Bill Text: TX SB1887 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to jurisdiction over certain child protection and juvenile matters involving juvenile offenders.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB1887 Detail]
Download: Texas-2019-SB1887-Enrolled.html
| S.B. No. 1887 | ||
|
|
||
| relating to jurisdiction over certain child protection and juvenile | ||
| matters involving juvenile offenders. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 51.04, Family Code, is amended by | ||
| amending Subsection (a) and adding Subsection (h) to read as | ||
| follows: | ||
| (a) This title covers the proceedings in all cases involving | ||
| the delinquent conduct or conduct indicating a need for supervision | ||
| engaged in by a person who was a child within the meaning of this | ||
| title at the time the person engaged in the conduct, and, except as | ||
| provided by Subsection (h) or Section 51.0414, the juvenile court | ||
| has exclusive original jurisdiction over proceedings under this | ||
| title. | ||
| (h) A judge exercising jurisdiction over a child in a suit | ||
| instituted under Subtitle E, Title 5, may refer any aspect of a suit | ||
| involving the child that is instituted under this title to the | ||
| appropriate associate judge appointed under Subchapter C, Chapter | ||
| 201, serving in the county and exercising jurisdiction over the | ||
| child under Subtitle E, Title 5, if the associate judge consents to | ||
| the referral. The scope of an associate judge's authority over a | ||
| suit referred under this subsection is subject to any limitations | ||
| placed by the court judge in the order of referral. | ||
| SECTION 2. Chapter 51, Family Code, is amended by adding | ||
| Section 51.0414 to read as follows: | ||
| Sec. 51.0414. DISCRETIONARY TRANSFER TO COMBINE | ||
| PROCEEDINGS. (a) The juvenile court may transfer a child's case, | ||
| including transcripts of records and documents for the case, to a | ||
| district or statutory county court located in another county that | ||
| is exercising jurisdiction over the child in a suit instituted | ||
| under Subtitle E, Title 5. A case may only be transferred under | ||
| this section with the consent of the judge of the court to which the | ||
| case is being transferred. | ||
| (b) Notwithstanding Section 51.04, a district or statutory | ||
| county court to which a case is transferred under this section has | ||
| jurisdiction over the transferred case regardless of whether the | ||
| court is a designated juvenile court or alternative juvenile court | ||
| in the county. | ||
| (c) If the court exercising jurisdiction over the child | ||
| under Subtitle E, Title 5, consents to a transfer under this | ||
| section, the juvenile court shall file the transfer order with the | ||
| clerk of the transferring court. On receipt and without a hearing | ||
| or further order from the juvenile court, the clerk of the | ||
| transferring court shall transfer the files, including transcripts | ||
| of records and documents for the case as soon as practicable but not | ||
| later than the 10th day after the date an order of transfer is | ||
| filed. | ||
| (d) On receipt of the pleadings, documents, and orders from | ||
| the transferring court, the clerk of the receiving court shall | ||
| notify the judge of the receiving court, all parties, and the clerk | ||
| of the transferring court. | ||
| SECTION 3. Section 201.204, Family Code, is amended by | ||
| adding Subsection (e) to read as follows: | ||
| (e) An associate judge may hear and render an order in a suit | ||
| referred to the associate judge by a juvenile court under Section | ||
| 51.04, subject to the limitations placed on the associate judge's | ||
| authority in the order of referral. | ||
| SECTION 4. The changes in law made by this Act apply 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 on the date the conduct occurred, and | ||
| the former law is continued in effect for that purpose. For the | ||
| purposes of this section, conduct occurred before the effective | ||
| date of this Act if any element of the conduct occurred before that | ||
| date. | ||
| SECTION 5. This Act takes effect September 1, 2019. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 1887 passed the Senate on | ||
| April 11, 2019, by the following vote: Yeas 31, Nays 0; and that | ||
| the Senate concurred in House amendment on May 23, 2019, by the | ||
| following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 1887 passed the House, with | ||
| amendment, on May 17, 2019, by the following vote: Yeas 147, | ||
| Nays 0, two present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
