87R15889 ADM-D     By: Wu H.B. No. 1193     Substitute the following for H.B. No. 1193:     By:  Talarico C.S.H.B. No. 1193       A BILL TO BE ENTITLED   AN ACT   relating to the jurisdiction of a juvenile court over certain   persons and to the sealing and nondisclosure of certain juvenile   records.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 18 or 19 years of age, as applicable;                (2)  the proceeding is not complete before the   respondent becomes 18 or 19 years of age, as applicable; and                (3)  the court enters a finding in the proceeding that:                      (A)  the prosecuting attorney exercised due   diligence in an attempt to complete the proceeding before the   respondent became 18 or 19 years of age, as applicable; or                      (B)  the proceeding has been delayed through no   fault of the state.          SECTION 2.  Section 58.256, Family Code, is amended by   amending Subsections (d) and (e) and adding Subsection (f) to read   as follows:          (d)  A court may not order the sealing of the records of a   person who:                (1)  received a determinate sentence and was   transferred to district court under Section 54.051 or 54.11 [for   engaging in:                      [(A)  delinquent conduct that violated a penal law   listed under Section 53.045; or                      [(B)  habitual felony conduct as described by   Section 51.031];                (2)  is currently required to register as a sex   offender under Chapter 62, Code of Criminal Procedure; or                (3)  was committed to the Texas Juvenile Justice   Department or to a post-adjudication secure correctional facility   under former Section 54.04011, unless the person has been   discharged from the agency to which the person was committed.          (e)  Except as provided by Subsection (f), on [On] receipt of   an application under this section, the court may:                (1)  order the sealing of the person's records   immediately, without a hearing; or                (2)  hold a hearing under Section 58.257 at the court's   discretion to determine whether to order the sealing of the   person's records.          (f)  On receipt of an application under this section from a   person who received a determinate sentence and was not transferred   to a district court under Section 54.051 or 54.11, the court shall   hold a hearing under Section 58.257 to determine whether it is in   the best interest of the person and of justice to order the sealing   of the person's records and may order the records to be sealed.          SECTION 3.  The changes in law made by this Act apply only to   conduct violating a penal law of this state that occurs on or after   the effective date of this Act. Conduct violating a penal law of   this state that occurs before the effective date of this Act is   governed by the law in effect on the date the conduct occurred, and   the former law is continued in effect for that purpose. For   purposes of this section, conduct occurred before the effective   date of this Act if any element of the conduct occurred before that   date.          SECTION 4.  This Act takes effect September 1, 2021.