89R16301 CJD-D
By: Hickland H.B. No. 4631
A BILL TO BE ENTITLED
AN ACT
relating to the preliminary investigation conducted when a child is
referred to juvenile court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 53.01(a) and (b-1), Family Code, are
amended to read as follows:
(a) On referral of a person believed to be a child or on
referral of the person's case to the office or official designated
by the juvenile board, the intake officer, probation officer, or
other person authorized by the board shall forward the case to a
juvenile court to conduct a preliminary investigation to determine
whether:
(1) the person referred to juvenile court is a child
within the meaning of this title; and
(2) there is probable cause to believe the person:
(A) engaged in delinquent conduct or conduct
indicating a need for supervision; or
(B) is a nonoffender who has been taken into
custody and is being held solely for deportation out of the United
States.
(b-1) The juvenile court that [person who] is conducting the
preliminary investigation shall, as appropriate, refer the child's
case to a community resource coordination group, a local-level
interagency staffing group, or other community juvenile service
provider for services under Section 53.011, if the court [person]
determines that:
(1) the child is younger than 12 years of age;
(2) there is probable cause to believe the child
engaged in delinquent conduct or conduct indicating a need for
supervision;
(3) the child's case does not require referral to the
prosecuting attorney under Subsection (d) or (f);
(4) the child is eligible for deferred prosecution
under Section 53.03; and
(5) the child and the child's family are not currently
receiving services under Section 53.011 and would benefit from
receiving the services.
SECTION 2. Section 52.04(c), Family Code, is repealed.
SECTION 3. This Act takes effect September 1, 2025.