By: Hill H.B. No. 681
73R1348 JMM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to truancy proceedings in certain justice courts;
1-3 providing a penalty.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 54.021, Family Code, is amended by
1-6 amending Subsections (a), (b), and (d) and adding Subsections (e),
1-7 (f), and (g) to read as follows:
1-8 (a) The juvenile court may waive its exclusive original
1-9 jurisdiction and transfer a child to an appropriate justice court
1-10 for disposition in the manner provided by Subsection (b) of this
1-11 section if the child is alleged to have engaged in conduct
1-12 described in Section 51.03(b)(2) of this code. A waiver of
1-13 jurisdiction under this subsection may be for an individual case or
1-14 for all cases in which a child is alleged to have engaged in
1-15 conduct described in Section 51.03(b)(2) of this code. The waiver
1-16 of a juvenile court's exclusive original jurisdiction for all cases
1-17 in which a child is alleged to have engaged in conduct described in
1-18 Section 51.03(b)(2) of this code is effective for a period of one
1-19 year.
1-20 (b) A justice court may exercise jurisdiction over a child
1-21 alleged to have engaged in conduct indicating a need for
1-22 supervision by engaging in conduct described in Section 51.03(b)(2)
1-23 in a case where the juvenile court has waived its original
1-24 jurisdiction under this section. A justice court may exercise
2-1 jurisdiction under this section without regard to whether the
2-2 justice of the peace for the court is a licensed attorney or the
2-3 hearing for a case is before a jury consisting of six persons.
2-4 (d) On a finding by the justice court that the child has
2-5 engaged in truant conduct and that the conduct is of a recurrent
2-6 nature, the court may enter an order that includes one or more of
2-7 the following provisions requiring that:
2-8 (1) the child attend a preparatory class for the high
2-9 school equivalency examination provided under Section 11.35,
2-10 Education Code, if the court determines that the child is too old
2-11 to do well in a formal classroom environment;
2-12 (2) the child attend a special program that the court
2-13 determines to be in the best interests of the child, including an
2-14 alcohol and drug abuse program;
2-15 (3) the child and the child's parents, managing
2-16 conservator, or guardian attend a class for students at risk of
2-17 dropping out of school designed for both the child and the child's
2-18 parents, managing conservator, or guardian;
2-19 (4) the child complete reasonable community service
2-20 requirements; <or>
2-21 (5) the child's driver's license be suspended in the
2-22 manner provided by Section 54.042 of this code;
2-23 (6) the child attend school without unexcused
2-24 absences; or
2-25 (7) the child participate in a tutorial program
2-26 provided by the school attended by the child in the academic
2-27 subjects in which the child is enrolled for a total number of hours
3-1 ordered by the court.
3-2 (e) A school attendance officer may refer a child alleged to
3-3 have engaged in conduct described in Section 51.03(b)(2) of this
3-4 code to the justice court in the precinct where the child resides
3-5 if the juvenile court having exclusive original jurisdiction has
3-6 waived its jurisdiction as provided by Subsection (a) of this
3-7 section for all cases involving conduct described by Section
3-8 51.03(b)(2) of this code.
3-9 (f) A court having jurisdiction under this section shall
3-10 endorse on the summons issued to the parent, guardian, or custodian
3-11 of the child who is the subject of the hearing an order directing
3-12 the parent, guardian, or custodian to appear personally at the
3-13 hearing and directing the person having custody of the child to
3-14 bring the child to the hearing.
3-15 (g) A person commits an offense if the person is a parent,
3-16 guardian, or custodian who fails to attend a hearing under this
3-17 section after receiving notice under Subsection (f) of this section
3-18 that the person's attendance was required. An offense under this
3-19 subsection is a Class C misdemeanor.
3-20 SECTION 2. Section 21.039(a), Education Code, is amended to
3-21 read as follows:
3-22 (a) A school attendance officer shall have the following
3-23 powers and duties:
3-24 (1) to investigate all cases of unexcused absences
3-25 from school;
3-26 (2) to administer oaths and to serve legal process;
3-27 (3) to enforce the provisions of the compulsory
4-1 attendance law;
4-2 (4) to keep records of all cases of any kind
4-3 investigated by him in the discharge of his duties;
4-4 (5) to make all reports of his work required of him by
4-5 the commissioner of education; and
4-6 (6) to refer to a juvenile court or to a justice court
4-7 if the juvenile court has waived jurisdiction as provided by
4-8 Section 54.021(a), Family Code, any truant pupil who has unexcused
4-9 voluntary absences for the amount of time specified under Section
4-10 51.03(b)(2), Family Code, or to file a complaint against any
4-11 recalcitrant person having parental control as provided in Section
4-12 4.25 of this code.
4-13 SECTION 3. This Act takes effect September 1, 1993.
4-14 SECTION 4. (a) The change in law made by this Act applies
4-15 only if the final absence that makes Section 51.03(b)(2), Family
4-16 Code, applicable to a child's conduct occurs on or after the
4-17 effective date of this Act.
4-18 (b) The change in law made by Section 54.021(g), Family
4-19 Code, as added by this Act, applies only to an offense committed on
4-20 or after the effective date of this Act. For purposes of this
4-21 section, an offense is committed before the effective date of this
4-22 Act if every element of the offense occurs before the effective
4-23 date.
4-24 (c) An offense committed before the effective date of this
4-25 Act is covered by the law in effect at the time the offense was
4-26 committed, and the former law is continued in effect for that
4-27 purpose.
5-1 SECTION 5. The importance of this legislation and the
5-2 crowded condition of the calendars in both houses create an
5-3 emergency and an imperative public necessity that the
5-4 constitutional rule requiring bills to be read on three several
5-5 days in each house be suspended, and this rule is hereby suspended.