reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.001. Purposes

Sec. 59.001.  PURPOSES.  The purposes of the progressive sanctions model are to:
(1)  ensure that juvenile offenders face uniform and consistent consequences and punishments that correspond to the seriousness of each offender's current offense, prior delinquent history, special treatment or training needs, and effectiveness of prior interventions;
(2)  balance public protection and rehabilitation while holding juvenile offenders accountable;
(3)  permit flexibility in the decisions made in relation to the juvenile offender to the extent allowed by law;
(4)  consider the juvenile offender's circumstances;
(5)  recognize that departure of a disposition from this model is not necessarily undesirable and in some cases is highly desirable;  and
(6)  improve juvenile justice planning and resource allocation by ensuring uniform and consistent reporting of disposition decisions at all levels.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 2003, 78th Leg., ch. 479, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.002. Sanction Level Assignment by Probation Department

Sec. 59.002.  SANCTION LEVEL ASSIGNMENT BY PROBATION DEPARTMENT.  (a)  The probation department may assign a sanction level of one to a child referred to the probation department under Section 53.012.
(b)  The probation department may assign a sanction level of two to a child for whom deferred prosecution is authorized under Section 53.03.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.004. Sanction Level One

Sec. 59.004.  SANCTION LEVEL ONE.  (a)  For a child at sanction level one, the juvenile court or probation department may:
(1)  require counseling for the child regarding the child's conduct;
(2)  inform the child of the progressive sanctions that may be imposed on the child if the child continues to engage in delinquent conduct or conduct indicating a need for supervision;
(3)  inform the child's parents or guardians of the parents' or guardians' responsibility to impose reasonable restrictions on the child to prevent the conduct from recurring;
(4)  provide information or other assistance to the child or the child's parents or guardians in securing needed social services;
(5)  require the child or the child's parents or guardians to participate in a program for services under Section 137.152, Human Resources Code, if a program under Section 137.152 is available to the child or the child's parents or guardians;
(6)  refer the child to a community-based citizen intervention program approved by the juvenile court;
(7)  release the child to the child's parents or guardians; and
(8)  require the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.
(b)  The probation department shall discharge the child from the custody of the probation department after the provisions of this section are met.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 23, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 20, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 9, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.005. Sanction Level Two

Sec. 59.005.  SANCTION LEVEL TWO.  (a)  For a child at sanction level two, the juvenile court, the prosecuting attorney, or the probation department may, as provided by Section 53.03:
(1)  place the child on deferred prosecution for not less than three months or more than six months;
(2)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
(3)  require the child's parents or guardians to identify restrictions the parents or guardians will impose on the child's activities and requirements the parents or guardians will set for the child's behavior;
(4)  provide the information required under Sections 59.004(a)(2) and (4);
(5)  require the child or the child's parents or guardians to participate in a program for services under Section 137.152, Human Resources Code, if a program under Section 137.152 is available to the child or the child's parents or guardians;
(6)  refer the child to a community-based citizen intervention program approved by the juvenile court; and
(7)  if appropriate, impose additional conditions of probation.
(b)  The juvenile court or the probation department shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 24, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1477, Sec. 21, eff. Sept. 1, 1999.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1033 (S.B. 24), Sec. 10, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.006. Sanction Level Three

Sec. 59.006.  SANCTION LEVEL THREE.  (a)  For a child at sanction level three, the juvenile court may:
(1)  place the child on probation for not less than six months;
(2)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
(3)  impose specific restrictions on the child's activities and requirements for the child's behavior as conditions of probation;
(4)  require a probation officer to closely monitor the child's activities and behavior;
(5)  require the child or the child's parents or guardians to participate in programs or services designated by the court or probation officer;  and
(6)  if appropriate, impose additional conditions of probation.
(b)  The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 25, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 479, Sec. 6, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.007. Sanction Level Four

Sec. 59.007.  SANCTION LEVEL FOUR.  (a)  For a child at sanction level four, the juvenile court may:
(1)  require the child to participate as a condition of probation for not less than three months or more than 12 months in an intensive services probation program that emphasizes frequent contact and reporting with a probation officer, discipline, intensive supervision services, social responsibility, and productive work;
(2)  after release from the program described by Subdivision (1), continue the child on probation supervision;
(3)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
(4)  impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation;
(5)  require a probation officer to closely monitor the child;
(6)  require the child or the child's parents or guardians to participate in programs or services designed to address their particular needs and circumstances;  and
(7)  if appropriate, impose additional sanctions.
(b)  The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 26, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1297, Sec. 43, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 479, Sec. 7, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.008. Sanction Level Five

Sec. 59.008.  SANCTION LEVEL FIVE.  (a)  For a child at sanction level five, the juvenile court may:
(1)  as a condition of probation, place the child for not less than six months or more than 12 months in a post-adjudication secure correctional facility;
(2)  after release from the program described by Subdivision (1), continue the child on probation supervision;
(3)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability;
(4)  impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of probation;
(5)  require a probation officer to closely monitor the child;
(6)  require the child or the child's parents or guardians to participate in programs or services designed to address their particular needs and circumstances;  and
(7)  if appropriate, impose additional sanctions.
(b)  The juvenile court shall discharge the child from the custody of the probation department on the date the provisions of this section are met or on the child's 18th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 27, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 479, Sec. 8, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.009. Sanction Level Six

Sec. 59.009.  SANCTION LEVEL SIX.  (a)  For a child at sanction level six, the juvenile court may commit the child to the custody of the Texas Juvenile Justice Department or a post-adjudication secure correctional facility under Section 54.04011(c)(1).  The department, juvenile board, or local juvenile probation department, as applicable, may:
(1)  require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than nine months or more than 24 months unless the department, board, or probation department extends the period and the reason for an extension is documented;
(2)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of the harm caused and according to the child's ability, if there is a victim of the child's conduct;
(3)  require the child and the child's parents or guardians to participate in programs and services for their particular needs and circumstances; and
(4)  if appropriate, impose additional sanctions.
(b)  On release of the child under supervision, the Texas Juvenile Justice Department parole programs or the juvenile board or local juvenile probation department operating parole programs under Section 152.0016(c)(2), Human Resources Code, may:
(1)  impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
(2)  require a parole officer to closely monitor the child for not less than six months; and
(3)  if appropriate, impose any other conditions of supervision.
(c)  The Texas Juvenile Justice Department, juvenile board, or local juvenile probation department may discharge the child from the custody of the department, board, or probation department, as applicable, on the date the provisions of this section are met or on the child's 19th birthday, whichever is earlier.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 28, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 7, eff. December 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.010. Sanction Level Seven

Sec. 59.010.  SANCTION LEVEL SEVEN.  (a)  For a child at sanction level seven, the juvenile court may certify and transfer the child under Section 54.02 or sentence the child to commitment to the Texas Juvenile Justice Department under Section 54.04(d)(3), 54.04(m), or 54.05(f) or to a post-adjudication secure correctional facility under Section 54.04011(c)(2).  The department, juvenile board, or local juvenile probation department, as applicable, may:
(1)  require the child to participate in a highly structured residential program that emphasizes discipline, accountability, fitness, training, and productive work for not less than 12 months or more than 10 years unless the department, board, or probation department extends the period and the reason for the extension is documented;
(2)  require the child to make restitution to the victim of the child's conduct or perform community service restitution appropriate to the nature and degree of harm caused and according to the child's ability, if there is a victim of the child's conduct;
(3)  require the child and the child's parents or guardians to participate in programs and services for their particular needs and circumstances; and
(4)  impose any other appropriate sanction.
(b)  On release of the child under supervision, the Texas Juvenile Justice Department parole programs or the juvenile board or local juvenile probation department parole programs under Section 152.0016(c)(2), Human Resources Code, may:
(1)  impose highly structured restrictions on the child's activities and requirements for behavior of the child as conditions of release under supervision;
(2)  require a parole officer to monitor the child closely for not less than 12 months; and
(3)  impose any other appropriate condition of supervision.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 29, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1323 (S.B. 511), Sec. 8, eff. December 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.011. Duty of Juvenile Board

Sec. 59.011.  DUTY OF JUVENILE BOARD.  A juvenile board shall require the juvenile probation department to report progressive sanction data electronically to the Texas Juvenile Justice Department in the format and time frames specified by the Texas Juvenile Justice Department.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 2001, 77th Leg., ch. 1297, Sec. 44, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 74, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.013. Liability

Sec. 59.013.  LIABILITY.  The Texas Juvenile Justice Department, a juvenile board, a court, a person appointed by a court, an attorney for the state, a peace officer, or a law enforcement agency is not liable for a failure or inability to provide a service listed under Sections 59.004-59.010.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 75, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.014. Appeal

Sec. 59.014.  APPEAL.  A child may not bring an appeal or a postconviction writ of habeas corpus based on:
(1)  the failure or inability of any person to provide a service listed under Sections 59.004-59.010;
(2)  the failure of a court or of any person to make a sanction level assignment as provided in Section 59.002 or 59.003;
(3)  a departure from the sanction level assignment model provided by this chapter;  or
(4)  the failure of a juvenile court or probation department to report a departure from the model.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.  Amended by Acts 1999, 76th Leg., ch. 1011, Sec. 1, eff. Sept. 1, 1999;  Acts 1999, 76th Leg., ch. 1477, Sec. 22, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 479, Sec. 10, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 59 - Progressive Sanctions Model › Section 59.015. Waiver of Sanctions on Parents or Guardians

Sec. 59.015.  WAIVER OF SANCTIONS ON PARENTS OR GUARDIANS.  On a finding by the juvenile court or probation department that a child's parents or guardians have made a reasonable good faith effort to prevent the child from engaging in delinquent conduct or engaging in conduct indicating a need for supervision and that, despite the parents' or guardians' efforts, the child continues to engage in such conduct, the court or probation department shall waive any sanction that may be imposed on the parents or guardians at any sanction level.
Added by Acts 1995, 74th Leg., ch. 262, Sec. 53, eff. Jan. 1, 1996.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article V. › Section A.

Sec. A.  Bylaws
1.  The Interstate Commission shall, by a majority of the members present and voting, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:
a.  Establishing the fiscal year of the Interstate Commission;
b.  Establishing an executive committee and such other committees as may be necessary;
c.  Providing for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;
d.  Providing reasonable procedures for calling and conducting meetings of the Interstate Commission and ensuring reasonable notice of each such meeting;
e.  Establishing the titles and responsibilities of the officers of the Interstate Commission;
f.  Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;
g.  Providing start-up rules for initial administration of the compact; and
h.  Establishing standards and procedures for compliance and technical assistance in carrying out the compact.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article V. › Section B.

Sec. B.  Officers and Staff
1.  The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws.  The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission.  The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.
2.  The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate.  The executive director shall serve as secretary to the Interstate Commission, but shall not be a member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article V. › Section C.

Sec. C.  Qualified Immunity, Defense, and Indemnification
1.  The Interstate Commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities, provided that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of any such person.
2.  The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents.  Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or wilful and wanton misconduct of any such person.
3.  The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the attorney general of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such person.
4.  The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or wilful and wanton misconduct on the part of such persons.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article VI.

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION
A.  The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.
B.  Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court.  All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.
C.  When promulgating a rule, the Interstate Commission shall, at a minimum:
1.  Publish the proposed rule's entire text stating the reason or reasons for that proposed rule;
2.  Allow and invite persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and be made publicly available;
3.  Provide an opportunity for an informal hearing, if petitioned by 10 or more persons; and
4.  Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.
D.  Allow, not later than 60 days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission's principal office is located for judicial review of the rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.  For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.
E.  If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.
F.  The existing rules governing the operation of the Interstate Compact on Juveniles superceded by this Act shall be null and void 12 months after the first meeting of the Interstate Commission created under this compact.
G.  Upon determination by the Interstate Commission that an emergency exists, the Interstate Commission may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article VII. › Section A.

Sec. A.  Oversight
1.  The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states.
2.  The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules.  All courts shall take judicial notice of the compact and the rules.  In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article VII. › Section B.

Sec. B.  Dispute Resolution
1.  The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.
2.  The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and noncompacting states.  The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.
3.  The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article X of this compact.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article VIII.

FINANCE
A.  The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.
B.  The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state.  The Interstate Commission shall promulgate a rule binding upon all compacting states that governs said assessment.
C.  The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same, nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.
D.  The Interstate Commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article IX.

COMPACTING STATES, EFFECTIVE DATE, AND AMENDMENT
A.  Any state, as defined in Article II of this compact, is eligible to become a compacting state.
B.  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states.  The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction.  Thereafter, the compact shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state.  The governors of noncompacting states or their designees shall be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states.
C.  The Interstate Commission may propose amendments to the compact for enactment by the compacting states.  No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article X. › Section A.

Sec. A. Withdrawal
1.  Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.
2.  The effective date of withdrawal is the effective date of the repeal.
3.  The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.  The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof.
4.  The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.
5.  Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article X. › Section B.

Sec. B.  Technical Assistance, Fines, Suspension, Termination, and Default
1.  If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:
a.  Remedial training and technical assistance as directed by the Interstate Commission;
b.  Alternative dispute resolution;
c.  Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and
d.  Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has determined that the offending state is in default. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or the chief judicial officer of the state, and the majority and minority leaders of the defaulting state's legislature. The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws or duly promulgated rules, and any other grounds designated in commission bylaws and rules.  The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default.  The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default.  If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination.
2.  Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer of the state, and the majority and minority leaders of the defaulting state's legislature of such termination.
3.  The defaulting state is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.
4.  The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.
5.  Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article X. › Section C.

Sec. C.  Judicial Enforcement
The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default.  In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article X. › Section D.

Sec. D.  Dissolution of Compact
1.  The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.
2.  Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article XI.

SEVERABILITY AND CONSTRUCTION
A.  The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.
B.  The provisions of this compact shall be liberally construed to effectuate its purposes.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article XII. › Section A.

Sec. A.  Other Laws
1.  Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.
2.  All compacting states' laws other than state constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article XII. › Section B.

Sec. B.  Binding Effect of the Compact
1.  All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.
2.  All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.
3.  Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.
4.  In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction are delegated by law in effect at the time this compact becomes effective.
Added by Acts 2005, 79th Leg., Ch. 1007 (H.B. 706), Sec. 1.01, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article XII. › Section 60.011. Effect of Texas Laws

Sec. 60.011.  EFFECT OF TEXAS LAWS.  If the laws of this state conflict with the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls.
Added by Acts 2005, 79th Leg., Ch. 1007 (H.B. 706), Sec. 2.02.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 60 - Uniform Interstate Compact on Juveniles › Article XII. › Section 60.012. Liabilities for Certain Commission Agents

Sec. 60.012.  LIABILITIES FOR CERTAIN COMMISSION AGENTS.  The compact administrator and each member, officer, executive director, employee, or agent of the commission acting within the scope of the person's employment or duties is, for the purpose of acts or omissions occurring within this state, entitled to the same protections under Chapter 104, Civil Practice and Remedies Code, as an employee, a member of the governing board, or any other officer of a state agency, institution, or department.
Added by Acts 2005, 79th Leg., Ch. 1007 (H.B. 706), Sec. 2.02.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter A. Entry of Orders Against Parents and Other Eligible Persons › Section 61.001. Definitions

Sec. 61.001.  DEFINITIONS.  In this chapter:
(1)  "Juvenile court order" means an order by a juvenile court in a proceeding to which this chapter applies requiring a parent or other eligible person to act or refrain from acting.
(2)  "Other eligible person" means the respondent's guardian, the respondent's custodian, or any other person described in a provision under this title authorizing the court order.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter A. Entry of Orders Against Parents and Other Eligible Persons › Section 61.002. Applicability

Sec. 61.002.  APPLICABILITY.  This chapter applies to a proceeding to enter a juvenile court order:
(1)  for restitution under Sections 54.041(b) and 54.048;
(2)  for community service under Section 54.044(b);
(3)  requiring the person to refrain from doing any act injurious to the welfare of the child under Section 54.041(a)(1);
(4)  enjoining contact between the person and the child who is the subject of a proceeding under Section 54.041(a)(2);
(5)  ordering a person living in the same household with the child to participate in counseling under Section 54.041(a)(3);
(6)  requiring a parent or other eligible person to attend a court hearing under Section 51.115;
(7)  requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r); or
(8)  requiring a parent or other eligible person to act or refrain from acting under any law imposing an obligation of action or omission on a parent or other eligible person because of the parent's or person's relation to the child who is the subject of a proceeding under this title.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1209 (S.B. 727), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 21, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 26, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 4.04, eff. January 1, 2022.
Acts 2023, 88th Leg., R.S., Ch. 256 (S.B. 1612), Sec. 8, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter A. Entry of Orders Against Parents and Other Eligible Persons › Section 61.003. Entry of Juvenile Court Order Against Parent or Other Eligible Person

Sec. 61.003.  ENTRY OF JUVENILE COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON.  (a)  To comply with the requirements of due process of law, the juvenile court shall:
(1)  provide sufficient notice in writing or orally in a recorded court hearing of a proposed juvenile court order;  and
(2)  provide a sufficient opportunity for the parent or other eligible person to be heard regarding the proposed order.
(b)  A juvenile court order must be in writing and a copy promptly furnished to the parent or other eligible person.
(c)  The juvenile court may require the parent or other eligible person to provide suitable identification to be included in the court's file.  Suitable identification includes fingerprints, a driver's license number, a social security number, or similar indicia of identity.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter A. Entry of Orders Against Parents and Other Eligible Persons › Section 61.0031. Transfer of Order Affecting Parent or Other Eligible Person to County of Child's Residence

Sec. 61.0031.  TRANSFER OF ORDER AFFECTING PARENT OR OTHER ELIGIBLE PERSON TO COUNTY OF CHILD'S RESIDENCE.  (a)  This section applies only when:
(1)  a juvenile court has placed a parent or other eligible person under a court order under this chapter;
(2)  the child who was the subject of the juvenile court proceedings in which the order was entered:
(A)  resides in a county other than the county in which the order was entered;
(B)  has moved to a county other than the county in which the order was entered and intends to remain in that county for at least 60 days; or
(C)  intends to move to a county other than the county in which the order was entered and to remain in that county for at least 60 days; and
(3)  the parent or other eligible person resides or will reside in the same county as the county in which the child now resides or to which the child has moved or intends to move.
(b)  A juvenile court that enters an order described by Subsection (a)(1) may transfer the order to the juvenile court of the county in which the parent now resides or to which the parent has moved or intends to move.
(c)  The juvenile court shall provide the parent or other eligible person written notice of the transfer.  The notification must identify the court to which the order has been transferred.
(d)  The juvenile court to which the order has been transferred shall require the parent or other eligible person to appear before the court to notify the person of the existence and terms of the order, unless the permanent supervision hearing under Section 51.073(c) has been waived.  Failure to do so renders the order unenforceable.
(e)  If the notice required by Subsection (d) is provided, the juvenile court to which the order has been transferred may modify, extend, or enforce the order as though the court originally entered the order.
Added by Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 26, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 33, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 3 - Juvenile Justice Code › Chapter 61 - Rights and Responsibilities of Parents and Other Eligible Persons › Subchapter A. Entry of Orders Against Parents and Other Eligible Persons › Section 61.004. Appeal

Sec. 61.004.  APPEAL.  (a)  The parent or other eligible person against whom a final juvenile court order has been entered may appeal as provided by law from judgments entered in civil cases.
(b)  The movant may appeal from a judgment denying requested relief regarding a juvenile court order as provided by law from judgments entered in civil cases.
(c)  The pendency of an appeal initiated under this section does not abate or otherwise affect the proceedings in juvenile court involving the child.
Added by Acts 2003, 78th Leg., ch. 283, Sec. 28, eff. Sept. 1, 2003.