 to
216	216	compel the individual to discharge the judgment.
217	217	SECTION 3.05. Article 45.0492(a), Code of Criminal
218	218	Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
219	219	Legislature, Regular Session, 2011, is amended to read as follows:
220	220	(a) This article applies only to a defendant younger than 18
221	221	[17] years of age who is assessed a fine or costs for a Class C
222	222	misdemeanor occurring in a building or on the grounds of the primary
223	223	or secondary school at which the defendant was enrolled at the time
224	224	of the offense.
225	225	SECTION 3.06. Article 45.0492(a), Code of Criminal
226	226	Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd
227	227	Legislature, Regular Session, 2011, is amended to read as follows:
228	228	(a) This article applies only to a defendant younger than 18
229	229	[17] years of age who is assessed a fine or costs for a Class C
230	230	misdemeanor.
231	231	SECTION 3.07. Articles 45.050(d), (e), and (g), Code of
232	232	Criminal Procedure, are amended to read as follows:
233	233	(d) A justice or municipal court may hold a person in
234	234	contempt and impose a remedy authorized by Subsection (c)(2) if:
235	235	(1) the person was convicted for an offense committed
236	236	before the person's 18th [17th] birthday;
237	237	(2) the person failed to obey the order while the
238	238	person was 18 [17] years of age or older; and
239	239	(3) the failure to obey occurred under circumstances
240	240	that constitute contempt of court.
241	241	(e) A justice or municipal court may hold a person in
242	242	contempt and impose a remedy authorized by Subsection (c)(2) if the
243	243	person, while younger than 18 [17] years of age, engaged in conduct
244	244	in contempt of an order issued by the justice or municipal court,
245	245	but contempt proceedings could not be held before the person's 18th
246	246	[17th] birthday.
247	247	(g) A justice or municipal court may not refer a child who
248	248	violates a court order while 18 [17] years of age or older to a
249	249	juvenile court for delinquency proceedings for contempt of court.
250	250	SECTION 3.08. Article 45.057(h), Code of Criminal
251	251	Procedure, is amended to read as follows:
252	252	(h) A child and parent required to appear before the court
253	253	have an obligation to provide the court in writing with the current
254	254	address and residence of the child. The obligation does not end
255	255	when the child reaches age 18 [17]. On or before the seventh day
256	256	after the date the child or parent changes residence, the child or
257	257	parent shall notify the court of the current address in the manner
258	258	directed by the court. A violation of this subsection may result in
259	259	arrest and is a Class C misdemeanor. The obligation to provide
260	260	notice terminates on discharge and satisfaction of the judgment or
261	261	final disposition not requiring a finding of guilt.
262	262	SECTION 3.09. Article 45.058(h), Code of Criminal
263	263	Procedure, is amended to read as follows:
264	264	(h) In this article, "child" means a person who is:
265	265	(1) at least 12 [10] years of age and younger than 18
266	266	[17] years of age; and
267	267	(2) charged with or convicted of an offense that a
268	268	justice or municipal court has jurisdiction of under Article 4.11
269	269	or 4.14.
270	270	SECTION 3.10. Article 45.059(a), Code of Criminal
271	271	Procedure, is amended to read as follows:
272	272	(a) A peace officer taking into custody a person younger
273	273	than 18 [17] years of age for violation of a juvenile curfew
274	274	ordinance of a municipality or order of the commissioners court of a
275	275	county shall, without unnecessary delay:
276	276	(1) release the person to the person's parent,
277	277	guardian, or custodian;
278	278	(2) take the person before a justice or municipal
279	279	court to answer the charge; or
280	280	(3) take the person to a place designated as a juvenile
281	281	curfew processing office by the head of the law enforcement agency
282	282	having custody of the person.
283	283	SECTION 3.11. Articles 45.060(a), (b), and (e), Code of
284	284	Criminal Procedure, are amended to read as follows:
285	285	(a) Except as provided by Articles 45.058 and 45.059, an
286	286	individual may not be taken into secured custody for offenses
287	287	alleged to have occurred before the individual's 18th [17th]
288	288	birthday.
289	289	(b) On or after an individual's 18th [17th] birthday, if the
290	290	court has used all available procedures under this chapter to
291	291	secure the individual's appearance to answer allegations made
292	292	before the individual's 18th [17th] birthday, the court may issue a
293	293	notice of continuing obligation to appear by personal service or by
294	294	mail to the last known address and residence of the individual. The
295	295	notice must order the individual to appear at a designated time,
296	296	place, and date to answer the allegations detailed in the notice.
297	297	(e) A notice of continuing obligation to appear issued under
298	298	this article must contain the following statement provided in
299	299	boldfaced type or capital letters:
300	300	"WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]
301	301	BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO
302	302	MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU
303	303	ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS
304	304	CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN
305	305	ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED
306	306	FOR YOUR ARREST."
307	307	SECTION 3.12. Article 62.001(6), Code of Criminal
308	308	Procedure, is amended to read as follows:
309	309	(6) "Sexually violent offense" means any of the
310	310	following offenses committed by a person 18 [17] years of age or
311	311	older:
312	312	(A) an offense under Section 21.02 (Continuous
313	313	sexual abuse of young child or children), 21.11(a)(1) (Indecency
314	314	with a child), 22.011 (Sexual assault), or 22.021 (Aggravated
315	315	sexual assault), Penal Code;
316	316	(B) an offense under Section 43.25 (Sexual
317	317	performance by a child), Penal Code;
318	318	(C) an offense under Section 20.04(a)(4)
319	319	(Aggravated kidnapping), Penal Code, if the defendant committed the
320	320	offense with intent to violate or abuse the victim sexually;
321	321	(D) an offense under Section 30.02 (Burglary),
322	322	Penal Code, if the offense is punishable under Subsection (d) of
323	323	that section and the defendant committed the offense with intent to
324	324	commit a felony listed in Paragraph (A) or (C) of Subdivision (5);
325	325	or
326	326	(E) an offense under the laws of another state,
327	327	federal law, the laws of a foreign country, or the Uniform Code of
328	328	Military Justice if the offense contains elements that are
329	329	substantially similar to the elements of an offense listed under
330	330	Paragraph (A), (B), (C), or (D).
331	331	SECTION 3.13. Article 62.351(a), Code of Criminal
332	332	Procedure, is amended to read as follows:
333	333	(a) During or after disposition of a case under Section
334	334	54.04, Family Code, for adjudication of an offense for which
335	335	registration is required under this chapter, the juvenile court on
336	336	motion of the respondent shall conduct a hearing to determine
337	337	whether the interests of the public require registration under this
338	338	chapter. The motion may be filed and the hearing held regardless of
339	339	whether the respondent is under 19 [18] years of age. Notice of the
340	340	motion and hearing shall be provided to the prosecuting attorney.
341	341	SECTION 3.14. Article 62.352(c), Code of Criminal
342	342	Procedure, is amended to read as follows:
343	343	(c) If the court enters an order described by Subsection
344	344	(b)(1), the court retains discretion and jurisdiction to require,
345	345	or exempt the respondent from, registration under this chapter at
346	346	any time during the treatment or on the successful or unsuccessful
347	347	completion of treatment, except that during the period of deferral,
348	348	registration may not be required. Following successful completion
349	349	of treatment, the respondent is exempted from registration under
350	350	this chapter unless a hearing under this subchapter is held on
351	351	motion of the prosecuting attorney, regardless of whether the
352	352	respondent is 19 [18] years of age or older, and the court
353	353	determines the interests of the public require registration. Not
354	354	later than the 10th day after the date of the respondent's
355	355	successful completion of treatment, the treatment provider shall
356	356	notify the juvenile court and prosecuting attorney of the
357	357	completion.
358	358	SECTION 3.15. Article 62.353(b), Code of Criminal
359	359	Procedure, is amended to read as follows:
360	360	(b) The person may file a motion under Subsection (a) in the
361	361	original juvenile case regardless of whether the person, at the
362	362	time of filing the motion, is 19 [18] years of age or older. Notice
363	363	of the motion shall be provided to the prosecuting attorney. A
364	364	hearing on the motion shall be provided as in other cases under this
365	365	subchapter.
366	366	SECTION 3.16. Section 37.085, Education Code, is amended to
367	367	read as follows:
368	368	Sec. 37.085. ARRESTS PROHIBITED FOR CERTAIN CLASS C
369	369	MISDEMEANORS. Notwithstanding any other provision of law, a
370	370	warrant may not be issued for the arrest of a person for a Class C
371	371	misdemeanor under this code committed when the person was younger
372	372	than 18 [17] years of age.
373	373	SECTION 3.17. Section 521.453(i), Transportation Code, is
374	374	amended to read as follows:
375	375	(i) If the person ordered to perform community service under
376	376	Subsection (h) is younger than 18 [17] years of age, the community
377	377	service shall be performed as if ordered by a juvenile court under
378	378	Section 54.044(a), Family Code, as a condition of probation under
379	379	Section 54.04(d), Family Code.
380	380	SECTION 3.18. (a) Except as provided by Subsection (b) of
381	381	this section, the changes in law made by this article apply only to
382	382	an offense committed on or after September 1, 2018. An offense
383	383	committed before September 1, 2018, is governed by the law in effect
384	384	on the date the offense was committed, and the former law is
385	385	continued in effect for that purpose.
386	386	(b) Articles 45.0216(b) and (h), Code of Criminal
387	387	Procedure, as amended by this article, apply only to the expunction
388	388	of certain records related to an offense committed on or after
389	389	September 1, 2018. The expunction of certain records related to an
390	390	offense committed before September 1, 2018, is governed by the law
391	391	in effect on the date the offense was committed, and the former law
392	392	is continued in effect for that purpose.
393	393	(c) For purposes of this section, an offense was committed
394	394	before September 1, 2018, if any element of the offense occurred
395	395	before that date.
396	396	ARTICLE 4. JUVENILE COURT PROCEDURES
397	397	SECTION 4.01. Section 51.041, Family Code, is amended to
398	398	read as follows:
399	399	Sec. 51.041. JURISDICTION AFTER APPEAL. (a) The court
400	400	retains jurisdiction over a person, without regard to the age of the
401	401	person, for conduct engaged in by the person before becoming 18 [17]
402	402	years of age if, as a result of an appeal by the person or the state
403	403	under Chapter 56 of an order of the court, the order is reversed or
404	404	modified and the case remanded to the court by the appellate court.
405	405	(b) If the respondent is at least 18 years of age when the
406	406	order of remand from the appellate court is received by the juvenile
407	407	court, the juvenile court shall proceed as provided by Sections
408	408	54.02(o)-(r) for the detention of a person at least 19 [18] years of
409	409	age in discretionary transfer proceedings. Pending retrial of the
410	410	adjudication or transfer proceeding, the juvenile court may:
411	411	(1) order the respondent released from custody;
412	412	(2) order the respondent detained in a juvenile
413	413	detention facility; or
414	414	(3) set bond and order the respondent detained in a
415	415	county adult facility if bond is not made.
416	416	SECTION 4.02. Section 51.0412, Family Code, is amended to
417	417	read as follows:
418	418	Sec. 51.0412. JURISDICTION OVER INCOMPLETE PROCEEDINGS.
419	419	The court retains jurisdiction over a person, without regard to the
420	420	age of the person, who is a respondent in an adjudication
421	421	proceeding, a disposition proceeding, a proceeding to modify
422	422	disposition, a proceeding for waiver of jurisdiction and transfer
423	423	to criminal court under Section 54.02(a), or a motion for transfer
424	424	of determinate sentence probation to an appropriate district court
425	425	if:
426	426	(1) the petition or motion was filed while the
427	427	respondent was younger than 19 or 20 [18 or 19] years of age, as
428	428	applicable;
429	429	(2) the proceeding is not complete before the
430	430	respondent becomes 19 or 20 [18 or 19] years of age, as applicable;
431	431	and
432	432	(3) the court enters a finding in the proceeding that
433	433	the prosecuting attorney exercised due diligence in an attempt to
434	434	complete the proceeding before the respondent became 19 or 20 [18 or
435	435	19] years of age, as applicable.
436	436	SECTION 4.03. Sections 51.12(f) and (h), Family Code, are
437	437	amended to read as follows:
438	438	(f) A child detained in a building that contains a jail,
439	439	lockup, or other place of secure confinement, including an alcohol
440	440	or other drug treatment facility, shall be separated by sight and
441	441	sound from adults detained in the same building. Children and
442	442	adults are separated by sight and sound only if they are unable to
443	443	see each other and conversation between them is not possible. The
444	444	separation must extend to all areas of the facility, including
445	445	sally ports and passageways, and those areas used for admission,
446	446	counseling, sleeping, toileting, showering, dining, recreational,
447	447	educational, or vocational activities, and health care. The
448	448	separation may be accomplished through architectural design. A
449	449	person who has been transferred for prosecution in criminal court
450	450	under Section 54.02 and is under 18 [17] years of age is considered
451	451	a child for the purposes of this subsection.
452	452	(h) This section does not apply to a person:
453	453	(1) who has been transferred to criminal court for
454	454	prosecution under Section 54.02 and is at least 18 [17] years of
455	455	age; or
456	456	(2) who is at least 18 [17] years of age and who has
457	457	been taken into custody after having:
458	458	(A) escaped from a juvenile facility operated by
459	459	or under contract with the Texas Juvenile Justice Department; or
460	460	(B) violated a condition of release under
461	461	supervision of the department.
462	462	SECTION 4.04. Section 54.02(j), Family Code, is amended to
463	463	read as follows:
464	464	(j) The juvenile court may waive its exclusive original
465	465	jurisdiction and transfer a person to the appropriate district
466	466	court or criminal district court for criminal proceedings if:
467	467	(1) the person is 19 [18] years of age or older;
468	468	(2) the person was:
469	469	(A) 12 [10] years of age or older and under 18
470	470	[17] years of age at the time the person is alleged to have
471	471	committed a capital felony or an offense under Section 19.02, Penal
472	472	Code;
473	473	(B) 14 years of age or older and under 18 [17]
474	474	years of age at the time the person is alleged to have committed an
475	475	aggravated controlled substance felony or a felony of the first
476	476	degree other than an offense under Section 19.02, Penal Code; or
477	477	(C) 15 years of age or older and under 18 [17]
478	478	years of age at the time the person is alleged to have committed a
479	479	felony of the second or third degree or a state jail felony;
480	480	(3) no adjudication concerning the alleged offense has
481	481	been made or no adjudication hearing concerning the offense has
482	482	been conducted;
483	483	(4) the juvenile court finds from a preponderance of
484	484	the evidence that:
485	485	(A) for a reason beyond the control of the state
486	486	it was not practicable to proceed in juvenile court before the 19th
487	487	[18th] birthday of the person; or
488	488	(B) after due diligence of the state it was not
489	489	practicable to proceed in juvenile court before the 19th [18th]
490	490	birthday of the person because:
491	491	(i) the state did not have probable cause to
492	492	proceed in juvenile court and new evidence has been found since the
493	493	19th [18th] birthday of the person;
494	494	(ii) the person could not be found; or
495	495	(iii) a previous transfer order was
496	496	reversed by an appellate court or set aside by a district court; and
497	497	(5) the juvenile court determines that there is
498	498	probable cause to believe that the child before the court committed
499	499	the offense alleged.
500	500	SECTION 4.05. Section 54.0326(b), Family Code, is amended
501	501	to read as follows:
502	502	(b) A juvenile court may defer adjudication proceedings
503	503	under Section 54.03 until the child's 19th [18th] birthday and
504	504	require a child to participate in a program established under
505	505	Section 152.0017, Human Resources Code, if the child:
506	506	(1) is alleged to have engaged in delinquent conduct
507	507	or conduct indicating a need for supervision and may be a victim of
508	508	conduct that constitutes an offense under Section 20A.02, Penal
509	509	Code; and
510	510	(2) presents to the court an oral or written request to
511	511	participate in the program.
512	512	SECTION 4.06. Sections 54.04(e), (l), and (q), Family Code,
513	513	are amended to read as follows:
514	514	(e) The Texas Juvenile Justice Department shall accept a
515	515	person properly committed to it by a juvenile court even though the
516	516	person may be 18 [17] years of age or older at the time of
517	517	commitment.
518	518	(l) Except as provided by Subsection (q), a court or jury
519	519	may place a child on probation under Subsection (d)(1) for any
520	520	period, except that probation may not continue on or after the
521	521	child's 19th [18th] birthday. Except as provided by Subsection
522	522	(q), the court may, before the period of probation ends, extend the
523	523	probation for any period, except that the probation may not extend
524	524	to or after the child's 19th [18th] birthday.
525	525	(q) If a court or jury sentences a child to commitment in the
526	526	Texas Juvenile Justice Department or a post-adjudication secure
527	527	correctional facility under Subsection (d)(3) for a term of not
528	528	more than 10 years, the court or jury may place the child on
529	529	probation under Subsection (d)(1) as an alternative to making the
530	530	disposition under Subsection (d)(3). The court shall prescribe
531	531	the period of probation ordered under this subsection for a term of
532	532	not more than 10 years. The court may, before the sentence of
533	533	probation expires, extend the probationary period under Section
534	534	54.05, except that the sentence of probation and any extension may
535	535	not exceed 10 years. The court may, before the child's 20th [19th]
536	536	birthday, discharge the child from the sentence of probation. If a
537	537	sentence of probation ordered under this subsection and any
538	538	extension of probation ordered under Section 54.05 will continue
539	539	after the child's 20th [19th] birthday, the court shall discharge
540	540	the child from the sentence of probation on the child's 20th [19th]
541	541	birthday unless the court transfers the child to an appropriate
542	542	district court under Section 54.051.
543	543	SECTION 4.07. Section 54.0405(i), Family Code, is amended
544	544	to read as follows:
545	545	(i) A court that requires as a condition of probation that a
546	546	child attend psychological counseling under Subsection (a) may,
547	547	before the date the probation period ends, extend the probation for
548	548	any additional period necessary to complete the required counseling
549	549	as determined by the treatment provider, except that the probation
550	550	may not be extended to a date after the date of the child's 19th
551	551	[18th] birthday, or 20th [19th] birthday if the child is placed on
552	552	determinate sentence probation under Section 54.04(q).
553	553	SECTION 4.08. Sections 54.041(b) and (h), Family Code, are
554	554	amended to read as follows:
555	555	(b) If a child is found to have engaged in delinquent
556	556	conduct or conduct indicating a need for supervision arising from
557	557	the commission of an offense in which property damage or loss or
558	558	personal injury occurred, the juvenile court, on notice to all
559	559	persons affected and on hearing, may order the child or a parent to
560	560	make full or partial restitution to the victim of the offense. The
561	561	program of restitution must promote the rehabilitation of the
562	562	child, be appropriate to the age and physical, emotional, and
563	563	mental abilities of the child, and not conflict with the child's
564	564	schooling. When practicable and subject to court supervision, the
565	565	court may approve a restitution program based on a settlement
566	566	between the child and the victim of the offense. An order under
567	567	this subsection may provide for periodic payments by the child or a
568	568	parent of the child for the period specified in the order but except
569	569	as provided by Subsection (h), that period may not extend past the
570	570	date of the 19th [18th] birthday of the child or past the date the
571	571	child is no longer enrolled in an accredited secondary school in a
572	572	program leading toward a high school diploma, whichever date is
573	573	later.
574	574	(h) If the juvenile court places the child on probation in a
575	575	determinate sentence proceeding initiated under Section 53.045 and
576	576	transfers supervision on the child's 20th [19th] birthday to a
577	577	district court for placement on community supervision, the district
578	578	court shall require the payment of any unpaid restitution as a
579	579	condition of the community supervision. The liability of the
580	580	child's parent for restitution may not be extended by transfer to a
581	581	district court for supervision.
582	582	SECTION 4.09. Sections 54.05(a) and (b), Family Code, are
583	583	amended to read as follows:
584	584	(a) Any [Except as provided by Subsection (a-1), any]
585	585	disposition, except a commitment to the Texas Juvenile Justice
586	586	Department, may be modified by the juvenile court as provided in
587	587	this section until:
588	588	(1) the child reaches:
589	589	(A) the child's 19th [18th] birthday; or
590	590	(B) the child's 20th [19th] birthday, if the
591	591	child was placed on determinate sentence probation under Section
592	592	54.04(q); or
593	593	(2) the child is earlier discharged by the court or
594	594	operation of law.
595	595	(b) Except for a commitment to the Texas Juvenile Justice
596	596	Department or to a post-adjudication secure correctional facility
597	597	under Section 54.04011 or a placement on determinate sentence
598	598	probation under Section 54.04(q), all dispositions automatically
599	599	terminate when the child reaches the child's 19th [18th] birthday.
600	600	SECTION 4.10. Section 54.051, Family Code, is amended by
601	601	amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding
602	602	Subsection (j) to read as follows:
603	603	(a) On motion of the state concerning a child who is placed
604	604	on probation under Section 54.04(q) for a period, including any
605	605	extension ordered under Section 54.05, that will continue after the
606	606	child's applicable [19th] birthday, the juvenile court shall hold a
607	607	hearing to determine whether to transfer the child to an
608	608	appropriate district court or discharge the child from the sentence
609	609	of probation.
610	610	(b) The hearing must be conducted before the person's
611	611	applicable [19th] birthday[, or before the person's 18th birthday
612	612	if the offense for which the person was placed on probation occurred
613	613	before September 1, 2011,] and must be conducted in the same manner
614	614	as a hearing to modify disposition under Section 54.05.
615	615	(c) If, after a hearing, the court determines to discharge
616	616	the child, the court shall specify a date on or before the child's
617	617	applicable [19th] birthday to discharge the child from the
618	618	sentence of probation.
619	619	(d) If, after a hearing, the court determines to transfer
620	620	the child, the court shall transfer the child to an appropriate
621	621	district court on the child's applicable [19th] birthday.
622	622	(e-2) If a person who is placed on community supervision
623	623	under this section violates a condition of that supervision or if
624	624	the person violated a condition of probation ordered under Section
625	625	54.04(q) and that probation violation was not discovered by the
626	626	state before the person's 20th [19th] birthday, the district court
627	627	shall dispose of the violation of community supervision or
628	628	probation, as appropriate, in the same manner as if the court had
629	629	originally exercised jurisdiction over the case. If the judge
630	630	revokes community supervision, the judge may reduce the prison
631	631	sentence to any length without regard to the minimum term imposed by
632	632	Article 42A.755(a), Code of Criminal Procedure.
633	633	(i) If the juvenile court exercises jurisdiction over a
634	634	person on or after the person's [who is 18 or 19 years of age or
635	635	older, as] applicable birthday, under Section 51.041 or 51.0412,
636	636	the court or jury may, if the person is otherwise eligible, place
637	637	the person on probation under Section 54.04(q). The juvenile court
638	638	shall set the conditions of probation and immediately transfer
639	639	supervision of the person to the appropriate court exercising
640	640	criminal jurisdiction under Subsection (e).
641	641	(j) In this section, "applicable birthday" means the
642	642	person's:
643	643	(1) 18th birthday, if the conduct for which the person
644	644	was placed on probation occurred before September 1, 2011;
645	645	(2) 19th birthday, if the conduct for which the person
646	646	was placed on probation occurred on or after September 1, 2011, but
647	647	before September 1, 2018; or
648	648	(3) 20th birthday, if the conduct for which the person
649	649	was placed on probation occurred on or after September 1, 2018.
650	650	SECTION 4.11. Section 54.11(l), Family Code, is amended to
651	651	read as follows:
652	652	(l) Pending the conclusion of a transfer hearing, the
653	653	juvenile court shall order that the person who is referred for
654	654	transfer be detained in a certified juvenile detention facility as
655	655	provided by Subsection (m). If the person is at least 18 [17] years
656	656	of age, the juvenile court may order that the person be detained
657	657	without bond in an appropriate county facility for the detention of
658	658	adults accused of criminal offenses.
659	659	SECTION 4.12. Section 55.15, Family Code, is amended to
660	660	read as follows:
661	661	Sec. 55.15. STANDARDS OF CARE; EXPIRATION OF COURT ORDER
662	662	FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to
663	663	which the child's case is referred under Section 55.12(2) orders
664	664	mental health services for the child, the child shall be cared for,
665	665	treated, and released in conformity to Subtitle C, Title 7, Health
666	666	and Safety Code, except:
667	667	(1) a court order for mental health services for a
668	668	child automatically expires on the 120th day after the date the
669	669	child becomes 19 [18] years of age; and
670	670	(2) the administrator of a mental health facility
671	671	shall notify, in writing, by certified mail, return receipt
672	672	requested, the juvenile court that ordered mental health services
673	673	or the juvenile court that referred the case to a court that ordered
674	674	the mental health services of the intent to discharge the child at
675	675	least 10 days prior to discharge.
676	676	SECTION 4.13. Section 55.18, Family Code, is amended to
677	677	read as follows:
678	678	Sec. 55.18. DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE
679	679	REACHING 19 [18] YEARS OF AGE. If the child is discharged from the
680	680	mental health facility before reaching 19 [18] years of age, the
681	681	juvenile court may:
682	682	(1) dismiss the juvenile court proceedings with
683	683	prejudice; or
684	684	(2) continue with proceedings under this title as
685	685	though no order of mental health services had been made.
686	686	SECTION 4.14. The heading to Section 55.19, Family Code, is
687	687	amended to read as follows:
688	688	Sec. 55.19. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
689	689	BIRTHDAY.
690	690	SECTION 4.15. Section 55.19(a), Family Code, is amended to
691	691	read as follows:
692	692	(a) The juvenile court shall transfer all pending
693	693	proceedings from the juvenile court to a criminal court on the 19th
694	694	[18th] birthday of a child for whom the juvenile court or a court to
695	695	which the child's case is referred under Section 55.12(2) has
696	696	ordered inpatient mental health services if:
697	697	(1) the child is not discharged or furloughed from the
698	698	inpatient mental health facility before reaching 19 [18] years of
699	699	age; and
700	700	(2) the child is alleged to have engaged in delinquent
701	701	conduct that included a violation of a penal law listed in Section
702	702	53.045 and no adjudication concerning the alleged conduct has been
703	703	made.
704	704	SECTION 4.16. Section 55.43(a), Family Code, is amended to
705	705	read as follows:
706	706	(a) The prosecuting attorney may file with the juvenile
707	707	court a motion for a restoration hearing concerning a child if:
708	708	(1) the child is found unfit to proceed as a result of
709	709	mental illness or an intellectual disability; and
710	710	(2) the child:
711	711	(A) is not:
712	712	(i) ordered by a court to receive inpatient
713	713	mental health services;
714	714	(ii) committed by a court to a residential
715	715	care facility; or
716	716	(iii) ordered by a court to receive
717	717	treatment on an outpatient basis; or
718	718	(B) is discharged or currently on furlough from a
719	719	mental health facility or outpatient center before the child
720	720	reaches 19 [18] years of age.
721	721	SECTION 4.17. The heading to Section 55.44, Family Code, is
722	722	amended to read as follows:
723	723	Sec. 55.44. TRANSFER TO CRIMINAL COURT ON 19TH [18TH]
724	724	BIRTHDAY OF CHILD.
725	725	SECTION 4.18. Section 55.44(a), Family Code, is amended to
726	726	read as follows:
727	727	(a) The juvenile court shall transfer all pending
728	728	proceedings from the juvenile court to a criminal court on the 19th
729	729	[18th] birthday of a child for whom the juvenile court or a court to
730	730	which the child's case is referred has ordered inpatient mental
731	731	health services or residential care for persons with an
732	732	intellectual disability if:
733	733	(1) the child is not discharged or currently on
734	734	furlough from the facility before reaching 19 [18] years of age; and
735	735	(2) the child is alleged to have engaged in delinquent
736	736	conduct that included a violation of a penal law listed in Section
737	737	53.045 and no adjudication concerning the alleged conduct has been
738	738	made.
739	739	SECTION 4.19. The heading to Section 56.03, Family Code, is
740	740	amended to read as follows:
741	741	Sec. 56.03. APPEAL BY STATE [IN CASES OF OFFENSES ELIGIBLE
742	742	FOR DETERMINATE SENTENCE].
743	743	SECTION 4.20. Section 56.03(b), Family Code, is amended to
744	744	read as follows:
745	745	(b) The state is entitled to appeal an order of a court:
746	746	(1) in a juvenile case in which the grand jury has
747	747	approved of the petition under Section 53.045 if the order:
748	748	(A) [(1)] dismisses a petition or any portion of
749	749	a petition;
750	750	(B) [(2)] arrests or modifies a judgment;
751	751	(C) [(3)] grants a new trial;
752	752	(D) [(4)] sustains a claim of former jeopardy; or
753	753	(E) [(5)] grants a motion to suppress evidence, a
754	754	confession, or an admission and if:
755	755	(i) [(A)] jeopardy has not attached in the
756	756	case;
757	757	(ii) [(B)] the prosecuting attorney
758	758	certifies to the trial court that the appeal is not taken for the
759	759	purpose of delay; and
760	760	(iii) [(C)] the evidence, confession, or
761	761	admission is of substantial importance in the case; or
762	762	(2) if the order denies the transfer of the child under
763	763	Section 54.02 to criminal court for prosecution as an adult.
764	764	SECTION 4.21. Sections 58.003(c), (c-2), (c-4), (c-6), and
765	765	(c-8), Family Code, are amended to read as follows:
766	766	(c) Subject to Subsection (b), a court may order the sealing
767	767	of records concerning a person adjudicated as having engaged in
768	768	delinquent conduct that violated a penal law of the grade of felony
769	769	only if:
770	770	(1) the person is 19 years of age or older;
771	771	(2) the person was not transferred by a juvenile court
772	772	under Section 54.02 to a criminal court for prosecution;
773	773	(3) the records have not been used as evidence in the
774	774	punishment phase of a criminal proceeding under Section 3(a),
775	775	Article 37.07, Code of Criminal Procedure; and
776	776	(4) the person has not been convicted of a penal law of
777	777	the grade of felony after becoming age 18 [17].
778	778	(c-2) If the court orders the sealing of a child's records
779	779	under Subsection (c-1), a prosecuting attorney or juvenile
780	780	probation department may maintain until the child's 19th [17th]
781	781	birthday a separate record of the child's name and date of birth and
782	782	the date the child successfully completed the drug court
783	783	program. The prosecuting attorney or juvenile probation
784	784	department, as applicable, shall send the record to the court as
785	785	soon as practicable after the child's 19th [17th] birthday to be
786	786	added to the child's other sealed records.
787	787	(c-4) A prosecuting attorney or juvenile probation
788	788	department may maintain until a child's 19th [17th] birthday a
789	789	separate record of the child's name and date of birth and the date
790	790	on which the child's records are sealed, if the child's records are
791	791	sealed under Subsection (c-3). The prosecuting attorney or
792	792	juvenile probation department, as applicable, shall send the record
793	793	to the court as soon as practicable after the child's 19th [17th]
794	794	birthday to be added to the child's other sealed records.
795	795	(c-6) A prosecuting attorney or juvenile probation
796	796	department may maintain until a child's 19th [17th] birthday a
797	797	separate record of the child's name and date of birth and the date
798	798	on which the child successfully completed the educational program,
799	799	if the child's records are sealed under Subsection (c-5). The
800	800	prosecuting attorney or juvenile probation department, as
801	801	applicable, shall send the record to the court as soon as
802	802	practicable after the child's 19th [17th] birthday to be added to
803	803	the child's other sealed records.
804	804	(c-8) If the court orders the sealing of a child's records
805	805	under Subsection (c-7), a prosecuting attorney or juvenile
806	806	probation department may maintain until the child's 19th [18th]
807	807	birthday a separate record of the child's name and date of birth and
808	808	the date the child successfully completed the trafficked persons
809	809	program. The prosecuting attorney or juvenile probation
810	810	department, as applicable, shall send the record to the court as
811	811	soon as practicable after the child's 19th [18th] birthday to be
812	812	added to the child's other sealed records.
813	813	SECTION 4.22. Section 58.0052(a)(2), Family Code, is
814	814	amended to read as follows:
815	815	(2) "Multi-system youth" means a person who:
816	816	(A) is younger than 20 [19] years of age; and
817	817	(B) has received services from two or more
818	818	juvenile service providers.
819	819	SECTION 4.23. Section 58.0071(d), Family Code, is amended
820	820	to read as follows:
821	821	(d) The physical records and files of a juvenile case may
822	822	only be destroyed if the child who is the respondent in the case:
823	823	(1) is at least 19 [18] years of age and:
824	824	(A) the most serious allegation adjudicated was
825	825	conduct indicating a need for supervision;
826	826	(B) the most serious allegation was conduct
827	827	indicating a need for supervision and there was not an
828	828	adjudication; or
829	829	(C) the referral or information did not relate to
830	830	conduct indicating a need for supervision or delinquent conduct and
831	831	the juvenile court or the court's staff did not take action on the
832	832	referral or information for that reason;
833	833	(2) is at least 21 years of age and:
834	834	(A) the most serious allegation adjudicated was
835	835	delinquent conduct that violated a penal law of the grade of
836	836	misdemeanor; or
837	837	(B) the most serious allegation was delinquent
838	838	conduct that violated a penal law of the grade of misdemeanor or
839	839	felony and there was not an adjudication; or
840	840	(3) is at least 31 years of age and the most serious
841	841	allegation adjudicated was delinquent conduct that violated a penal
842	842	law of the grade of felony.
843	843	SECTION 4.24. Section 58.203(a), Family Code, is amended to
844	844	read as follows:
845	845	(a) The department shall certify to the juvenile probation
846	846	department to which a referral was made that resulted in
847	847	information being submitted to the juvenile justice information
848	848	system that the records relating to a person's juvenile case are
849	849	subject to automatic restriction of access if:
850	850	(1) the person is at least 19 [17] years of age;
851	851	(2) the juvenile case did not include conduct
852	852	resulting in determinate sentence proceedings in the juvenile court
853	853	under Section 53.045; and
854	854	(3) the juvenile case was not certified for trial in
855	855	criminal court under Section 54.02.
856	856	SECTION 4.25. Section 58.208, Family Code, is amended to
857	857	read as follows:
858	858	Sec. 58.208. INFORMATION TO CHILD ON DISCHARGE. On the
859	859	final discharge of a child from the juvenile system or on the last
860	860	official action in the case, if there is no adjudication, the
861	861	appropriate juvenile justice official shall provide to the child:
862	862	(1) a written explanation of how automatic restricted
863	863	access under this subchapter works;
864	864	(2) a copy of this subchapter; and
865	865	(3) a statement that if the child wishes to receive
866	866	notification of an action restricting access to the child's records
867	867	under Section 58.207(a), the child must before the child's 19th
868	868	[17th] birthday provide the juvenile probation department with a
869	869	current address where the child can receive notification.
870	870	SECTION 4.26. Section 58.209(a), Family Code, is amended to
871	871	read as follows:
872	872	(a) When a child is placed on probation for an offense that
873	873	may be eligible for automatic restricted access at age 19 [17] or
874	874	when a child is received by the Texas Juvenile Justice Department on
875	875	an indeterminate commitment, a probation officer or an official at
876	876	the Texas Juvenile Justice Department reception center, as soon as
877	877	practicable, shall explain the substance of the following
878	878	information to the child:
879	879	(1) if the child was adjudicated as having committed
880	880	delinquent conduct for a felony or jailable misdemeanor, that the
881	881	child probably has a juvenile record with the department and the
882	882	Federal Bureau of Investigation;
883	883	(2) that the child's juvenile record is a permanent
884	884	record that is not destroyed or erased unless the record is eligible
885	885	for sealing and the child or the child's family hires a lawyer and
886	886	files a petition in court to have the record sealed;
887	887	(3) that the child's juvenile record, other than
888	888	treatment records made confidential by law, can be accessed by
889	889	police, sheriff's officers, prosecutors, probation officers,
890	890	correctional officers, and other criminal and juvenile justice
891	891	officials in this state and elsewhere;
892	892	(4) that the child's juvenile record, other than
893	893	treatment records made confidential by law, can be accessed by
894	894	employers, educational institutions, licensing agencies, and other
895	895	organizations when the child applies for employment or educational
896	896	programs;
897	897	(5) if the child's juvenile record is placed on
898	898	restricted access when the child becomes 19 [17] years of age, that
899	899	access will be denied to employers, educational institutions, and
900	900	others except for criminal justice agencies;
901	901	(6) that restricted access does not require any action
902	902	by the child or the child's family, including the filing of a
903	903	petition or hiring of a lawyer, but occurs automatically at age 19
904	904	[17]; and
905	905	(7) that if the child is under the jurisdiction of the
906	906	juvenile court or the Texas Juvenile Justice Department on or after
907	907	the child's 19th [17th] birthday, the law regarding restricted
908	908	access will not apply until the person is discharged from the
909	909	jurisdiction of the court or department, as appropriate.
910	910	SECTION 4.27. Section 58.211(a), Family Code, is amended to
911	911	read as follows:
912	912	(a) If the department has notified a juvenile probation
913	913	department that a record has been placed on restricted access and
914	914	the department later receives information in the department's
915	915	criminal history system that the subject of the records has been
916	916	convicted of or placed on deferred adjudication for a felony or a
917	917	misdemeanor punishable by confinement in jail for an offense
918	918	committed after the person reached the age of 18 [17], the person's
919	919	juvenile records are no longer subject to restricted access. The
920	920	department shall notify the appropriate local juvenile probation
921	921	departments in the manner described by Section 58.203 that the
922	922	person's records are no longer subject to restricted access.
923	923	SECTION 4.28. Section 59.005(b), Family Code, is amended to
924	924	read as follows:
925	925	(b) The juvenile court or the probation department shall
926	926	discharge the child from the custody of the probation department on
927	927	the date the provisions of this section are met or on the child's
928	928	19th [18th] birthday, whichever is earlier.
929	929	SECTION 4.29. Section 59.006(b), Family Code, is amended to
930	930	read as follows:
931	931	(b) The juvenile court shall discharge the child from the
932	932	custody of the probation department on the date the provisions of
933	933	this section are met or on the child's 19th [18th] birthday,
934	934	whichever is earlier.
935	935	SECTION 4.30. Section 59.007(b), Family Code, is amended to
936	936	read as follows:
937	937	(b) The juvenile court shall discharge the child from the
938	938	custody of the probation department on the date the provisions of
939	939	this section are met or on the child's 19th [18th] birthday,
940	940	whichever is earlier.
941	941	SECTION 4.31. Section 59.008(b), Family Code, is amended to
942	942	read as follows:
943	943	(b) The juvenile court shall discharge the child from the
944	944	custody of the probation department on the date the provisions of
945	945	this section are met or on the child's 19th [18th] birthday,
946	946	whichever is earlier.
947	947	SECTION 4.32. Section 59.009(c), Family Code, is amended to
948	948	read as follows:
949	949	(c) The Texas Juvenile Justice Department, juvenile board,
950	950	or local juvenile probation department may discharge the child from
951	951	the custody of the department, board, or probation department, as
952	952	applicable, on the date the provisions of this section are met or on
953	953	the child's 20th [19th] birthday, whichever is earlier.
954	954	SECTION 4.33. Section 61.051(c), Family Code, is amended to
955	955	read as follows:
956	956	(c) The juvenile court retains jurisdiction to enter a
957	957	contempt order if the motion for enforcement is filed not later than
958	958	six months after the child's 19th [18th] birthday.
959	959	SECTION 4.34. Section 614.019(b), Health and Safety Code,
960	960	is amended to read as follows:
961	961	(b) A child with mental illness who is receiving continuity
962	962	of care services during parole from the Texas Juvenile Justice
963	963	Department and who is no longer eligible to receive services from a
964	964	local mental health authority when the child becomes 18 [17] years
965	965	of age because the child does not meet the requirements of a local
966	966	service area plan under Section 533.0352(a) may continue to receive
967	967	continuity of care services from the office until the child
968	968	completes the child's parole.
969	969	SECTION 4.35. Section 63.001(1), Human Resources Code, is
970	970	amended to read as follows:
971	971	(1) "Juvenile" means a person from the age of 10 to 20
972	972	[18] years who:
973	973	(A) has been found to have engaged in delinquent
974	974	conduct by a juvenile court; and
975	975	(B) is under the jurisdiction of the juvenile
976	976	court [of competent jurisdiction].
977	977	SECTION 4.36. Section 152.0015, Human Resources Code, is
978	978	amended to read as follows:
979	979	Sec. 152.0015. PRETRIAL DETENTION POLICY FOR CERTAIN
980	980	JUVENILES. A juvenile board shall establish a policy that
981	981	specifies whether a person who has been transferred for criminal
982	982	prosecution under Section 54.02, Family Code, and is younger than
983	983	18 [17] years of age may be detained in a juvenile facility pending
984	984	trial as provided by Section 51.12, Family Code.
985	985	SECTION 4.37. Sections 152.0016(e) and (j), Human Resources
986	986	Code, are amended to read as follows:
987	987	(e) A juvenile board or a local juvenile probation
988	988	department shall accept a person properly committed to it by a
989	989	juvenile court under Section 54.04011, Family Code, in the same
990	990	manner in which the Texas Juvenile Justice Department accepts a
991	991	person under Section 54.04(e), Family Code, even though the person
992	992	may be 18 [17] years of age or older at the time of the commitment.
993	993	(j) After a child committed to a post-adjudication secure
994	994	correctional facility with a determinate sentence under Section
995	995	54.04011(c)(2), Family Code, becomes 16 years of age but before the
996	996	child becomes 20 [19] years of age, the juvenile board or local
997	997	juvenile probation department operating or contracting for the
998	998	operation of the facility may refer the child to the juvenile court
999	999	that entered the order of commitment for approval of the child's
1000	1000	transfer to the Texas Department of Criminal Justice for
1001	1001	confinement if the child has not completed the sentence and:
1002	1002	(1) the child's conduct, regardless of whether the
1003	1003	child was released under supervision through a program established
1004	1004	by the board or department, indicates that the welfare of the
1005	1005	community requires the transfer; or
1006	1006	(2) while the child was released under supervision:
1007	1007	(A) a juvenile court adjudicated the child as
1008	1008	having engaged in delinquent conduct constituting a felony offense;
1009	1009	(B) a criminal court convicted the child of a
1010	1010	felony offense; or
1011	1011	(C) the child's release under supervision was
1012	1012	revoked.
1013	1013	SECTION 4.38. Section 201.001(a)(2), Human Resources Code,
1014	1014	is amended to read as follows:
1015	1015	(2) "Child" means an individual[:
1016	1016	[(A)] 10 years of age or older and younger than 20
1017	1017	[18] years of age who is under the jurisdiction of a juvenile
1018	1018	court[; or
1019	1019	[(B) 10 years of age or older and younger than 19
1020	1020	years of age who is committed to the department under Title 3,
1021	1021	Family Code].
1022	1022	SECTION 4.39. Section 243.001(a), Human Resources Code, is
1023	1023	amended to read as follows:
1024	1024	(a) The department may not assign a child younger than 16
1025	1025	[15] years of age to the same correctional facility dormitory as a
1026	1026	person who is at least 18 [17] years of age unless the department
1027	1027	determines that the placement is necessary to ensure the safety of
1028	1028	children in the custody of the department. This subsection does not
1029	1029	apply to a dormitory that is used exclusively for short-term
1030	1030	assessment and orientation purposes.
1031	1031	SECTION 4.40. Section 243.051(b), Human Resources Code, is
1032	1032	amended to read as follows:
1033	1033	(b) A child who is arrested or taken into custody under
1034	1034	Subsection (a) may be detained in any suitable place, including an
1035	1035	adult jail facility if the person is 18 [17] years of age or older,
1036	1036	until the child is returned to the custody of the department or
1037	1037	transported to a department facility.
1038	1038	SECTION 4.41. Section 244.014(a), Human Resources Code, is
1039	1039	amended to read as follows:
1040	1040	(a) After a child sentenced to commitment under Section
1041	1041	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]
1042	1042	years of age but before the child becomes 20 [19] years of age, the
1043	1043	department may refer the child to the juvenile court that entered
1044	1044	the order of commitment for approval of the child's transfer to the
1045	1045	Texas Department of Criminal Justice for confinement if:
1046	1046	(1) the child has not completed the sentence; and
1047	1047	(2) the child's conduct, regardless of whether the
1048	1048	child was released under supervision under Section 245.051,
1049	1049	indicates that the welfare of the community requires the transfer.
1050	1050	SECTION 4.42. Section 244.015, Human Resources Code, is
1051	1051	amended to read as follows:
1052	1052	Sec. 244.015. EVALUATION OF CERTAIN CHILDREN SERVING
1053	1053	DETERMINATE SENTENCES. (a) When a child who is sentenced to
1054	1054	commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),
1055	1055	Family Code, becomes 19 [18] years of age, the department shall
1056	1056	evaluate whether the child is in need of additional services that
1057	1057	can be completed in the six-month period after the child's 19th
1058	1058	[18th] birthday to prepare the child for release from the custody of
1059	1059	the department or transfer to the Texas Department of Criminal
1060	1060	Justice.
1061	1061	(b) This section does not apply to a child who is released
1062	1062	from the custody of the department or who is transferred to the
1063	1063	Texas Department of Criminal Justice before the child's 19th [18th]
1064	1064	birthday.
1065	1065	SECTION 4.43. Section 245.053(i), Human Resources Code, is
1066	1066	amended to read as follows:
1067	1067	(i) If the department requires as a condition of release
1068	1068	that a child attend psychological counseling under Subsection (a),
1069	1069	the department may, before the date the period of release ends,
1070	1070	petition the appropriate court to request the court to extend the
1071	1071	period of release for an additional period necessary to complete
1072	1072	the required counseling as determined by the treatment provider,
1073	1073	except that the release period may not be extended to a date after
1074	1074	the date of the child's 19th [18th] birthday.
1075	1075	SECTION 4.44. Sections 245.151(d) and (e), Human Resources
1076	1076	Code, are amended to read as follows:
1077	1077	(d) Except as provided by Subsection (e), the department
1078	1078	shall discharge from its custody a person not already discharged on
1079	1079	the person's 20th [19th] birthday.
1080	1080	(e) The department shall transfer a person who has been
1081	1081	sentenced under a determinate sentence to commitment under Section
1082	1082	54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been
1083	1083	returned to the department under Section 54.11(i)(1), Family Code,
1084	1084	to the custody of the Texas Department of Criminal Justice on the
1085	1085	person's 20th [19th] birthday, if the person has not already been
1086	1086	discharged or transferred, to serve the remainder of the person's
1087	1087	sentence on parole as provided by Section 508.156, Government Code.
1088	1088	SECTION 4.45. (a) Except as provided by Subsection (b) of
1089	1089	this section, the changes in law made by this article apply only to
1090	1090	procedures relating to conduct that occurs on or after September 1,
1091	1091	2018. Procedures relating to conduct that occurred before
1092	1092	September 1, 2018, are governed by the law in effect on the date the
1093	1093	conduct occurred, and the former law is continued in effect for that
1094	1094	purpose.
1095	1095	(b) The change in law made by this article to Section
1096	1096	58.0052, Family Code, applies to the sharing of information on or
1097	1097	after September 1, 2018, without regard to whether the information
1098	1098	was compiled before, on, or after that date.
1099	1099	(c) For purposes of this section, conduct occurred before
1100	1100	September 1, 2018, if any element of the conduct occurred before
1101	1101	that date.
1102	1102	ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL
1103	1103	RESPONSIBILITY
1104	1104	SECTION 5.01. Section 109.001(5), Business & Commerce Code,
1105	1105	is amended to read as follows:
1106	1106	(5) "Confidential criminal record information of a
1107	1107	child" means information about a person's involvement in the
1108	1108	criminal justice system resulting from conduct that occurred or was
1109	1109	alleged to occur when the person was younger than 18 [17] years of
1110	1110	age that is confidential under Chapter 45, Code of Criminal
1111	1111	Procedure, or other law. The term does not include:
1112	1112	(A) criminal record information of a person
1113	1113	certified to stand trial as an adult for that conduct, as provided
1114	1114	by Section 54.02, Family Code; or
1115	1115	(B) information relating to a traffic offense.
1116	1116	SECTION 5.02. Section 65.251(b), Family Code, is amended to
1117	1117	read as follows:
1118	1118	(b) If a child fails to obey an order issued by a truancy
1119	1119	court under Section 65.103(a) or a child is in direct contempt of
1120	1120	court and the child has failed to obey an order or has been found in
1121	1121	direct contempt of court on two or more previous occasions, the
1122	1122	truancy court, after providing notice and an opportunity for a
1123	1123	hearing, may refer the child to the juvenile probation department
1124	1124	as a request for truancy intervention, unless the child failed to
1125	1125	obey the truancy court order or was in direct contempt of court
1126	1126	while 18 [17] years of age or older.
1127	1127	SECTION 5.03. Section 79.001(10), Government Code, is
1128	1128	amended to read as follows:
1129	1129	(10) "Juvenile offense" means conduct committed by a
1130	1130	person while younger than 18 [17] years of age that constitutes:
1131	1131	(A) a misdemeanor punishable by confinement; or
1132	1132	(B) a felony.
1133	1133	SECTION 5.04. Section 511.009(a), Government Code, as
1134	1134	amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.
1135	1135	634), Acts of the 84th Legislature, Regular Session, 2015, is
1136	1136	reenacted and amended to read as follows:
1137	1137	(a) The commission shall:
1138	1138	(1) adopt reasonable rules and procedures
1139	1139	establishing minimum standards for the construction, equipment,
1140	1140	maintenance, and operation of county jails;
1141	1141	(2) adopt reasonable rules and procedures
1142	1142	establishing minimum standards for the custody, care, and treatment
1143	1143	of prisoners;
1144	1144	(3) adopt reasonable rules establishing minimum
1145	1145	standards for the number of jail supervisory personnel and for
1146	1146	programs and services to meet the needs of prisoners;
1147	1147	(4) adopt reasonable rules and procedures
1148	1148	establishing minimum requirements for programs of rehabilitation,
1149	1149	education, and recreation in county jails;
1150	1150	(5) revise, amend, or change rules and procedures if
1151	1151	necessary;
1152	1152	(6) provide to local government officials
1153	1153	consultation on and technical assistance for county jails;
1154	1154	(7) review and comment on plans for the construction
1155	1155	and major modification or renovation of county jails;
1156	1156	(8) require that the sheriff and commissioners of each
1157	1157	county submit to the commission, on a form prescribed by the
1158	1158	commission, an annual report on the conditions in each county jail
1159	1159	within their jurisdiction, including all information necessary to
1160	1160	determine compliance with state law, commission orders, and the
1161	1161	rules adopted under this chapter;
1162	1162	(9) review the reports submitted under Subdivision (8)
1163	1163	and require commission employees to inspect county jails regularly
1164	1164	to ensure compliance with state law, commission orders, and rules
1165	1165	and procedures adopted under this chapter;
1166	1166	(10) adopt a classification system to assist sheriffs
1167	1167	and judges in determining which defendants are low-risk and
1168	1168	consequently suitable participants in a county jail work release
1169	1169	program under Article 42.034, Code of Criminal Procedure;
1170	1170	(11) adopt rules relating to requirements for
1171	1171	segregation of classes of inmates and to capacities for county
1172	1172	jails;
1173	1173	(12) require that the chief jailer of each municipal
1174	1174	lockup submit to the commission, on a form prescribed by the
1175	1175	commission, an annual report of persons under 18 [17] years of age
1176	1176	securely detained in the lockup, including all information
1177	1177	necessary to determine compliance with state law concerning secure
1178	1178	confinement of children in municipal lockups;
1179	1179	(13) at least annually determine whether each county
1180	1180	jail is in compliance with the rules and procedures adopted under
1181	1181	this chapter;
1182	1182	(14) require that the sheriff and commissioners court
1183	1183	of each county submit to the commission, on a form prescribed by the
1184	1184	commission, an annual report of persons under 18 [17] years of age
1185	1185	securely detained in the county jail, including all information
1186	1186	necessary to determine compliance with state law concerning secure
1187	1187	confinement of children in county jails;
1188	1188	(15) schedule announced and unannounced inspections
1189	1189	of jails under the commission's jurisdiction using the risk
1190	1190	assessment plan established under Section 511.0085 to guide the
1191	1191	inspections process;
1192	1192	(16) adopt a policy for gathering and distributing to
1193	1193	jails under the commission's jurisdiction information regarding:
1194	1194	(A) common issues concerning jail
1195	1195	administration;
1196	1196	(B) examples of successful strategies for
1197	1197	maintaining compliance with state law and the rules, standards, and
1198	1198	procedures of the commission; and
1199	1199	(C) solutions to operational challenges for
1200	1200	jails;
1201	1201	(17) report to the Texas Correctional Office on
1202	1202	Offenders with Medical or Mental Impairments on a jail's compliance
1203	1203	with Article 16.22, Code of Criminal Procedure;
1204	1204	(18) adopt reasonable rules and procedures
1205	1205	establishing minimum requirements for jails to:
1206	1206	(A) determine if a prisoner is pregnant; and
1207	1207	(B) ensure that the jail's health services plan
1208	1208	addresses medical and mental health care, including nutritional
1209	1209	requirements, and any special housing or work assignment needs for
1210	1210	persons who are confined in the jail and are known or determined to
1211	1211	be pregnant;
1212	1212	(19) provide guidelines to sheriffs regarding
1213	1213	contracts between a sheriff and another entity for the provision of
1214	1214	food services to or the operation of a commissary in a jail under
1215	1215	the commission's jurisdiction, including specific provisions
1216	1216	regarding conflicts of interest and avoiding the appearance of
1217	1217	impropriety; [and]
1218	1218	(20) adopt reasonable rules and procedures
1219	1219	establishing minimum standards for prisoner visitation that
1220	1220	provide each prisoner at a county jail with a minimum of two
1221	1221	in-person, noncontact visitation periods per week of at least 20
1222	1222	minutes duration each;
1223	1223	(21) [(20)] require the sheriff of each county to:
1224	1224	(A) investigate and verify the veteran status of
1225	1225	each prisoner by using data made available from the Veterans
1226	1226	Reentry Search Service (VRSS) operated by the United States
1227	1227	Department of Veterans Affairs or a similar service; and
1228	1228	(B) use the data described by Paragraph (A) to
1229	1229	assist prisoners who are veterans in applying for federal benefits
1230	1230	or compensation for which the prisoners may be eligible under a
1231	1231	program administered by the United States Department of Veterans
1232	1232	Affairs; and
1233	1233	(22) [(20)] adopt reasonable rules and procedures
1234	1234	regarding visitation of a prisoner at a county jail by a guardian,
1235	1235	as defined by Section 1002.012, Estates Code, that:
1236	1236	(A) allow visitation by a guardian to the same
1237	1237	extent as the prisoner's next of kin, including placing the
1238	1238	guardian on the prisoner's approved visitors list on the guardian's
1239	1239	request and providing the guardian access to the prisoner during a
1240	1240	facility's standard visitation hours if the prisoner is otherwise
1241	1241	eligible to receive visitors; and
1242	1242	(B) require the guardian to provide the sheriff
1243	1243	with letters of guardianship issued as provided by Section
1244	1244	1106.001, Estates Code, before being allowed to visit the prisoner.
1245	1245	SECTION 5.05. Section 351.903(a), Local Government Code, is
1246	1246	amended to read as follows:
1247	1247	(a) To provide for the public safety, the commissioners
1248	1248	court of a county by order may adopt a curfew to regulate the
1249	1249	movements or actions of persons under 18 [17] years of age during
1250	1250	the period beginning one-half hour after sunset and extending until
1251	1251	one-half hour before sunrise or during school hours, or both. The
1252	1252	order applies only to the unincorporated area of the county.
1253	1253	SECTION 5.06. Section 521.201, Transportation Code, is
1254	1254	amended to read as follows:
1255	1255	Sec. 521.201. LICENSE INELIGIBILITY IN GENERAL. The
1256	1256	department may not issue any license to a person who:
1257	1257	(1) is under 15 years of age;
1258	1258	(2) is under 18 years of age unless the person complies
1259	1259	with the requirements imposed by Section 521.204;
1260	1260	(3) is shown to be addicted to the use of alcohol, a
1261	1261	controlled substance, or another drug that renders a person
1262	1262	incapable of driving;
1263	1263	(4) holds a driver's license issued by this state or
1264	1264	another state or country that is revoked, canceled, or under
1265	1265	suspension;
1266	1266	(5) has been determined by a judgment of a court to be
1267	1267	totally incapacitated or incapacitated to act as the operator of a
1268	1268	motor vehicle unless the person has, by the date of the license
1269	1269	application, been:
1270	1270	(A) restored to capacity by judicial decree; or
1271	1271	(B) released from a hospital for the mentally
1272	1272	incapacitated on a certificate by the superintendent or
1273	1273	administrator of the hospital that the person has regained
1274	1274	capacity;
1275	1275	(6) the department determines to be afflicted with a
1276	1276	mental or physical disability or disease that prevents the person
1277	1277	from exercising reasonable and ordinary control over a motor
1278	1278	vehicle while operating the vehicle on a highway, except that a
1279	1279	person may not be refused a license because of a physical defect if
1280	1280	common experience shows that the defect does not incapacitate a
1281	1281	person from safely operating a motor vehicle;
1282	1282	(7) has been reported by a court under Section
1283	1283	521.3452 for failure to appear unless the court has filed an
1284	1284	additional report on final disposition of the case; or
1285	1285	(8) has been reported by a court for failure to appear
1286	1286	or default in payment of a fine for a misdemeanor that is not
1287	1287	covered under Subdivision (7) and that is punishable by a fine only,
1288	1288	including a misdemeanor under a municipal ordinance, committed by a
1289	1289	person who was under 18 [17] years of age at the time of the alleged
1290	1290	offense, unless the court has filed an additional report on final
1291	1291	disposition of the case.
1292	1292	SECTION 5.07. Section 521.294, Transportation Code, is
1293	1293	amended to read as follows:
1294	1294	Sec. 521.294. DEPARTMENT'S DETERMINATION FOR LICENSE
1295	1295	REVOCATION. The department shall revoke the person's license if
1296	1296	the department determines that the person:
1297	1297	(1) is incapable of safely operating a motor vehicle;
1298	1298	(2) has not complied with the terms of a citation
1299	1299	issued by a jurisdiction that is a party to the Nonresident Violator
1300	1300	Compact of 1977 for a traffic violation to which that compact
1301	1301	applies;
1302	1302	(3) has failed to provide medical records or has
1303	1303	failed to undergo medical or other examinations as required by a
1304	1304	panel of the medical advisory board;
1305	1305	(4) has failed to pass an examination required by the
1306	1306	director under this chapter;
1307	1307	(5) has been reported by a court under Section
1308	1308	521.3452 for failure to appear unless the court files an additional
1309	1309	report on final disposition of the case;
1310	1310	(6) has been reported within the preceding two years
1311	1311	by a justice or municipal court for failure to appear or for a
1312	1312	default in payment of a fine for a misdemeanor punishable only by
1313	1313	fine, other than a failure reported under Section 521.3452,
1314	1314	committed by a person who is at least 14 years of age but younger
1315	1315	than 18 [17] years of age when the offense was committed, unless the
1316	1316	court files an additional report on final disposition of the case;
1317	1317	or
1318	1318	(7) has committed an offense in another state or
1319	1319	Canadian province that, if committed in this state, would be
1320	1320	grounds for revocation.
1321	1321	SECTION 5.08. Section 109.001(5), Business & Commerce Code,
1322	1322	and Sections 521.201 and 521.294, Transportation Code, as amended
1323	1323	by this article, apply only to an offense committed on or after
1324	1324	September 1, 2018. An offense committed before September 1, 2018,
1325	1325	is governed by the law in effect on the date the offense was
1326	1326	committed, and the former law is continued in effect for that
1327	1327	purpose. For purposes of this section, an offense was committed
1328	1328	before September 1, 2018, if any element of the offense occurred
1329	1329	before that date.
1330	1330	ARTICLE 6. ADVISORY COMMITTEE
1331	1331	SECTION 6.01. ADVISORY COMMITTEE ON IMPLEMENTATION. (a)
1332	1332	Not later than December 1, 2017, the Texas Juvenile Justice Board
1333	1333	shall appoint an advisory committee to monitor and evaluate
1334	1334	implementation of this Act.
1335	1335	(b) In making appointments to the advisory committee, the
1336	1336	board shall include members who are interested parties, including:
1337	1337	(1) the executive director of the Texas Juvenile
1338	1338	Justice Department or the executive director's designee;
1339	1339	(2) the director of probation services of the Texas
1340	1340	Juvenile Justice Department or the director's designee;
1341	1341	(3) the executive commissioner of the Health and Human
1342	1342	Services Commission or the executive commissioner's designee;
1343	1343	(4) one representative of county commissioners courts
1344	1344	appointed by the board;
1345	1345	(5) two juvenile court judges appointed by the board;
1346	1346	(6) seven chief juvenile probation officers appointed
1347	1347	by the board as provided by Subsection (c) of this section;
1348	1348	(7) juvenile prosecutors;
1349	1349	(8) juvenile defense attorneys;
1350	1350	(9) juvenile justice advocates; and
1351	1351	(10) individuals who were adjudicated for juvenile
1352	1352	offenses in this state or who were prosecuted as adults for offenses
1353	1353	committed when they were 17 years old, or their family members.
1354	1354	(c) The board shall appoint to the advisory council one
1355	1355	chief juvenile probation officer from each regional chiefs
1356	1356	association in this state from a list of nominees submitted to the
1357	1357	board by each regional chiefs association. To the greatest extent
1358	1358	practicable, a regional chiefs association shall include in the
1359	1359	association's list of nominees:
1360	1360	(1) one chief juvenile probation officer of a juvenile
1361	1361	probation department serving a county with a population that
1362	1362	includes fewer than 7,500 persons younger than 18 years of age;
1363	1363	(2) one chief juvenile probation officer of a juvenile
1364	1364	probation department serving a county with a population that
1365	1365	includes at least 7,500 but fewer than 80,000 persons younger than
1366	1366	18 years of age; and
1367	1367	(3) one chief juvenile probation officer of a juvenile
1368	1368	probation department serving a county with a population that
1369	1369	includes 80,000 or more persons younger than 18 years of age.
1370	1370	(d) The board shall designate one of the members as
1371	1371	presiding officer of the advisory committee.
1372	1372	(e) The advisory committee shall assist the Texas Juvenile
1373	1373	Justice Department in evaluating and monitoring the implementation
1374	1374	of this Act, which includes determining the needs and problems of
1375	1375	county juvenile boards and probation departments, and offer
1376	1376	recommendations to meet identified needs and problems.
1377	1377	(f) Members of the advisory committee serve without
1378	1378	compensation and are not entitled to reimbursement for expenses.
1379	1379	(g) The advisory committee is not subject to Chapter 2110,
1380	1380	Government Code.
1381	1381	(h) The advisory committee is abolished and this article
1382	1382	expires June 1, 2019.
1383	1383	ARTICLE 7. TRANSITION AND EFFECTIVE DATES
1384	1384	SECTION 7.01. To the extent of any conflict, this Act
1385	1385	prevails over another Act of the 85th Legislature, Regular Session,
1386	1386	2017, relating to nonsubstantive additions to and corrections in
1387	1387	enacted codes.
1388	1388	SECTION 7.02. (a) Except as provided by Subsection (b) of
1389	1389	this section, this Act takes effect September 1, 2018.
1390	1390	(b) Article 6 of this Act takes effect September 1, 2017.