89R11185 CJD-F
By: Orr H.B. No. 5113
A BILL TO BE ENTITLED
AN ACT
relating to the age at which a child on determinate sentence
probation may be transferred to a district court and placed on
community supervision.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 54.051(a), (d), and (e-2), Family Code,
are amended to read as follows:
(a) On motion of the state concerning a child who is placed
on probation under Section 54.04(q), the juvenile court:
(1) may, if the child is placed on probation for a
period, including any extension ordered under Section 54.05, that
will continue or has continued after the child's 18th birthday,
hold a hearing to determine whether to transfer the child to an
appropriate district court; or
(2) shall, if the child is placed on probation for a
period, including any extension ordered under Section 54.05, that
will continue after the child's 19th birthday, [the juvenile court
shall] hold a hearing to determine whether to transfer the child to
an appropriate district court or discharge the child from the
sentence of probation.
(d) If, after a hearing, the court determines to transfer
the child, the court shall transfer the child to an appropriate
district court after the child's 18th birthday but not later than on
the child's 19th birthday.
(e-2) If a person who is placed on community supervision
under this section violates a condition of that supervision or if
the person violated a condition of probation ordered under Section
54.04(q) and that probation violation was not discovered by the
state before the date on which the person is transferred to an
appropriate district court under Subsection (d) [person's 19th
birthday], the district court shall dispose of the violation of
community supervision or probation, as appropriate, in the same
manner as if the court had originally exercised jurisdiction over
the case. If the judge revokes community supervision, the judge may
reduce the prison sentence to any length without regard to the
minimum term imposed by Article 42A.755(a), Code of Criminal
Procedure.
SECTION 2. Section 54.051, Family Code, as amended by this
Act, applies only to conduct that occurs on or after the effective
date of this Act. Conduct that occurs before the effective date of
this Act is governed by the law in effect when the conduct occurred,
and the former law is continued in effect for that purpose. For
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurs before that date.
SECTION 3. This Act takes effect September 1, 2025.