REFERRAL OF DETERMINATE SENTENCE OFFENDERS FOR TRANSFER

(a) After a child sentenced to commitment under Section 54.04 (d)(3), 54.04 (m), or 54.05 (f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department may refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:

(1) the child has not completed the sentence; and

(2) the child's conduct, regardless of whether the child was released under supervision under Section 245.051 , indicates that the welfare of the community requires the transfer.

(a-1) After a child sentenced to commitment under Section 54.04 (d)(3), 54.04 (m), or 54.05 (f), Family Code, becomes 16 years of age but before the child becomes 19 years of age, the department shall refer the child to the juvenile court that entered the order of commitment for approval of the child's transfer to the Texas Department of Criminal Justice for confinement if:

(1) the child has not completed the sentence;

(2) while the child was committed to the custody of the department, the child was subsequently adjudicated or convicted for conduct constituting a felony of the first or second degree or an offense punishable under Section 22.01 (b)(1), Penal Code; and

(3) the child was at least 16 years of age at the time the conduct occurred.