By: Shields H.B. No. 586
73R2971 JMM-F
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.