By: Carona H.B. No. 10
73R646 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of an offense for truancy of youths at least
1-3 17 years of age.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 4.25(a), (b), and (d), Education Code,
1-6 are amended to read as follows:
1-7 (a) If any parent or person standing in parental relation to
1-8 a child, within the compulsory school attendance ages and not
1-9 lawfully exempt or properly excused from school attendance, fails
1-10 to require such child to attend school for such periods as required
1-11 by law, it shall be the duty of the proper attendance officer to
1-12 warn, in writing, the parent or person standing in parental
1-13 relation that attendance must be immediately required. If after
1-14 this warning the parent or person standing in parental relation
1-15 intentionally, knowingly, recklessly, or with criminal negligence
1-16 fails to require the child to attend school as required by law, the
1-17 parent or person standing in parental relation commits an offense.
1-18 If a person who is at least 17 years of age and who is not lawfully
1-19 exempt or properly excused from school attendance fails to attend
1-20 school as required by law, the attendance officer shall warn the
1-21 person in writing that attendance is immediately required. If
1-22 after this warning the person intentionally, knowingly, recklessly,
1-23 or with criminal negligence fails to attend school as required by
1-24 law, the person commits an offense. The attendance officer shall
2-1 file a complaint against a person who commits an offense under this
2-2 section <him> in the county court, in the justice court of his
2-3 resident precinct, or in the municipal court of the municipality in
2-4 which he resides or in the municipality or justice of the peace
2-5 precinct in which the school is located. In addition, if the child
2-6 has been voluntarily absent from school for 10 or more days or
2-7 parts of days within a six-month period or three or more days or
2-8 parts of days within a four-week period without the consent of his
2-9 parents, the attendance officer shall refer the child to the county
2-10 juvenile probation department for action as conduct indicating a
2-11 need for supervision under Section 51.03(b), Family Code. A court
2-12 in which a complaint is filed under this subsection shall give
2-13 preference to a hearing on the complaint over other cases before
2-14 the court. An offense under this section is punishable by a fine
2-15 of not less than $5 nor more than $25 for the first offense, not
2-16 less than $10 nor more than $50 for the second offense, and not
2-17 less than $25 nor more than $100 for a subsequent offense. Each
2-18 day the child remains out of school after the warning has been
2-19 given to the child's parent or person standing in parental relation
2-20 to the child or after the child is ordered to school by the
2-21 juvenile court may constitute a separate offense of the parent or
2-22 person standing in parental relation. Each day a person who is at
2-23 least 17 years of age and who is not lawfully exempt or properly
2-24 excused from school attendance remains out of school after the
2-25 warning has been given to the person constitutes a separate offense
2-26 of the person. If the court probates the sentence, the court may
2-27 require the defendant to render personal services to a charitable
3-1 or educational institution as a condition of probation.
3-2 (b) It is a defense to prosecution under Subsection (a) of
3-3 this section against a parent or person standing in parental
3-4 relation to the child that the parent or person standing in
3-5 parental relation to the child is unable to compel the child to
3-6 attend school.
3-7 (d) The court in which a conviction occurs for an offense
3-8 under this section committed by a parent or person standing in
3-9 parental relation to the child <occurs> may order the defendant to
3-10 attend a class provided under Section 21.035(h) of this code if the
3-11 school district in which the person resides offers a class under
3-12 that section.
3-13 SECTION 2. The change in law made by this Act applies only
3-14 to an offense for which the warning required by Section 4.25(a),
3-15 Education Code, as amended by this Act, is given on or after the
3-16 effective date of this Act.
3-17 SECTION 3. This Act takes effect September 1, 1993.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.