Tex. Fam. Code Section 54.046
Conditions of Probation for Damaging Property with Graffiti


(a)

If a juvenile court places on probation under Section 54.04 (Disposition Hearing)(d) a child adjudicated as having engaged in conduct in violation of Section 28.08 (Graffiti), Penal Code, in addition to other conditions of probation, the court:

(1)

shall order the child to:

(A)

reimburse the owner of the property for the cost of restoring the property; or

(B)

with consent of the owner of the property, restore the property by removing or painting over any markings made by the child on the property; and

(2)

if the child made markings on public property, a street sign, or an official traffic-control device in violation of Section 28.08 (Graffiti), Penal Code, shall order the child to:

(A)

make to the political subdivision that owns the public property or erected the street sign or official traffic-control device restitution in an amount equal to the lesser of the cost to the political subdivision of replacing or restoring the public property, street sign, or official traffic-control device; or

(B)

with the consent of the political subdivision, restore the public property, street sign, or official traffic-control device by removing or painting over any markings made by the child on the property, sign, or device.

(a-1)

For purposes of Subsection (a), “official traffic-control device” has the meaning assigned by Section 541.304 (Traffic Control), Transportation Code.

(b)

In addition to a condition imposed under Subsection (a), the court may require the child as a condition of probation to attend a class with instruction in self-responsibility and empathy for a victim of an offense conducted by a local juvenile probation department.

(c)

If a juvenile court orders a child to make restitution under Subsection (a) and the child, child’s parent, or other person responsible for the child’s support is financially unable to make the restitution, the court may order the child to perform a specific number of hours of community service, in addition to the hours required under Subsection (d), to satisfy the restitution.

(d)

If a juvenile court places on probation under Section 54.04 (Disposition Hearing)(d) a child adjudicated as having engaged in conduct in violation of Section 28.08 (Graffiti), Penal Code, in addition to other conditions of probation, the court shall order the child to perform:

(1)

at least 15 hours of community service if the amount of pecuniary loss resulting from the conduct is $50 or more but less than $500; or

(2)

at least 30 hours of community service if the amount of pecuniary loss resulting from the conduct is $500 or more.

(e)

The juvenile court shall direct a child ordered to make restitution under this section to deliver the amount or property due as restitution to a juvenile probation department for transfer to the owner. The juvenile probation department shall notify the juvenile court when the child has delivered the full amount of restitution ordered.
Added by Acts 1997, 75th Leg., ch. 593, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1053 (H.B. 2151), Sec. 4, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 639 (H.B. 1633), Sec. 3, eff. September 1, 2009.

Source: Section 54.046 — Conditions of Probation for Damaging Property with Graffiti, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­54.­htm#54.­046 (accessed Jun. 5, 2024).

54.01
Detention Hearing
54.02
Waiver of Jurisdiction and Discretionary Transfer to Criminal Court
54.03
Adjudication Hearing
54.04
Disposition Hearing
54.05
Hearing to Modify Disposition
54.07
Enforcement of Order
54.08
Public Access to Court Hearings
54.09
Recording of Proceedings
54.10
Hearings Before Referee
54.011
Detention Hearings for Status Offenders and Nonoffenders
54.11
Release or Transfer Hearing
54.012
Remote Conduct of Detention Hearing
54.021
Services Provided to Child in Detention Facility Pending Criminal Prosecution
54.031
Hearsay Statement of Certain Abuse Victims
54.032
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Court Program
54.033
Sexually Transmitted Disease, Aids, and Hiv Testing
54.034
Limited Right to Appeal: Warning
54.041
Orders Affecting Parents and Others
54.042
License Suspension
54.043
Monitoring School Attendance
54.044
Community Service
54.045
Admission of Unadjudicated Conduct
54.046
Conditions of Probation for Damaging Property with Graffiti
54.047
Alcohol or Drug Related Offense
54.048
Restitution
54.049
Conditions of Probation for Desecrating a Cemetery or Abusing a Corpse
54.051
Transfer of Determinate Sentence Probation to Appropriate District Court
54.052
Credit for Time Spent in Detention Facility for Child with Determinate Sentence
54.0325
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Teen Dating Violence Court Program
54.0326
Deferral of Adjudication and Dismissal of Certain Cases on Completion of Trafficked Persons Program
54.0401
Community-based Programs
54.0404
Electronic Transmission of Certain Visual Material Depicting Minor: Educational Programs
54.0405
Child Placed on Probation for Conduct Constituting Sexual Offense
54.0406
Child Placed on Probation for Conduct Involving a Handgun
54.0407
Cruelty to Animals: Counseling Required
54.0408
Referral of Child Exiting Probation to Mental Health Authority or Intellectual and Developmental Disability Authority
54.0409
Dna Sample Required on Certain Felony Adjudications
54.0481
Restitution for Damaging Property with Graffiti
54.0482
Treatment of Restitution Payments
54.0491
Gang-related Conduct
54.04012
Trafficked Persons Program
54.04013
Special Commitment to Texas Juvenile Justice Department

Accessed:
Jun. 5, 2024

§ 54.046’s source at texas​.gov