Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:
the child who engaged in the conduct has at least two previous final adjudications as having engaged in delinquent conduct violating a penal law of the grade of felony;
the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and
all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.
For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Juvenile Justice Department.
An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.Added by Acts 1995, 74th Leg., ch. 262, Sec. 5, eff. Jan. 1, 1996. Amended by Acts 1997, 75th Leg., ch. 1086, Sec. 2, eff. Sept. 1, 1997.Amended by:Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 39, eff. September 1, 2015.