Highlights of the 79th Texas Legislature - Senate

JURISPRUDENCE
Prohibits a defendant from being eligible for community supervision under Section 4(d), Article 42.12, Code of
Criminal Procedure, if the defendant is convicted of a state jail felony for which suspension of the imposition of the
sentence occurs automatically under Section 15(a), Penal Code.
Deletes the existing exception to this section authorizing a judge to impose on the defendant a condition that the
defendant submit to a period of confinement in a county jail if the term does not exceed 90 days.
Child Support Payment to Individual with Primary Possession—H.B. 2231
By Representative Reyna—Senate Sponsors: Senators Deuell and Zaffirini
The United States Census Bureau estimates that there are more than four million children in the United States living
in homes in which a grandparent is the primary caregiver. In many cases, the parents of these children are receiving
child support payments, but may not be forwarding the support payments to the grandparents or other caretakers of
the children. This bill:
Requires a court to modify an order providing for the support of the child to allow the person who has physical
possession of the child for at least six months to receive the child support to financially care for the child's needs.
Rights of Person in Mental Health Court Program—H.B. 2518
By Representative Coleman et al.—Senate Sponsor: Senator Duncan
The 78th Legislature, Regular Session, 2003, enacted legislation encouraging the development of mental health
courts to process criminal cases involving individuals with mental illness and attempting to divert those individuals
away from the criminal justice system and into effective treatment. This bill:
Requires a mental health court program to:
• Permit persons to choose whether to proceed through the mental health court program or the regular
criminal justice system;
• Allow participants to withdraw from the mental health court program at any time before a trial;
• Provide participants with court-ordered individualized treatment plans; and
• Ensure that the jurisdiction of the mental health court extends at least six months, but cannot exceed the
probationary period for the offense charged.
Civil Liability for Providing Alcohol to a Minor—H.B. 2868
By Representative Frost et al.—Senate Sponsor: Hinojosa
Under current law, an adult who provides alcoholic beverage to a minor cannot be held responsible for damages
resulting from the minor's intoxication. This bill:
Provides that an adult 21 years of age or older is liable for damages proximately caused by the intoxication of a minor
under the age of 18 if adult is not the minor's parent, guardian, or spouse, and the adult knowingly:
• served or provided alcoholic beverages to the minor; or
HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 165