87R21307 LHC-D
By: Neave, Wu H.B. No. 3994
Substitute the following for H.B. No. 3994:
By: Ramos C.S.H.B. No. 3994
A BILL TO BE ENTITLED
AN ACT
relating to the modification of a disposition by a juvenile court
after a child's violation of a condition of probation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.05, Family Code, is amended by adding
Subsections (n) and (o) to read as follows:
(n) If a court finds after a hearing to modify disposition
that a child violated a condition of probation by engaging in
conduct that does not violate a penal law of this state, the court
may not modify the disposition by ordering the placement of the
child in a juvenile facility solely because of the violation
unless:
(1) the conduct indicates that the child may be
dangerous to the child's self or may threaten the safety of the
public; or
(2) the placement is in a facility specifically
designated to treat a diagnosed condition, including:
(A) a residential treatment center;
(B) a chemical dependency treatment facility
licensed under Chapter 464, Health and Safety Code; or
(C) a facility where the child is treated by a sex
offender treatment provider.
(o) In this section:
(1) "Residential treatment center" means a general
residential operation that:
(A) provides care for 13 or more children or
young adults; and
(B) exclusively provides treatment services for
children or young adults with emotional disorders.
(2) "Sex offender treatment provider" has the meaning
assigned by Section 110.001, Occupations Code.
SECTION 2. The change in law made by this Act applies only
to conduct that occurs on or after September 1, 2021. Conduct that
occurred before September 1, 2021, is governed by the law in effect
on the date the conduct occurred, and the former law is continued in
effect for that purpose. For purposes of this section, conduct
occurred before September 1, 2021, if any element of the conduct
occurred before that date.
SECTION 3. This Act takes effect September 1, 2021.