(a) Habitual felony conduct is conduct violating a penal law of the grade of felony, other than a state jail felony, if:
(1) 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;
(2) the second previous final adjudication is for conduct that occurred after the date the first previous adjudication became final; and
(3) all appeals relating to the previous adjudications considered under Subdivisions (1) and (2) have been exhausted.
(b) For purposes of this section, an adjudication is final if the child is placed on probation or committed to the Texas Juvenile Justice Department.

Attorney's Note

Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
State jail felonybetween 180 days and 2 yearsup to $10,000
For details, see Texas Penal Code § 12.35
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Terms Used In Texas Family Code 51.031

  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.

(c) An adjudication based on conduct that occurred before January 1, 1996, may not be considered in a disposition made under this section.