88R976 MCF-D     By: Wu H.B. No. 501       A BILL TO BE ENTITLED   AN ACT   relating to the age of criminal responsibility and to certain   substantive and procedural matters related to that age.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. AGE OF CRIMINAL RESPONSIBILITY          SECTION 1.01.  Section 51.02(2), Family Code, is amended to   read as follows:                (2)  "Child" means a person who is:                      (A)  10 [ten] years of age or older and under 18   [17] years of age; or                      (B)  18 [seventeen] years of age or older and   under 20 [18] years of age who is:                            (i)  alleged or found to have engaged in   delinquent conduct or conduct indicating a need for supervision as   a result of acts committed before becoming 18 [17] years of age; and                            (ii)  under the jurisdiction of a juvenile   court.          SECTION 1.02.  Section 8.07(b), Penal Code, is amended to   read as follows:          (b)  Unless the juvenile court waives jurisdiction under   Section 54.02, Family Code, and certifies the individual for   criminal prosecution or the juvenile court has previously waived   jurisdiction under that section and certified the individual for   criminal prosecution, a person may not be prosecuted for or   convicted of any offense committed before reaching 18 [17] years of   age except an offense described by Subsections (a)(1)-(5).          SECTION 1.03.  The changes in law made by this article apply   only to an offense committed or conduct that occurs on or after   September 1, 2023. An offense committed or conduct that occurred   before September 1, 2023, is governed by the law in effect on the   date the offense was committed or the conduct occurred, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed or conduct occurred before   September 1, 2023, if any element of the offense or conduct occurred   before that date.   ARTICLE 2. OFFENSES WITH AGE AS AN ELEMENT          SECTION 2.01.  Section 15.031(e), Penal Code, is amended to   read as follows:          (e)  An offense under this section is one category lower than   the solicited offense, except that an offense under this section is   the same category as the solicited offense if it is shown on the   trial of the offense that the actor:                (1)  was at the time of the offense 18 [17] years of age   or older and a member of a criminal street gang, as defined by   Section 71.01; and                (2)  committed the offense with the intent to:                      (A)  further the criminal activities of the   criminal street gang; or                      (B)  avoid detection as a member of a criminal   street gang.          SECTION 2.02.  Section 21.02(b), Penal Code, is amended to   read as follows:          (b)  A person commits an offense if:                (1)  during a period that is 30 or more days in   duration, the person commits two or more acts of sexual abuse,   regardless of whether the acts of sexual abuse are committed   against one or more victims; and                (2)  at the time of the commission of each of the acts   of sexual abuse, the actor is 18 [17] years of age or older and the   victim is:                      (A)  a child younger than 14 years of age,   regardless of whether the actor knows the age of the victim at the   time of the offense; or                      (B)  a disabled individual.          SECTION 2.03.  Section 33.021(b), Penal Code, is amended to   read as follows:          (b)  A person who is 18 [17] years of age or older commits an   offense if, with the intent to commit an offense listed in Article   62.001(5)(A), (B), or (K), Code of Criminal Procedure, the person,   over the Internet, by electronic mail or text message or other   electronic message service or system, or through a commercial   online service, intentionally:                (1)  communicates in a sexually explicit manner with a   minor; or                (2)  distributes sexually explicit material to a minor.          SECTION 2.04.  Section 71.028(c), Penal Code, is amended to   read as follows:          (c)  Except as provided by Subsection (d), the punishment   prescribed for an offense described by Subsection (b) is increased   to the punishment prescribed for the next highest category of   offense if the actor is 18 [17] years of age or older and it is shown   beyond a reasonable doubt on the trial of the offense that the actor   committed the offense at a location that was:                (1)  in, on, or within 1,000 feet of any:                      (A)  real property that is owned, rented, or   leased by a school or school board;                      (B)  premises owned, rented, or leased by an   institution of higher education;                      (C)  premises of a public or private youth center;                      (D)  playground; or                      (E)  general residential operation operating as a   residential treatment center;                (2)  in, on, or within 300 feet of any:                      (A)  shopping mall;                      (B)  movie theater;                      (C)  premises of a public swimming pool; or                      (D)  premises of a video arcade facility; or                (3)  on a school bus.          SECTION 2.05.  Sections 545.424(b) and (b-1),   Transportation Code, are amended to read as follows:          (b)  A person under 18 [17] years of age who holds a   restricted motorcycle license may not operate a motorcycle while   using a wireless communication device, except in case of emergency.   This subsection does not apply to a person licensed by the Federal   Communications Commission while operating a radio frequency device   other than a wireless communication device.          (b-1)  A person under 18 [17] years of age who holds a   restricted motorcycle license, during the 12-month period   following the issuance of an original motorcycle license to the   person, may not operate a motorcycle after midnight and before 5   a.m. unless:                (1)  the person is in sight of the person's parent or   guardian; or                (2)  the operation of the vehicle is necessary for the   operator to attend or participate in employment or a school-related   activity or because of a medical emergency.          SECTION 2.06.  Section 729.001(a), Transportation Code, is   amended to read as follows:          (a)  A person who is younger than 18 [17] years of age commits   an offense if the person operates a motor vehicle on a public road   or highway, a street or alley in a municipality, or a public beach   in violation of any traffic law of this state, including:                (1)  Chapter 502, other than Section [502.282 or]   502.412;                (2)  Chapter 521, other than an offense under Section   521.457;                (3)  Subtitle C, other than an offense punishable by   imprisonment or by confinement in jail under Section 550.021,   550.022, 550.024, or 550.025;                (4)  Chapter 601;                (5)  Chapter 621;                (6)  Chapter 661; and                (7)  Chapter 681.          SECTION 2.07.  Section 729.002, Transportation Code, is   amended to read as follows:          Sec. 729.002.  OPERATION OF MOTOR VEHICLE BY MINOR WITHOUT   LICENSE. (a) A person who is younger than 18 [17] years of age   commits an offense if the person operates a motor vehicle without a   driver's license authorizing the operation of a motor vehicle on a:                (1)  public road or highway;                (2)  street or alley in a municipality; or                (3)  public beach as defined by Section 729.001.          (b)  An offense under this section is punishable in the same   manner as if the person was 18 [17] years of age or older and   operated a motor vehicle without a license as described by   Subsection (a), except that an offense under this section is not   punishable by confinement or imprisonment.          SECTION 2.08.  The changes in law made by this article apply   only to an offense committed on or after September 1, 2023. An   offense committed before September 1, 2023, is governed by the law   in effect on the date the offense was committed, and the former law   is continued in effect for that purpose. For purposes of this   section, an offense was committed before September 1, 2023, if any   element of the offense occurred before that date.   ARTICLE 3. CRIMINAL PROCEDURES          SECTION 3.01.  Article 4.19, Code of Criminal Procedure, is   amended to read as follows:          Art. 4.19.  TRANSFER OF PERSON CERTIFIED TO STAND TRIAL AS AN   ADULT. (a)  Notwithstanding the order of a juvenile court to detain   a person under the age of 18 [17] who has been certified to stand   trial as an adult in a certified juvenile detention facility under   Section 54.02(h), Family Code, the judge of the criminal court   having jurisdiction over the person may order the person to be   transferred to an adult facility.  A child who is transferred to an   adult facility must be detained under conditions meeting the   requirements of Section 51.12, Family Code.          (b)  On the 18th [17th] birthday of a person described by   Subsection (a) who is detained in a certified juvenile detention   facility under Section 54.02(h), Family Code, the judge of the   criminal court having jurisdiction over the person shall order the   person to be transferred to an adult facility.          SECTION 3.02.  Article 45.0215(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  This article applies to a defendant who has not had the   disabilities of minority removed and [has been:                [(1)  charged with an offense other than an offense   under Section 43.261, Penal Code, if the defendant is younger than   17 years of age; or                [(2)  charged with an offense under Section 43.261,   Penal Code, if the defendant] is younger than 18 years of age.          SECTION 3.03.  Articles 45.0216(b) and (h), Code of Criminal   Procedure, are amended to read as follows:          (b)  A person may apply to the court in which the person was   convicted to have the conviction expunged as provided by this   article on or after the person's 18th [17th] birthday if:                (1)  the person was convicted of not more than one   offense described by Section 8.07(a)(4) or (5), Penal Code, while   the person was a child; or                (2)  the person was convicted only once of an offense   under Section 43.261, Penal Code.          (h)  Records of a person under 18 [17] years of age relating   to a complaint may be expunged under this article if:                (1)  the complaint was dismissed under Article 45.051   or 45.052 or other law; or                (2)  the person was acquitted of the offense.          SECTION 3.04.  Article 45.045(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  A capias pro fine may not be issued for an individual   convicted for an offense committed before the individual's 18th   [17th] birthday unless:                (1)  the individual is 18 [17] years of age or older;                (2)  the court finds that the issuance of the capias pro   fine is justified after considering:                      (A)  the sophistication and maturity of the   individual;                      (B)  the criminal record and history of the   individual; and                      (C)  the reasonable likelihood of bringing about   the discharge of the judgment through the use of procedures and   services currently available to the court; and                (3)  the court has proceeded under Article 45.050 to   compel the individual to discharge the judgment.          SECTION 3.05.  Article 45.0492(a), Code of Criminal   Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd   Legislature, Regular Session, 2011, is amended to read as follows:          (a)  This article applies only to a defendant younger than 18   [17] years of age who is assessed a fine or costs for a Class C   misdemeanor occurring in a building or on the grounds of the primary   or secondary school at which the defendant was enrolled at the time   of the offense.          SECTION 3.06.  Article 45.0492(a), Code of Criminal   Procedure, as added by Chapter 777 (H.B. 1964), Acts of the 82nd   Legislature, Regular Session, 2011, is amended to read as follows:          (a)  This article applies only to a defendant younger than 18   [17] years of age who is assessed a fine or costs for a Class C   misdemeanor.          SECTION 3.07.  Articles 45.050(d), (e), and (g), Code of   Criminal Procedure, are amended to read as follows:          (d)  A justice or municipal court may hold a person in   contempt and impose a remedy authorized by Subsection (c)(2) if:                (1)  the person was convicted for an offense committed   before the person's 18th [17th] birthday;                (2)  the person failed to obey the order while the   person was 18 [17] years of age or older; and                (3)  the failure to obey occurred under circumstances   that constitute contempt of court.          (e)  A justice or municipal court may hold a person in   contempt and impose a remedy authorized by Subsection (c)(2) if the   person, while younger than 18 [17] years of age, engaged in conduct   in contempt of an order issued by the justice or municipal court,   but contempt proceedings could not be held before the person's 18th   [17th] birthday.          (g)  A justice or municipal court may not refer a child who   violates a court order while 18 [17] years of age or older to a   juvenile court for delinquency proceedings for contempt of court.          SECTION 3.08.  Article 45.057(h), Code of Criminal   Procedure, is amended to read as follows:          (h)  A child and parent required to appear before the court   have an obligation to provide the court in writing with the current   address and residence of the child. The obligation does not end   when the child reaches age 18 [17]. On or before the seventh day   after the date the child or parent changes residence, the child or   parent shall notify the court of the current address in the manner   directed by the court. A violation of this subsection may result in   arrest and is a Class C misdemeanor. The obligation to provide   notice terminates on discharge and satisfaction of the judgment or   final disposition not requiring a finding of guilt.          SECTION 3.09.  Article 45.058(h), Code of Criminal   Procedure, is amended to read as follows:          (h)  In this article, "child" means a person who is:                (1)  at least 10 years of age and younger than 18 [17]   years of age; and                (2)  charged with or convicted of an offense that a   justice or municipal court has jurisdiction of under Article 4.11   or 4.14.          SECTION 3.10.  Articles 45.060(a), (b), and (e), Code of   Criminal Procedure, are amended to read as follows:          (a)  Except as provided by Articles 45.058 and 45.059, an   individual may not be taken into secured custody for offenses   alleged to have occurred before the individual's 18th [17th]   birthday.          (b)  On or after an individual's 18th [17th] birthday, if the   court has used all available procedures under this chapter to   secure the individual's appearance to answer allegations made   before the individual's 18th [17th] birthday, the court may issue a   notice of continuing obligation to appear by personal service or by   mail to the last known address and residence of the individual. The   notice must order the individual to appear at a designated time,   place, and date to answer the allegations detailed in the notice.          (e)  A notice of continuing obligation to appear issued under   this article must contain the following statement provided in   boldfaced type or capital letters:          "WARNING: COURT RECORDS REVEAL THAT BEFORE YOUR 18TH [17TH]   BIRTHDAY YOU WERE ACCUSED OF A CRIMINAL OFFENSE AND HAVE FAILED TO   MAKE AN APPEARANCE OR ENTER A PLEA IN THIS MATTER. AS AN ADULT, YOU   ARE NOTIFIED THAT YOU HAVE A CONTINUING OBLIGATION TO APPEAR IN THIS   CASE. FAILURE TO APPEAR AS REQUIRED BY THIS NOTICE MAY BE AN   ADDITIONAL CRIMINAL OFFENSE AND RESULT IN A WARRANT BEING ISSUED   FOR YOUR ARREST."          SECTION 3.11.  Article 62.001(6), Code of Criminal   Procedure, is amended to read as follows:                (6)  "Sexually violent offense" means any of the   following offenses committed by a person 18 [17] years of age or   older:                      (A)  an offense under Section 21.02 (Continuous   sexual abuse of young child or disabled individual), 21.11(a)(1)   (Indecency with a child), 22.011 (Sexual assault), or 22.021   (Aggravated sexual assault), Penal Code;                      (B)  an offense under Section 43.25 (Sexual   performance by a child), Penal Code;                      (C)  an offense under Section 20.04(a)(4)   (Aggravated kidnapping), Penal Code, if the defendant committed the   offense with intent to violate or abuse the victim sexually;                      (D)  an offense under Section 30.02 (Burglary),   Penal Code, if the offense is punishable under Subsection (d) of   that section and the defendant committed the offense with intent to   commit a felony listed in Paragraph (A) or (C) of Subdivision (5);   or                      (E)  an offense under the laws of another state,   federal law, the laws of a foreign country, or the Uniform Code of   Military Justice if the offense contains elements that are   substantially similar to the elements of an offense listed under   Paragraph (A), (B), (C), or (D).          SECTION 3.12.  Article 62.351(a), Code of Criminal   Procedure, is amended to read as follows:          (a)  During or after disposition of a case under Section   54.04, Family Code, for adjudication of an offense for which   registration is required under this chapter, the juvenile court on   motion of the respondent shall conduct a hearing to determine   whether the interests of the public require registration under this   chapter. The motion may be filed and the hearing held regardless of   whether the respondent is under 19 [18] years of age. Notice of the   motion and hearing shall be provided to the prosecuting attorney.          SECTION 3.13.  Article 62.352(c), Code of Criminal   Procedure, is amended to read as follows:          (c)  If the court enters an order described by Subsection   (b)(1), the court retains discretion and jurisdiction to require,   or exempt the respondent from, registration under this chapter at   any time during the treatment or on the successful or unsuccessful   completion of treatment, except that during the period of deferral,   registration may not be required. Following successful completion   of treatment, the respondent is exempted from registration under   this chapter unless a hearing under this subchapter is held on   motion of the prosecuting attorney, regardless of whether the   respondent is 19 [18] years of age or older, and the court   determines the interests of the public require registration. Not   later than the 10th day after the date of the respondent's   successful completion of treatment, the treatment provider shall   notify the juvenile court and prosecuting attorney of the   completion.          SECTION 3.14.  Article 62.353(b), Code of Criminal   Procedure, is amended to read as follows:          (b)  The person may file a motion under Subsection (a) in the   original juvenile case regardless of whether the person, at the   time of filing the motion, is 19 [18] years of age or older. Notice   of the motion shall be provided to the prosecuting attorney. A   hearing on the motion shall be provided as in other cases under this   subchapter.          SECTION 3.15.  Section 37.085, Education Code, is amended to   read as follows:          Sec. 37.085.  ARRESTS PROHIBITED FOR CERTAIN CLASS C   MISDEMEANORS.  Notwithstanding any other provision of law, a   warrant may not be issued for the arrest of a person for a Class C   misdemeanor under this code committed when the person was younger   than 18 [17] years of age.          SECTION 3.16.  Section 153.0071(e-1), Family Code, is   amended to read as follows:          (e-1)  Notwithstanding Subsections (d) and (e), a court may   decline to enter a judgment on a mediated settlement agreement if   the court finds:                (1)  that:                      (A)  a party to the agreement was a victim of   family violence, and that circumstance impaired the party's ability   to make decisions; or                      (B)  the agreement would permit a person who is   subject to registration under Chapter 62, Code of Criminal   Procedure, on the basis of an offense committed by the person when   the person was 18 [17] years of age or older or who otherwise has a   history or pattern of past or present physical or sexual abuse   directed against any person to:                            (i)  reside in the same household as the   child; or                            (ii)  otherwise have unsupervised access to   the child; and                (2)  that the agreement is not in the child's best   interest.          SECTION 3.17.  Section 521.453(i), Transportation Code, is   amended to read as follows:          (i)  If the person ordered to perform community service under   Subsection (h) is younger than 18 [17] years of age, the community   service shall be performed as if ordered by a juvenile court under   Section 54.044(a), Family Code, as a condition of probation under   Section 54.04(d), Family Code.          SECTION 3.18.  (a) Except as provided by Subsection (b) of   this section, the changes in law made by this article apply only to   an offense committed on or after September 1, 2023. An offense   committed before September 1, 2023, is governed by the law in effect   on the date the offense was committed, and the former law is   continued in effect for that purpose.          (b)  Articles 45.0216(b) and (h), Code of Criminal   Procedure, as amended by this article, apply only to the expunction   of certain records related to an offense committed on or after   September 1, 2023. The expunction of certain records related to an   offense committed before September 1, 2023, is governed by the law   in effect on the date the offense was committed, and the former law   is continued in effect for that purpose.          (c)  For purposes of this section, an offense was committed   before September 1, 2023, if any element of the offense occurred   before that date.   ARTICLE 4. JUVENILE COURT PROCEDURES          SECTION 4.01.  Section 51.041, Family Code, is amended to   read as follows:          Sec. 51.041.  JURISDICTION AFTER APPEAL. (a) The court   retains jurisdiction over a person, without regard to the age of the   person, for conduct engaged in by the person before becoming 18 [17]   years of age if, as a result of an appeal by the person or the state   under Chapter 56 of an order of the court, the order is reversed or   modified and the case remanded to the court by the appellate court.          (b)  If the respondent is at least 18 years of age when the   order of remand from the appellate court is received by the juvenile   court, the juvenile court shall proceed as provided by Sections   54.02(o)-(r) for the detention of a person at least 19 [18] years of   age in discretionary transfer proceedings. Pending retrial of the   adjudication or transfer proceeding, the juvenile court may:                (1)  order the respondent released from custody;                (2)  order the respondent detained in a juvenile   detention facility; or                (3)  set bond and order the respondent detained in a   county adult facility if bond is not made.          SECTION 4.02.  Section 51.0412, Family Code, is amended to   read as follows:          Sec. 51.0412.  JURISDICTION OVER INCOMPLETE PROCEEDINGS.   The court retains jurisdiction over a person, without regard to the   age of the person, who is a respondent in an adjudication   proceeding, a disposition proceeding, a proceeding to modify   disposition, a proceeding for waiver of jurisdiction and transfer   to criminal court under Section 54.02(a), or a motion for transfer   of determinate sentence probation to an appropriate district court   if:                (1)  the petition or motion was filed while the   respondent was younger than 19 or 20 [18 or 19] years of age, as   applicable;                (2)  the proceeding is not complete before the   respondent becomes 19 or 20 [18 or 19] years of age, as applicable;   and                (3)  the court enters a finding in the proceeding that   the prosecuting attorney exercised due diligence in an attempt to   complete the proceeding before the respondent became 19 or 20 [18 or   19] years of age, as applicable.          SECTION 4.03.  Sections 51.12(f) and (h), Family Code, are   amended to read as follows:          (f)  A child detained in a building that contains a jail,   lockup, or other place of secure confinement, including an alcohol   or other drug treatment facility, shall be separated by sight and   sound from adults detained in the same building. Children and   adults are separated by sight and sound only if they are unable to   see each other and conversation between them is not possible. The   separation must extend to all areas of the facility, including   sally ports and passageways, and those areas used for admission,   counseling, sleeping, toileting, showering, dining, recreational,   educational, or vocational activities, and health care. The   separation may be accomplished through architectural design. A   person who has been transferred for prosecution in criminal court   under Section 54.02 and is under 18 [17] years of age is considered   a child for the purposes of this subsection.          (h)  This section does not apply to a person:                (1)  who has been transferred to criminal court for   prosecution under Section 54.02 and is at least 18 [17] years of   age; or                (2)  who is at least 18 [17] years of age and who has   been taken into custody after having:                      (A)  escaped from a juvenile facility operated by   or under contract with the Texas Juvenile Justice Department; or                      (B)  violated a condition of release under   supervision of the department.          SECTION 4.04.  Section 54.02(j), Family Code, is amended to   read as follows:          (j)  The juvenile court may waive its exclusive original   jurisdiction and transfer a person to the appropriate district   court or criminal district court for criminal proceedings if:                (1)  the person is 19 [18] years of age or older;                (2)  the person was:                      (A)  10 years of age or older and under 18 [17]   years of age at the time the person is alleged to have committed a   capital felony or an offense under Section 19.02, Penal Code;                      (B)  14 years of age or older and under 18 [17]   years of age at the time the person is alleged to have committed an   aggravated controlled substance felony or a felony of the first   degree other than an offense under Section 19.02, Penal Code; or                      (C)  15 years of age or older and under 18 [17]   years of age at the time the person is alleged to have committed a   felony of the second or third degree or a state jail felony;                (3)  no adjudication concerning the alleged offense has   been made or no adjudication hearing concerning the offense has   been conducted;                (4)  the juvenile court finds from a preponderance of   the evidence that:                      (A)  for a reason beyond the control of the state   it was not practicable to proceed in juvenile court before the 19th   [18th] birthday of the person; or                      (B)  after due diligence of the state it was not   practicable to proceed in juvenile court before the 19th [18th]   birthday of the person because:                            (i)  the state did not have probable cause to   proceed in juvenile court and new evidence has been found since the   19th [18th] birthday of the person;                            (ii)  the person could not be found; or                            (iii)  a previous transfer order was   reversed by an appellate court or set aside by a district court; and                (5)  the juvenile court determines that there is   probable cause to believe that the child before the court committed   the offense alleged.          SECTION 4.05.  Section 54.0326(b), Family Code, is amended   to read as follows:          (b)  A juvenile court may defer adjudication proceedings   under Section 54.03 until the child's 19th [18th] birthday and   require a child to participate in a program established under   Section 152.0017, Human Resources Code, if the child:                (1)  is alleged to have engaged in delinquent conduct   or conduct indicating a need for supervision and may be a victim of   conduct that constitutes an offense under Section 20A.02, Penal   Code; and                (2)  presents to the court an oral or written request to   participate in the program.          SECTION 4.06.  Sections 54.04(e), (l), and (q), Family Code,   are amended to read as follows:          (e)  The Texas Juvenile Justice Department shall accept a   person properly committed to it by a juvenile court even though the   person may be 18 [17] years of age or older at the time of   commitment.          (l)  Except as provided by Subsection (q), a court or jury   may place a child on probation under Subsection (d)(1) for any   period, except that probation may not continue on or after the   child's 19th [18th] birthday. Except as provided by Subsection   (q), the court may, before the period of probation ends, extend the   probation for any period, except that the probation may not extend   to or after the child's 19th [18th] birthday.          (q)  If a court or jury sentences a child to commitment in the   Texas Juvenile Justice Department or a post-adjudication secure   correctional facility under Subsection (d)(3) for a term of not   more than 10 years, the court or jury may place the child on   probation under Subsection (d)(1) as an alternative to making the   disposition under Subsection (d)(3).  The court shall prescribe the   period of probation ordered under this subsection for a term of not   more than 10 years.  The court may, before the sentence of probation   expires, extend the probationary period under Section 54.05, except   that the sentence of probation and any extension may not exceed 10   years. The court may, before the child's 20th [19th] birthday,   discharge the child from the sentence of probation. If a sentence   of probation ordered under this subsection and any extension of   probation ordered under Section 54.05 will continue after the   child's 20th [19th] birthday, the court shall discharge the child   from the sentence of probation on the child's 20th [19th] birthday   unless the court transfers the child to an appropriate district   court under Section 54.051.          SECTION 4.07.  Section 54.0405(i), Family Code, is amended   to read as follows:          (i)  A court that requires as a condition of probation that a   child attend psychological counseling under Subsection (a) may,   before the date the probation period ends, extend the probation for   any additional period necessary to complete the required counseling   as determined by the treatment provider, except that the probation   may not be extended to a date after the date of the child's 19th   [18th] birthday, or 20th [19th] birthday if the child is placed on   determinate sentence probation under Section 54.04(q).          SECTION 4.08.  Sections 54.041(b) and (h), Family Code, are   amended to read as follows:          (b)  If a child is found to have engaged in delinquent   conduct or conduct indicating a need for supervision arising from   the commission of an offense in which property damage or loss or   personal injury occurred, the juvenile court, on notice to all   persons affected and on hearing, may order the child or a parent to   make full or partial restitution to the victim of the offense. The   program of restitution must promote the rehabilitation of the   child, be appropriate to the age and physical, emotional, and   mental abilities of the child, and not conflict with the child's   schooling. When practicable and subject to court supervision, the   court may approve a restitution program based on a settlement   between the child and the victim of the offense. An order under   this subsection may provide for periodic payments by the child or a   parent of the child for the period specified in the order but except   as provided by Subsection (h), that period may not extend past the   date of the 19th [18th] birthday of the child or past the date the   child is no longer enrolled in an accredited secondary school in a   program leading toward a high school diploma, whichever date is   later.          (h)  If the juvenile court places the child on probation in a   determinate sentence proceeding initiated under Section 53.045 and   transfers supervision on the child's 20th [19th] birthday to a   district court for placement on community supervision, the district   court shall require the payment of any unpaid restitution as a   condition of the community supervision. The liability of the   child's parent for restitution may not be extended by transfer to a   district court for supervision.          SECTION 4.09.  Sections 54.05(a) and (b), Family Code, are   amended to read as follows:          (a)  Any [Except as provided by Subsection (a-1), any]   disposition, except a commitment to the Texas Juvenile Justice   Department, may be modified by the juvenile court as provided in   this section until:                (1)  the child reaches:                      (A)  the child's 19th [18th] birthday; or                      (B)  the child's 20th [19th] birthday, if the   child was placed on determinate sentence probation under Section   54.04(q); or                (2)  the child is earlier discharged by the court or   operation of law.          (b)  Except for a commitment to the Texas Juvenile Justice   Department or to a post-adjudication secure correctional facility   under former Section 54.04011 or a placement on determinate   sentence probation under Section 54.04(q), all dispositions   automatically terminate when the child reaches the child's 19th   [18th] birthday.          SECTION 4.10.  Section 54.051, Family Code, is amended by   amending Subsections (a), (b), (c), (d), (e-2), and (i) and adding   Subsection (j) to read as follows:          (a)  On motion of the state concerning a child who is placed   on probation under Section 54.04(q) for a period, including any   extension ordered under Section 54.05, that will continue after the   child's applicable [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.          (b)  The hearing must be conducted before the person's   applicable [19th] birthday[, or before the person's 18th birthday   if the offense for which the person was placed on probation occurred   before September 1, 2011,] and must be conducted in the same manner   as a hearing to modify disposition under Section 54.05.          (c)  If, after a hearing, the court determines to discharge   the child, the court shall specify a date on or before the child's   applicable [19th] birthday to 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 on the child's applicable [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 person's 20th [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.          (i)  If the juvenile court exercises jurisdiction over a   person on or after the person's [who is 18 or 19 years of age or   older, as] applicable birthday, under Section 51.041 or 51.0412,   the court or jury may, if the person is otherwise eligible, place   the person on probation under Section 54.04(q). The juvenile court   shall set the conditions of probation and immediately transfer   supervision of the person to the appropriate court exercising   criminal jurisdiction under Subsection (e).          (j)  In this section, "applicable birthday" means the   person's:                (1)  18th birthday, if the conduct for which the person   was placed on probation occurred before September 1, 2011;                (2)  19th birthday, if the conduct for which the person   was placed on probation occurred on or after September 1, 2011, but   before September 1, 2023; or                (3)  20th birthday, if the conduct for which the person   was placed on probation occurred on or after September 1, 2023.          SECTION 4.11.  Section 54.11(l), Family Code, is amended to   read as follows:          (l)  Pending the conclusion of a transfer hearing, the   juvenile court shall order that the person who is referred for   transfer be detained in a certified juvenile detention facility as   provided by Subsection (m). If the person is at least 18 [17] years   of age, the juvenile court may order that the person be detained   without bond in an appropriate county facility for the detention of   adults accused of criminal offenses.          SECTION 4.12.  Section 55.15, Family Code, is amended to   read as follows:          Sec. 55.15.  STANDARDS OF CARE; EXPIRATION OF COURT ORDER   FOR MENTAL HEALTH SERVICES. If the juvenile court or a court to   which the child's case is referred under Section 55.12(2) orders   mental health services for the child, the child shall be cared for,   treated, and released in conformity to Subtitle C, Title 7, Health   and Safety Code, except:                (1)  a court order for mental health services for a   child automatically expires on the 120th day after the date the   child becomes 19 [18] years of age; and                (2)  the administrator of a mental health facility   shall notify, in writing, by certified mail, return receipt   requested, the juvenile court that ordered mental health services   or the juvenile court that referred the case to a court that ordered   the mental health services of the intent to discharge the child at   least 10 days prior to discharge.          SECTION 4.13.  Section 55.18, Family Code, is amended to   read as follows:          Sec. 55.18.  DISCHARGE FROM MENTAL HEALTH FACILITY BEFORE   REACHING 19 [18] YEARS OF AGE. If the child is discharged from the   mental health facility before reaching 19 [18] years of age, the   juvenile court may:                (1)  dismiss the juvenile court proceedings with   prejudice; or                (2)  continue with proceedings under this title as   though no order of mental health services had been made.          SECTION 4.14.  The heading to Section 55.19, Family Code, is   amended to read as follows:          Sec. 55.19.  TRANSFER TO CRIMINAL COURT ON 19TH [18TH]   BIRTHDAY.          SECTION 4.15.  Section 55.19(a), Family Code, is amended to   read as follows:          (a)  The juvenile court shall transfer all pending   proceedings from the juvenile court to a criminal court on the 19th   [18th] birthday of a child for whom the juvenile court or a court to   which the child's case is referred under Section 55.12(2) has   ordered inpatient mental health services if:                (1)  the child is not discharged or furloughed from the   inpatient mental health facility before reaching 19 [18] years of   age; and                (2)  the child is alleged to have engaged in delinquent   conduct that included a violation of a penal law listed in Section   53.045 and no adjudication concerning the alleged conduct has been   made.          SECTION 4.16.  Section 55.43(a), Family Code, is amended to   read as follows:          (a)  The prosecuting attorney may file with the juvenile   court a motion for a restoration hearing concerning a child if:                (1)  the child is found unfit to proceed as a result of   mental illness or an intellectual disability; and                (2)  the child:                      (A)  is not:                            (i)  ordered by a court to receive inpatient   mental health or intellectual disability services;                            (ii)  committed by a court to a residential   care facility; or                            (iii)  ordered by a court to receive   treatment or services on an outpatient basis; or                      (B)  is discharged or currently on furlough from a   mental health facility or outpatient center before the child   reaches 19 [18] years of age.          SECTION 4.17.  The heading to Section 55.44, Family Code, is   amended to read as follows:          Sec. 55.44.  TRANSFER TO CRIMINAL COURT ON 19TH [18TH]   BIRTHDAY OF CHILD.          SECTION 4.18.  Section 55.44(a), Family Code, is amended to   read as follows:          (a)  The juvenile court shall transfer all pending   proceedings from the juvenile court to a criminal court on the 19th   [18th] birthday of a child for whom the juvenile court or a court to   which the child's case is referred has ordered inpatient mental   health services or residential care for persons with an   intellectual disability if:                (1)  the child is not discharged or currently on   furlough from the facility before reaching 19 [18] years of age; and                (2)  the child is alleged to have engaged in delinquent   conduct that included a violation of a penal law listed in Section   53.045 and no adjudication concerning the alleged conduct has been   made.          SECTION 4.19.  Section 58.0052(a)(3), Family Code, is   amended to read as follows:                (3)  "Multi-system youth" means a person who:                      (A)  is younger than 20 [19] years of age; and                      (B)  has received services from two or more   juvenile service providers.          SECTION 4.20.  Section 58.253(b), Family Code, is amended to   read as follows:          (b)  A person who was referred to a juvenile probation   department for delinquent conduct is entitled to have all records   related to the person's juvenile matters, including records   relating to any matters involving conduct indicating a need for   supervision, sealed without applying to the juvenile court if the   person:                (1)  is at least 20 [19] years of age;                (2)  has not been adjudicated as having engaged in   delinquent conduct or, if adjudicated for delinquent conduct, was   not adjudicated for delinquent conduct violating a penal law of the   grade of felony;                (3)  does not have any pending delinquent conduct   matters;                (4)  has not been transferred by a juvenile court to a   criminal court for prosecution under Section 54.02;                (5)  has not as an adult been convicted of a felony or a   misdemeanor punishable by confinement in jail; and                (6)  does not have any pending charges as an adult for a   felony or a misdemeanor punishable by confinement in jail.          SECTION 4.21.  Section 58.255(a), Family Code, is amended to   read as follows:          (a)  A person who was referred to a juvenile court for   conduct indicating a need for supervision is entitled to have all   records related to all conduct indicating a need for supervision   matters sealed without applying to the juvenile court if the   person:                (1)  has records relating to the conduct filed with the   court clerk;                (2)  is at least 19 [18] years of age;                (3)  has not been referred to the juvenile probation   department for delinquent conduct;                (4)  has not as an adult been convicted of a felony; and                (5)  does not have any pending charges as an adult for a   felony or a misdemeanor punishable by confinement in jail.          SECTION 4.22.  Section 58.256(c), Family Code, is amended to   read as follows:          (c)  Except as provided by Subsection (d), the juvenile court   may order the sealing of records related to all matters for which   the person was referred to the juvenile probation department if the   person:                (1)  is at least 18 [17] years of age, or is younger   than 18 [17] years of age and at least one year has elapsed after the   date of final discharge in each matter for which the person was   referred to the juvenile probation department;                (2)  does not have any delinquent conduct matters   pending with any juvenile probation department or juvenile court;                (3)  was not transferred by a juvenile court to a   criminal court for prosecution under Section 54.02;                (4)  has not as an adult been convicted of a felony; and                (5)  does not have any pending charges as an adult for a   felony or a misdemeanor punishable by confinement in jail.          SECTION 4.23.  Section 58.264(b), Family Code, is amended to   read as follows:          (b)  The records related to a person referred to a juvenile   probation department may be destroyed if the person:                (1)  is at least 19 [18] years of age, and:                      (A)  the most serious conduct for which the person   was referred was conduct indicating a need for supervision, whether   or not the person was adjudicated; or                      (B)  the referral or information did not relate to   conduct indicating a need for supervision or delinquent conduct and   the juvenile probation department, prosecutor, or juvenile court   did not take action on the referral or information for that reason;                (2)  is at least 21 years of age, and:                      (A)  the most serious conduct for which the person   was adjudicated was delinquent conduct that violated a penal law of   the grade of misdemeanor; or                      (B)  the most serious conduct for which the person   was referred was delinquent conduct and the person was not   adjudicated as having engaged in the conduct; or                (3)  is at least 31 years of age and the most serious   conduct for which the person was adjudicated was delinquent conduct   that violated a penal law of the grade of felony.          SECTION 4.24.  Section 59.005(b), Family Code, is amended to   read as follows:          (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   19th [18th] birthday, whichever is earlier.          SECTION 4.25.  Section 59.006(b), Family Code, is amended to   read as follows:          (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 19th [18th] birthday,   whichever is earlier.          SECTION 4.26.  Section 59.007(b), Family Code, is amended to   read as follows:          (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 19th [18th] birthday,   whichever is earlier.          SECTION 4.27.  Section 59.008(b), Family Code, is amended to   read as follows:          (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 19th [18th] birthday,   whichever is earlier.          SECTION 4.28.  Section 59.009(c), Family Code, is amended to   read as follows:          (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 20th [19th] birthday, whichever is earlier.          SECTION 4.29.  Section 61.051(c), Family Code, is amended to   read as follows:          (c)  The juvenile court retains jurisdiction to enter a   contempt order if the motion for enforcement is filed not later than   six months after the child's 19th [18th] birthday.          SECTION 4.30.  Section 614.019(b), Health and Safety Code,   is amended to read as follows:          (b)  A child with mental illness who is receiving continuity   of care services during parole from the Texas Juvenile Justice   Department and who is no longer eligible to receive services from a   local mental health authority when the child becomes 18 [17] years   of age because the child does not meet the requirements of a local   service area plan under Section 533.0352(a) may continue to receive   continuity of care services from the office until the child   completes the child's parole.          SECTION 4.31.  Section 63.001(1), Human Resources Code, is   amended to read as follows:                (1)  "Juvenile" means a person from the age of 10 to 19   [18] years who:                      (A)  has been found to have engaged in delinquent   conduct by a juvenile court; and                      (B)  is under the jurisdiction of the juvenile   court [of competent jurisdiction].          SECTION 4.32.  Section 152.0015, Human Resources Code, is   amended to read as follows:          Sec. 152.0015.  PRETRIAL DETENTION POLICY FOR CERTAIN   JUVENILES. A juvenile board shall establish a policy that   specifies whether a person who has been transferred for criminal   prosecution under Section 54.02, Family Code, and is younger than   18 [17] years of age may be detained in a juvenile facility pending   trial as provided by Section 51.12, Family Code.          SECTION 4.33.  Section 201.001(a)(2), Human Resources Code,   is amended to read as follows:                (2)  "Child" means an individual[:                      [(A)]  10 years of age or older and younger than 20   [18] years of age who is under the jurisdiction of a juvenile   court[; or                      [(B)  10 years of age or older and younger than 19   years of age who is committed to the department under Title 3,   Family Code].          SECTION 4.34.  Section 243.001(a), Human Resources Code, is   amended to read as follows:          (a)  The department may not assign a child younger than 16   [15] years of age to the same correctional facility dormitory as a   person who is at least 18 [17] years of age unless the department   determines that the placement is necessary to ensure the safety of   children in the custody of the department. This subsection does not   apply to a dormitory that is used exclusively for short-term   assessment and orientation purposes.          SECTION 4.35.  Section 243.051(b), Human Resources Code, is   amended to read as follows:          (b)  A child who is arrested or taken into custody under   Subsection (a) may be detained in any suitable place, including an   adult jail facility if the person is 18 [17] years of age or older,   until the child is returned to the custody of the department or   transported to a department facility.          SECTION 4.36.  Section 244.014(a), Human Resources Code, is   amended to read as follows:          (a)  After a child sentenced to commitment under Section   54.04(d)(3), 54.04(m), or 54.05(f), Family Code, becomes 17 [16]   years of age but before the child becomes 20 [19] years of age, the   department may refer the child to the juvenile court that entered   the order of commitment for approval of the child's transfer to the   Texas Department of Criminal Justice for confinement if:                (1)  the child has not completed the sentence; and                (2)  the child's conduct, regardless of whether the   child was released under supervision under Section 245.051,   indicates that the welfare of the community requires the transfer.          SECTION 4.37.  Section 244.015, Human Resources Code, is   amended to read as follows:          Sec. 244.015.  EVALUATION OF CERTAIN CHILDREN SERVING   DETERMINATE SENTENCES. (a) When a child who is sentenced to   commitment under Section 54.04(d)(3), 54.04(m), or 54.05(f),   Family Code, becomes 19 [18] years of age, the department shall   evaluate whether the child is in need of additional services that   can be completed in the six-month period after the child's 19th   [18th] birthday to prepare the child for release from the custody of   the department or transfer to the Texas Department of Criminal   Justice.          (b)  This section does not apply to a child who is released   from the custody of the department or who is transferred to the   Texas Department of Criminal Justice before the child's 19th [18th]   birthday.          SECTION 4.38.  Section 245.053(i), Human Resources Code, is   amended to read as follows:          (i)  If the department requires as a condition of release   that a child attend psychological counseling under Subsection (a),   the department may, before the date the period of release ends,   petition the appropriate court to request the court to extend the   period of release for an additional period necessary to complete   the required counseling as determined by the treatment provider,   except that the release period may not be extended to a date after   the date of the child's 19th [18th] birthday.          SECTION 4.39.  Sections 245.151(d) and (e), Human Resources   Code, are amended to read as follows:          (d)  Except as provided by Subsection (e), the department   shall discharge from its custody a person not already discharged on   the person's 20th [19th] birthday.          (e)  The department shall transfer a person who has been   sentenced under a determinate sentence to commitment under Section   54.04(d)(3), 54.04(m), or 54.05(f), Family Code, or who has been   returned to the department under Section 54.11(i)(1), Family Code,   to the custody of the Texas Department of Criminal Justice on the   person's 20th [19th] birthday, if the person has not already been   discharged or transferred, to serve the remainder of the person's   sentence on parole as provided by Section 508.156, Government Code.          SECTION 4.40.  (a) Except as provided by Subsection (b) of   this section, the changes in law made by this article apply only to   procedures relating to conduct that occurs on or after September 1,   2023. Procedures relating to conduct that occurred before   September 1, 2023, are governed by the law in effect on the date the   conduct occurred, and the former law is continued in effect for that   purpose.          (b)  The change in law made by this article to Section   58.0052, Family Code, applies to the sharing of information on or   after September 1, 2023, without regard to whether the information   was compiled before, on, or after that date.          (c)  For purposes of this section, conduct occurred before   September 1, 2023, if any element of the conduct occurred before   that date.   ARTICLE 5. MISCELLANEOUS LAWS RELATING TO AGE OF CRIMINAL   RESPONSIBILITY          SECTION 5.01.  Section 109.001(5), Business & Commerce Code,   is amended to read as follows:                (5)  "Confidential criminal record information of a   child" means information about a person's involvement in the   criminal justice system resulting from conduct that occurred or was   alleged to occur when the person was younger than 18 [17] years of   age that is confidential under Chapter 45, Code of Criminal   Procedure, or other law. The term does not include:                      (A)  criminal record information of a person   certified to stand trial as an adult for that conduct, as provided   by Section 54.02, Family Code; or                      (B)  information relating to a traffic offense.          SECTION 5.02.  Section 65.251(b), Family Code, is amended to   read as follows:          (b)  If a child fails to obey an order issued by a truancy   court under Section 65.103(a) or a child is in direct contempt of   court and the child has failed to obey an order or has been found in   direct contempt of court on two or more previous occasions, the   truancy court, after providing notice and an opportunity for a   hearing, may refer the child to the juvenile probation department   as a request for truancy intervention, unless the child failed to   obey the truancy court order or was in direct contempt of court   while 18 [17] years of age or older.          SECTION 5.03.  Section 79.001(10), Government Code, is   amended to read as follows:                (10)  "Juvenile offense" means conduct committed by a   person while younger than 18 [17] years of age that constitutes:                      (A)  a misdemeanor punishable by confinement; or                      (B)  a felony.          SECTION 5.04.  Section 511.009(a), Government Code, is   amended to read as follows:          (a)  The commission shall:                (1)  adopt reasonable rules and procedures   establishing minimum standards for the construction, equipment,   maintenance, and operation of county jails;                (2)  adopt reasonable rules and procedures   establishing minimum standards for the custody, care, and treatment   of prisoners;                (3)  adopt reasonable rules establishing minimum   standards for the number of jail supervisory personnel and for   programs and services to meet the needs of prisoners;                (4)  adopt reasonable rules and procedures   establishing minimum requirements for programs of rehabilitation,   education, and recreation in county jails;                (5)  regularly review the commission's rules and   procedures and revise, amend, or change the rules and procedures if   necessary;                (6)  provide to local government officials   consultation on and technical assistance for county jails;                (7)  review and comment on plans for the construction   and major modification or renovation of county jails;                (8)  require that the sheriff and commissioners of each   county submit to the commission, on a form prescribed by the   commission, an annual report on the conditions in each county jail   within their jurisdiction, including all information necessary to   determine compliance with state law, commission orders, and the   rules adopted under this chapter;                (9)  review the reports submitted under Subdivision (8)   and require commission employees to inspect county jails regularly   to ensure compliance with state law, commission orders, and rules   and procedures adopted under this chapter;                (10)  adopt a classification system to assist sheriffs   and judges in determining which defendants are low-risk and   consequently suitable participants in a county jail work release   program under Article 42.034, Code of Criminal Procedure;                (11)  adopt rules relating to requirements for   segregation of classes of inmates and to capacities for county   jails;                (12)  adopt a policy for gathering and distributing to   jails under the commission's jurisdiction information regarding:                      (A)  common issues concerning jail   administration;                      (B)  examples of successful strategies for   maintaining compliance with state law and the rules, standards, and   procedures of the commission; and                      (C)  solutions to operational challenges for   jails;                (13)  report to the Texas Correctional Office on   Offenders with Medical or Mental Impairments on a jail's compliance   with Article 16.22, Code of Criminal Procedure;                (14)  adopt reasonable rules and procedures   establishing minimum requirements for a county jail to:                      (A)  determine if a prisoner is pregnant;                      (B)  ensure that the jail's health services plan   addresses medical care, including obstetrical and gynecological   care, mental health care, nutritional requirements, and any special   housing or work assignment needs for prisoners who are known or   determined to be pregnant; and                      (C)  identify when a pregnant prisoner is in labor   and provide appropriate care to the prisoner, including promptly   transporting the prisoner to a local hospital;                (15)  provide guidelines to sheriffs regarding   contracts between a sheriff and another entity for the provision of   food services to or the operation of a commissary in a jail under   the commission's jurisdiction, including specific provisions   regarding conflicts of interest and avoiding the appearance of   impropriety;                (16)  adopt reasonable rules and procedures   establishing minimum standards for prisoner visitation that   provide each prisoner at a county jail with a minimum of two   in-person, noncontact visitation periods per week of at least 20   minutes duration each;                (17)  require the sheriff of each county to:                      (A)  investigate and verify the veteran status of   each prisoner by using data made available from the Veterans   Reentry Search Service (VRSS) operated by the United States   Department of Veterans Affairs or a similar service; and                      (B)  use the data described by Paragraph (A) to   assist prisoners who are veterans in applying for federal benefits   or compensation for which the prisoners may be eligible under a   program administered by the United States Department of Veterans   Affairs;                (18)  adopt reasonable rules and procedures regarding   visitation of a prisoner at a county jail by a guardian, as defined   by Section 1002.012, Estates Code, that:                      (A)  allow visitation by a guardian to the same   extent as the prisoner's next of kin, including placing the   guardian on the prisoner's approved visitors list on the guardian's   request and providing the guardian access to the prisoner during a   facility's standard visitation hours if the prisoner is otherwise   eligible to receive visitors; and                      (B)  require the guardian to provide the sheriff   with letters of guardianship issued as provided by Section   1106.001, Estates Code, before being allowed to visit the prisoner;                (19)  adopt reasonable rules and procedures to ensure   the safety of prisoners, including rules and procedures that   require a county jail to:                      (A)  give prisoners the ability to access a mental   health professional at the jail or through a telemental health   service 24 hours a day or, if a mental health professional is not at   the county jail at the time, then require the jail to use all   reasonable efforts to arrange for the inmate to have access to a   mental health professional within a reasonable time;                      (B)  give prisoners the ability to access a health   professional at the jail or through a telehealth service 24 hours a   day or, if a health professional is unavailable at the jail or   through a telehealth service, provide for a prisoner to be   transported to access a health professional; and                      (C)  if funding is available under Section   511.019, install automated electronic sensors or cameras to ensure   accurate and timely in-person checks of cells or groups of cells   confining at-risk individuals; and                (20)  adopt reasonable rules and procedures   establishing minimum standards for the quantity and quality of   feminine hygiene products, including tampons in regular and large   sizes and menstrual pads with wings in regular and large sizes,   provided to a female prisoner.          SECTION 5.05.  Section 521.201, Transportation Code, is   amended to read as follows:          Sec. 521.201.  LICENSE INELIGIBILITY IN GENERAL. The   department may not issue any license to a person who:                (1)  is under 15 years of age;                (2)  is under 18 years of age unless the person complies   with the requirements imposed by Section 521.204;                (3)  is shown to be addicted to the use of alcohol, a   controlled substance, or another drug that renders a person   incapable of driving;                (4)  holds a driver's license issued by this state or   another state or country that is revoked, canceled, or under   suspension;                (5)  has been determined by a judgment of a court to be   totally incapacitated or incapacitated to act as the operator of a   motor vehicle unless the person has, by the date of the license   application, been:                      (A)  restored to capacity by judicial decree; or                      (B)  released from a hospital for the mentally   incapacitated on a certificate by the superintendent or   administrator of the hospital that the person has regained   capacity;                (6)  the department determines to be afflicted with a   mental or physical disability or disease that prevents the person   from exercising reasonable and ordinary control over a motor   vehicle while operating the vehicle on a highway, except that a   person may not be refused a license because of a physical defect if   common experience shows that the defect does not incapacitate a   person from safely operating a motor vehicle;                (7)  has been reported by a court under Section   521.3452 for failure to appear unless the court has filed an   additional report on final disposition of the case; or                (8)  has been reported by a court for failure to appear   or default in payment of a fine for a misdemeanor that is not   covered under Subdivision (7) and that is punishable by a fine only,   including a misdemeanor under a municipal ordinance, committed by a   person who was under 18 [17] years of age at the time of the alleged   offense, unless the court has filed an additional report on final   disposition of the case.          SECTION 5.06.  Section 65.251(b), Family Code, and Section   521.201, Transportation Code, as amended by this article, apply   only to an offense committed or conduct that occurred on or after   September 1, 2023. An offense committed or conduct that occurred   before September 1, 2023, is governed by the law in effect on the   date the offense was committed or the conduct occurred, and the   former law is continued in effect for that purpose. For purposes of   this section, an offense was committed or conduct occurred before   September 1, 2023, if any element of the offense or conduct occurred   before that date.   ARTICLE 6. EFFECTIVE DATE          SECTION 6.01.  This Act takes effect September 1, 2023.