73R2971 JMM-F
          By Shields, Hill, et al.                               H.B. No. 586
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to truancy proceedings in certain justice courts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 54.021(a), Family Code, is amended to
    1-5  read as follows:
    1-6        (a)  The juvenile court may waive its exclusive original
    1-7  jurisdiction and transfer a child to an appropriate justice court
    1-8  designated by the juvenile court for disposition in the manner
    1-9  provided by Subsection (b) of this section if the child is alleged
   1-10  to have engaged in conduct described in Section 51.03(b)(2) of this
   1-11  code.  A waiver of jurisdiction under this subsection may be for an
   1-12  individual case or for all cases in which a child is alleged to
   1-13  have engaged in conduct described in Section 51.03(b)(2) of this
   1-14  code.  The waiver of a juvenile court's exclusive original
   1-15  jurisdiction for all cases in which a child is alleged to have
   1-16  engaged in conduct described in Section 51.03(b)(2) of this code is
   1-17  effective for a period specified by the juvenile court not to
   1-18  exceed  one year.
   1-19        SECTION 2.  Section 21.039(a), Education Code, is amended to
   1-20  read as follows:
   1-21        (a)  A school attendance officer shall have the following
   1-22  powers and duties:
   1-23              (1)  to investigate all cases of unexcused absences
   1-24  from school;
    2-1              (2)  to administer oaths and to serve legal process;
    2-2              (3)  to enforce the provisions of the compulsory
    2-3  attendance law;
    2-4              (4)  to keep records of all cases of any kind
    2-5  investigated by him in the discharge of his duties;
    2-6              (5)  to make all reports of his work required of him by
    2-7  the commissioner of education; and
    2-8              (6)  to refer to a juvenile court or to a justice court
    2-9  designated by a juvenile court if the juvenile court has waived
   2-10  jurisdiction as provided by Section 54.021(a), Family Code, any
   2-11  truant pupil who has unexcused voluntary absences for the amount of
   2-12  time specified under Section 51.03(b)(2), Family Code, or to file a
   2-13  complaint against any recalcitrant person having parental control
   2-14  as provided in Section 4.25 of this code.
   2-15        SECTION 3.  This Act takes effect September 1, 1993.
   2-16        SECTION 4.  The change in law made by this Act applies only
   2-17  if the final absence that makes Section 51.03(b)(2), Family Code,
   2-18  applicable to a child's conduct occurs on or after the effective
   2-19  date of this Act.
   2-20        SECTION 5.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency   and   an   imperative   public   necessity   that   the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.
   2-25                       COMMITTEE AMENDMENT NO. 1
   2-26        Amend H.B. 586 as follows:
   2-27        (1)  on page 1, line 16, between "code" and "is", insert the
    3-1  following:  "must provide for the transfer of those cases to all
    3-2  appropriate justice courts in the county and";
    3-3        (2)  on page 2, line 8, after "justice court", insert the
    3-4  following:  "in the precinct in which the child resides";
    3-5        (3)  on page 2, line 10, after "Code,", insert the
    3-6  following:  "for that justice court".
    3-7                                                            Schechter