| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to truancy; increasing a criminal penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 25.0915, Education Code, is amended by |
|
|
adding Subsection (a-5) and amending Subsection (b) to read as |
|
|
follows: |
|
|
(a-5) If a school district previously imposed truancy |
|
|
prevention measures on a student and the student, in a succeeding |
|
|
school year, engages in conduct described by Section 65.003(a), |
|
|
Family Code, the school district may refer the student to truancy |
|
|
court without again imposing truancy prevention measures. |
|
|
(b) Each referral to truancy court for conduct described by |
|
|
Section 65.003(a), Family Code, must: |
|
|
(1) be accompanied by a statement from the student's |
|
|
school certifying that: |
|
|
(A) the school applied, or has applied in a prior |
|
|
school year, the truancy prevention measures adopted under |
|
|
Subsection (a) or (a-4) to the student; and |
|
|
(B) the truancy prevention measures failed to |
|
|
meaningfully address the student's school attendance; and |
|
|
(2) specify whether the student is eligible for or |
|
|
receives special education services under Subchapter A, Chapter 29. |
|
|
SECTION 2. Section 25.093, Education Code, is amended by |
|
|
amending Subsection (c) and adding Subsection (g-1) to read as |
|
|
follows: |
|
|
(c) An offense under Subsection (a) is a misdemeanor, |
|
|
punishable by fine only, in an amount not to exceed: |
|
|
(1) $400 [$100] for a first offense; |
|
|
(2) $500 [$200] for a second offense; |
|
|
(3) $600 [$300] for a third offense; |
|
|
(4) $700 [$400] for a fourth offense; or |
|
|
(5) $800 [$500] for a fifth or subsequent offense. |
|
|
(g-1) The court shall dismiss a fine imposed under this |
|
|
section if the parent presents the court with proof that the child |
|
|
has: |
|
|
(1) reached the age of 21; |
|
|
(2) graduated from high school or received the |
|
|
equivalent of a high school diploma; or |
|
|
(3) enlisted in the armed forces of the United States. |
|
|
SECTION 3. Subchapter C, Chapter 25, Education Code, is |
|
|
amended by adding Section 25.096 to read as follows: |
|
|
Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school |
|
|
district shall annually submit a report to the agency that |
|
|
includes, for the preceding school year, the following information |
|
|
disaggregated by campus and grade: |
|
|
(1) the number of students: |
|
|
(A) who failed to attend school without excuse |
|
|
for 10 or more days or parts of days within a six-month period in the |
|
|
same school year; |
|
|
(B) for whom the district initiated a truancy |
|
|
prevention measure; and |
|
|
(C) for whom the district made a referral to |
|
|
truancy court; and |
|
|
(2) the number of parents of students against whom a |
|
|
complaint has been filed under Section 25.093. |
|
|
SECTION 4. Subchapter E-1, Chapter 411, Government Code, is |
|
|
amended by adding Section 411.0737 to read as follows: |
|
|
Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT |
|
|
CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a |
|
|
person who is convicted of an offense under Section 25.093, |
|
|
Education Code. |
|
|
(b) Notwithstanding any other provision of this subchapter |
|
|
or Subchapter F, a person described by Subsection (a) may petition |
|
|
the court that imposed the sentence for an order of nondisclosure of |
|
|
criminal history record information under this section, regardless |
|
|
of whether the person has paid all fines and costs imposed. |
|
|
(c) After notice to the state, an opportunity for a hearing, |
|
|
and a determination that the person is entitled to file the petition |
|
|
described by Subsection (b) and that issuance of an order of |
|
|
nondisclosure of criminal history record information is in the best |
|
|
interest of justice, the court shall issue an order prohibiting |
|
|
criminal justice agencies from disclosing to the public criminal |
|
|
history record information related to the offense for which the |
|
|
person was convicted. |
|
|
(d) A person may petition the court that imposed the |
|
|
sentence for an order of nondisclosure of criminal history record |
|
|
information under this section only on or after the date on which: |
|
|
(1) the person completed payment of all fines and |
|
|
costs imposed under Section 25.093, Education Code; or |
|
|
(2) the child that the person failed to require to |
|
|
attend school: |
|
|
(A) reaches the age of 21; |
|
|
(B) graduates from high school or receives the |
|
|
equivalent of a high school diploma; or |
|
|
(C) enlists in the armed forces of the United |
|
|
States. |
|
|
SECTION 5. Section 411.074, Government Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) This section does not apply to a person who petitions |
|
|
for an order of nondisclosure under Section 411.0737. |
|
|
SECTION 6. Section 25.0915, Education Code, as amended by |
|
|
this Act, applies beginning with the 2023-2024 school year. |
|
|
SECTION 7. The changes in law made by this Act to Section |
|
|
25.093, Education Code, apply only to an offense committed on or |
|
|
after the effective date of this Act. An offense committed before |
|
|
the effective date of this Act is governed by the law in effect on |
|
|
the date the offense was committed, and the former law is continued |
|
|
in effect for that purpose. For purposes of this section, an |
|
|
offense was committed before the effective date of this Act if any |
|
|
element of the offense occurred before that date. |
|
|
SECTION 8. Not later than December 1, 2024, each school |
|
|
district shall submit to the Texas Education Agency the first |
|
|
attendance report required under Section 25.096, Education Code, as |
|
|
added by this Act. |
|
|
SECTION 9. This Act takes effect September 1, 2023. |