By: Averitt H.B. No. 359
72S40563 CMB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of school attendance officers.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 21.039(c), Education Code, is amended to
1-5 read as follows:
1-6 (c) A school attendance officer shall not forcibly take
1-7 corporal custody of a <any> child under the age of 10 years
1-8 <anywhere> without permission of the parent, guardian, or other
1-9 person standing in parental relation to the child except in
1-10 obedience to a valid process issued by a court of competent
1-11 jurisdiction. A school attendance officer may forcibly take
1-12 corporal custody of a child 10 years of age or older without the
1-13 permission of the parent, guardian, or other person standing in
1-14 parental relation to the child for the limited purpose of returning
1-15 the child to the child's residence or to the school in which the
1-16 child is enrolled or in obedience to a valid process issued by a
1-17 court of competent jurisdiction.
1-18 SECTION 2. The importance of this legislation and the
1-19 crowded condition of the calendars in both houses create an
1-20 emergency and an imperative public necessity that the
1-21 constitutional rule requiring bills to be read on three several
1-22 days in each house be suspended, and this rule is hereby suspended,
1-23 and that this Act take effect and be in force from and after its
1-24 passage, and it is so enacted.