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In any case where the court shall award any “dependent child” to the care of any individual or institution in accordance with the provisions of this act, the child, unless otherwise ordered, shall become a ward and be subject to the guardianship of the institution or individual to whose care it is committed. Such institution or individual shall, with the consent of the court, have authority to place such child in a suitable family home the head of such family being responsible for the maintenance and education of said child. Any institution or individual receiving any such child under the order of the court shall be subject to visitation or inspection by any person appointed by the court for such purpose, and the court may at any time require from any institution or person a report containing such information as the court shall deem proper or necessary, to be fully advised as to the care, education, maintenance and moral and physical training of the child, as well as the standing and ability of such institution or individual to care for such child. The court may change the guardianship of such child if at any time it is made to appear to the court such change is to the best interest of the child. If, in the opinion of the court, the causes of the dependency of any child may be removed under such conditions or supervisions for its care, protection and maintenance as may be imposed by the court, so long as it shall be for its best interests, the child may be permitted to remain in its own home and under the care and control of its own parent, parents or guardian, subject to the jurisdiction and direction of the court, and when it shall appear to the court that it is no longer to the best interests of such child to remain with such parents or guardian the court may proceed to a final disposition of the case.
SEC. 8. The fact that there is now no law making proper provisions for the care and treatment of dependent and neglected children creates an emergency and an imperative public necessity justifying and requiring the suspension of the constitutional rule which requires bills to be read on three several days and said rule is hereby suspended and this act shall take effect and go into force upon its passage and it is so enacted.
Approved April 5, 1907.
DELINQUENT CHILD-DEFINING SAME.
H. B. No. 206.]
CHAPTER LXV. An Act to define "delinquent child,” and to regulate the treatment and control
SECTION 1. Be it enacted by the Legislature of the State of Texas: The words “delinquent child” shall include any child under sixteen years of age who violates any laws of this State, or any city ordinance; or who is incorrigible; or who knowingly associates with thieves, vicous or immoral persons, or who knowingly visits a house of ill repute; or who knowingly patronizes or visits any place where any gambling device is or shall be operated; or who patronizes any saloon or place where any intoxicating liquors are sold; or who wanders about the streets in the night time without being on any business or occupation; or whọ habitually wanders about any railroad yards or tracks; or who habitually jumps on or off of any moving train, or enters any car or engine without lawful authority; or who habitually uses vile, obscene, vulgar, profane or indecent language; or who is guilty of immoral conduct in any public place. Any child committing any of the acts herein mentioned shall be deemed a "delinquent child," and shall be proceeded against as such in the manner hereinafter provided. A disposition of any child under this Act or any evidence given in such case, shall not in any civil, criminal or other cause or proceeding whatever in any court be lawful or proper evidence against such child for any purpose whatever except in subsequent cases against the same child under this act.
SEC. 2. The county and district courts of the several counties of this State shall have jurisdiction in all cases coming within the terms and provisions of this act. In all trials under this act any person interested therein may de rand 2 jury or the judge of his own motion may order a jury to try the case. The findings of the court shall be entered in a book to be kept for that purpose, known as the “Juvenile Record,” and the court when lisposing of cases under this act may for conven:ence be called the "Juvenile Court."
Sec. 3. All proceedings urder this act shall be begun by sworn complaint and information filed by the county attorney as in other cases under the laws of this State. In any such complaint and information filed under this act the act or acts claimed to have been committed by the child proceeded against, shall in a general way be stated therein as constituting such child a "delinquent child."
SEC. 4. Upon filing of complaint under this act, warrant or capias may issue as in other cases, but no incarceration of the child proceeded against thereunder shall be made or had unless, in the opinion of the judge of the court, or, in the absence of the judge, then in the opinion of the sheriff or officer executing the writ, it shall be necessary to insure the attendance of such child in court at such time as shall be required. In order to avoid such incarceration it shall be the duty of the sheriff or officer executing the process to serve notice of the proceedings upon the parent or parents of the child, if living and known, or upon the child's legal guardian, or upon any person with whom the child at the time may be living, and the sheriff or officer executing the process may accept the verbal or written promise of such person so notified, or of any other proper person, to be responsible for the presence of such child at the hearing of such case, or at any other time to which the same may be adjourned or continued by the court. In case such child shall fail to appear at such time or times as the court may require, the person or persons responsible for its appearance as herein provided for, unless in the opinion of the court there shall be reasonable cause for such child to fail to appear as herein provided for, may be proceeded against as in cases in contempt of court and punished accordingly; and where any such child shall have so failed to appear, any warrant, capias or alias capias issued in such case may be executed as in other cases; provided, however, that no child within the provisions of this act shall be incarcerated in any compartment of a jail or lock-up in which persons over sixteen years of age are being kept or detained. Any suck child shall also have the right to give bond or other security for its appearance at such trial of such case and the court may appoint counsel to appear and defend on behalf of such child.
SEC. 5. The county and district courts of the various counties of this State shall at all times be deemed in session for the purpose
of disposing of cases under this act, and when any child sixteen years of age or under is arrested on any charge, with or without warrant, such child, instead of being taken before a justice of the peace or any police court, shall be taken directly before the county or district court, or, if the child should be taken before a justice of the peace or a police court upon a complaint sworn out in such court or for any other reason, it shall be the duty of such justice of the peace or city judge to transfer the case to said county or district court, and in any such case the court may hear and proceed to dispose of the case in the same manner as if such child had been brought before the court upon information originally filed as herein provided.
Sec. 6. The county judges of the several counties of this State shall have authority to appoint one or more discreet persons of good moral character who are willing to perform the services as such, to serve as probation officer during the pleasure of the court. Such probation officer or officers shall serve without compensation. If practicable the court or the clerk of the court shall notify such probation officer or officers when any child is to be brought before the court; such probation officer shall have the authority and it shall be his duty to make investigation of all cases referred to him as such officer by the court, to be present in court and to represent the interests of the child when the case is heard, to furnish to the court such information and assistance as the court may require, and to take charge of any child before and after the trial, and to perform such other services for the child as may be required by the court.
SEC. 7. In any case of "delinquent child," coming under the provisions of this act the court may continue the hearing from time to time, and may commit the child to the care of a probation officer or to the care or custody of any other proper person, and may allow said child to remain in its own home subject to the visitation of the probation officer or other person designated by the court, or under any other conditions that may seem proper and be imposed by the court; or the court may cause the child to be placed in the home of a suitable family under such conditions as may be imposed by the court, or it may authorize the child to be boarded out in some suitable family in case provision is made by voluntary contribution or otherwise for the payment of the board of such child until suitable provision may be made in a home without such payment; or the court may commit it to any institution in the county that may care for children that is willing to receive it or which may be provided for by the State or county suitable for the care of such children willing to receive it, or of any State institution which may now or hereafter he established for boys or girls, willing to receive such child, or to any other institution in the State of Texas for the care of such children willing to receive it. In no case shall a child proceeded against under the provisions of this act be committed beyond the age of twenty-one. The order of the court committing such child to the care and custody of any person hereinbefore set out shall prescribe the length of time and the conditions of such commitment and such order shall be at all times subject to change by further orders of the court with reference to said child and the court shall have the power to change the custody of such child or to entirely discharge it from custody whenever in the judgment of the court it is to the best interest of the child so to do.
SEC. 8. The court or judge thereof may at any time require any institution, association or person to whose care any such child is committed to make a complete report of the care, condition and progress of such child. And such court may also require of any institution or association receiving or desiring to receive children under the provisions of this act such reports, information and statements as the court shall deem proper for its action, and the court shall in no case commit a child or children to any association or institution whose standing, conduct or care of children or ability to care for children is not satisfactory to the court.
SEC. 9. The county or district court when it deems it proper and necessary may order a child coming under the definition of this act, and which is charged with the commission of a misdemeanor, to be prosecuted under the criminal laws of this State as other persons charged with misdemeanors are prosecuted, but no child under sixteen years of age shall be so prosecuted without such order being first so entered. And after conviction of such child so prosecuted for a misdemeanor the court shall have full power to stay the execution of such judgment and to release such child on good behavior or other such orders as the court may see fit to make.
Whenever it shall appear to the district court of this State that any person being prosecuted in such court for a felony is a child under sixteen years of age, such court shall have authority to order such prosecution dismissed and to order such child to be committed to the juvenile court of the county in which such district court is being held, for such action and disposition as said juvenile court may think proper in the premises. Or the said district court may after conviction on trial of such child, suspend judgment and order the defendant released on good behavior or such other orders as in the judgment of such district court would be for the best interest of said child.
SEC. 10. This act shall be liberally construed, to the end that its purposes may be carried out; that is, that the interests of the child and its reformation shall at all times be the object in view of proceeding against it; provided, that no costs or expenses incurred in the enforcement of this act shall be paid by the State.
SEC. 11. The fact that there is now no law to regulate and control delinquent children creates an emergency and an imperative public necessity justifying and requiring the suspension of the constitutional rule, which requires bills to be read on three several days and said rule is hereby suspended and this act shall take effect and go into force upon its passage, and it is so ordered.
Approved April 5, 1907.
TAXES_FIXING RATE FOR FREE SCHOOL PURPOSES.
H. B. No. 125.]
An Act to amend Article 5047, Chapter 1, Title 104, of the Revised Civil Statutes
of 1895, relative to ad valorem taxes for free school purposes, and declaring an emergency
SECTION 1. Be it enacted by the Legislature of the State of Texas: That Article 5047, Chapter 1, Title 104, of the Revised Civil Statutes of 1895, be so amended as to hereafter read as follows:
Article 5047 (4662). There shall be levied and collected an annual ad valorem State school tax of twenty cents for the year 1907 and every year thereafter on the one hundred dollars of the cash value thereof, estimated in lawful currency of the United States, on all real property situated and all personal property owned in the State on the first day of January of each year, and all personal property sent out of the State for the purpose of avoiding the payment of taxes thereon, and afterwards returned to the State, except so inuch thereof as may be exempted by the Constitution and laws of this State or the United States, which cash value shall be estimated in the manner prescribed by law.
SEC. 2. The fact that the public free schools of the State are not now taught six months in the year, as demanded by the Constitution, and the further fact that the Democratic platform demands the repeal of the occupation taxes, which law, if enacted, will reduce the available school fund more than $240,000 annually, creates an imperative public necessity for the passage of this law and requires that the constitutional rule requiring that all bills be read on three several days be suspended, and it is hereby suspended, and it is so enacted.
[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 102, navs 0; and passed the Senate by a two-thirds vote, yeas 18, nays 7.1
Approved April 5, 1907.