1. (a) Prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a juvenile from commitment to TJJD.

2. (b) The requirement in subsection (a) does not apply if:

   1. (1) the youth has committed conduct that is eligible for a determinate sentence under §51.031 or §53.045, Family Code, whether or not the petition was approved by the grand jury;
   2. (2) the youth has been previously placed and discharged within the last year from a post-adjudication secure juvenile correctional facility;
   3. (3) the juvenile has been previously committed to TJJD;
   4. (4) the youth is at least 17 years of age on the date of disposition or modification of disposition; or
   5. (5) a juvenile probation department is not recommending commitment.

Source Note:The provisions of this §341.304 adopted to be effective October 15, 2024, 49 TexReg 7934.