1-1 By: Hill, Shields (Senate Sponsor - Wentworth) H.B. No. 681
1-2 (In the Senate - Received from the House April 1, 1993;
1-3 April 5, 1993, read first time and referred to Committee on
1-4 Jurisprudence; April 20, 1993, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to truancy; providing a penalty.
1-18 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-19 SECTION 1. Section 54.021, Family Code, is amended by
1-20 amending Subsections (a), (b), and (d) and adding Subsections (e),
1-21 (f), (g), and (h) to read as follows:
1-22 (a) The juvenile court may waive its exclusive original
1-23 jurisdiction and transfer a child to an appropriate justice court,
1-24 with the permission of the justice court, for disposition in the
1-25 manner provided by Subsection (b) of this section if the child is
1-26 alleged to have engaged in conduct described in Section 51.03(b)(2)
1-27 of this code. A waiver of jurisdiction under this subsection may
1-28 be for an individual case or for all cases in which a child is
1-29 alleged to have engaged in conduct described in Section 51.03(b)(2)
1-30 of this code. The waiver of a juvenile court's exclusive original
1-31 jurisdiction for all cases in which a child is alleged to have
1-32 engaged in conduct described in Section 51.03(b)(2) of this code is
1-33 effective for a period of one year.
1-34 (b) A justice court may exercise jurisdiction over a child
1-35 alleged to have engaged in conduct indicating a need for
1-36 supervision by engaging in conduct described in Section 51.03(b)(2)
1-37 in a case where the juvenile court has waived its original
1-38 jurisdiction under this section. A justice court may exercise
1-39 jurisdiction under this section without regard to whether the
1-40 justice of the peace for the court is a licensed attorney or the
1-41 hearing for a case is before a jury consisting of six persons.
1-42 (d) On a finding by the justice court that the child has
1-43 engaged in truant conduct and that the conduct is of a recurrent
1-44 nature, the court may enter an order that includes one or more of
1-45 the following provisions requiring that:
1-46 (1) the child attend a preparatory class for the high
1-47 school equivalency examination provided under Section 11.35,
1-48 Education Code, if the court determines that the child is too old
1-49 to do well in a formal classroom environment;
1-50 (2) the child attend a special program that the court
1-51 determines to be in the best interests of the child, including an
1-52 alcohol and drug abuse program;
1-53 (3) the child and the child's parents, managing
1-54 conservator, or guardian attend a class for students at risk of
1-55 dropping out of school designed for both the child and the child's
1-56 parents, managing conservator, or guardian;
1-57 (4) the child complete reasonable community service
1-58 requirements; <or>
1-59 (5) the child's driver's license be suspended in the
1-60 manner provided by Section 54.042 of this code;
1-61 (6) the child attend school without unexcused
1-62 absences; or
1-63 (7) the child participate in a tutorial program
1-64 provided by the school attended by the child in the academic
1-65 subjects in which the child is enrolled for a total number of hours
1-66 ordered by the court.
1-67 (e) An order under Subsection (d) of this section is
1-68 enforceable in the justice court by contempt.
2-1 (f) A school attendance officer may refer a child alleged to
2-2 have engaged in conduct described in Section 51.03(b)(2) of this
2-3 code to the justice court in the precinct where the child resides
2-4 if the juvenile court having exclusive original jurisdiction has
2-5 waived its jurisdiction as provided by Subsection (a) of this
2-6 section for all cases involving conduct described by Section
2-7 51.03(b)(2) of this code.
2-8 (g) A court having jurisdiction under this section shall
2-9 endorse on the summons issued to the parent, guardian, or custodian
2-10 of the child who is the subject of the hearing an order directing
2-11 the parent, guardian, or custodian to appear personally at the
2-12 hearing and directing the person having custody of the child to
2-13 bring the child to the hearing.
2-14 (h) A person commits an offense if the person is a parent,
2-15 guardian, or custodian who fails to attend a hearing under this
2-16 section after receiving notice under Subsection (g) of this section
2-17 that the person's attendance was required. An offense under this
2-18 subsection is a Class C misdemeanor.
2-19 SECTION 2. Section 4.25(a), Education Code, is amended to
2-20 read as follows:
2-21 (a) If any parent or person standing in parental relation to
2-22 a child, within the compulsory school attendance ages and not
2-23 lawfully exempt or properly excused from school attendance, fails
2-24 to require such child to attend school for such periods as required
2-25 by law, it shall be the duty of the proper attendance officer to
2-26 warn, in writing, the parent or person standing in parental
2-27 relation that attendance must be immediately required. If after
2-28 this warning the parent or person standing in parental relation
2-29 intentionally, knowingly, recklessly, or with criminal negligence
2-30 fails to require the child to attend school as required by law, the
2-31 parent or person standing in parental relation commits an offense.
2-32 The attendance officer shall file a complaint against him in the
2-33 county court, in the justice court of his resident precinct, or in
2-34 the municipal court of the municipality in which he resides or in
2-35 the municipality or justice of the peace precinct in which the
2-36 school is located. In addition, if the child has been voluntarily
2-37 absent from school for 10 or more days or parts of days within a
2-38 six-month period or three or more days or parts of days within a
2-39 four-week period without the consent of his parents, the attendance
2-40 officer shall refer the child to the county juvenile probation
2-41 department for action as conduct indicating a need for supervision
2-42 under Section 51.03(b), Family Code. A court in which a complaint
2-43 is filed under this subsection shall give preference to a hearing
2-44 on the complaint over other cases before the court. An offense
2-45 under this section is a Class C misdemeanor <punishable by a fine
2-46 of not less than $5 nor more than $25 for the first offense, not
2-47 less than $10 nor more than $50 for the second offense, and not
2-48 less than $25 nor more than $100 for a subsequent offense>. Each
2-49 day the child remains out of school after the warning has been
2-50 given or the child ordered to school by the juvenile court may
2-51 constitute a separate offense. If the court probates the sentence,
2-52 the court may require the defendant to render personal services to
2-53 a charitable or educational institution as a condition of
2-54 probation.
2-55 SECTION 3. Subchapter A, Chapter 4, Education Code, is
2-56 amended by adding Section 4.251 to read as follows:
2-57 Sec. 4.251. FAILURE TO ATTEND SCHOOL. (a) A child commits
2-58 an offense if the child:
2-59 (1) is required to attend school under Section 21.032
2-60 of this code; and
2-61 (2) during six consecutive months in a school year,
2-62 fails to attend school for five or more days without an excuse as
2-63 provided by Section 21.035 of this code.
2-64 (b) An offense under this section may be prosecuted in the
2-65 justice court for the precinct in which the child resides or in
2-66 which the school is located.
2-67 (c) An offense under this section is a Class C misdemeanor.
2-68 SECTION 4. Section 21.035(g), Education Code, is amended to
2-69 read as follows:
2-70 (g) The absences of a student who returns to school as a
3-1 result of a prosecution under Section 4.25 or 4.251 of this code or
3-2 by order of a court may be excused if the student:
3-3 (1) returns to school and attends class regularly and
3-4 to the satisfaction of the district;
3-5 (2) satisfactorily completes assignments for the
3-6 period of the absence within a reasonable time determined by the
3-7 district; and
3-8 (3) passes an examination at the completion of the
3-9 class.
3-10 SECTION 5. Section 21.039(a), Education Code, is amended to
3-11 read as follows:
3-12 (a) A school attendance officer shall have the following
3-13 powers and duties:
3-14 (1) to investigate all cases of unexcused absences
3-15 from school;
3-16 (2) to administer oaths and to serve legal process;
3-17 (3) to enforce the provisions of the compulsory
3-18 attendance law;
3-19 (4) to keep records of all cases of any kind
3-20 investigated by him in the discharge of his duties;
3-21 (5) to make all reports of his work required of him by
3-22 the commissioner of education; and
3-23 (6) to refer to a juvenile court or to a justice court
3-24 if the juvenile court has waived jurisdiction as provided by
3-25 Section 54.021(a), Family Code, any truant pupil who has unexcused
3-26 voluntary absences for the amount of time specified under Section
3-27 51.03(b)(2), Family Code, or to file a complaint against any
3-28 recalcitrant person having parental control as provided in Section
3-29 4.25 of this code, or to file a complaint against a pupil for a
3-30 violation of Section 4.251 of this code.
3-31 SECTION 6. This Act takes effect September 1, 1993.
3-32 SECTION 7. (a) The change in law made by this Act applies
3-33 only if the final absence that makes Section 51.03(b)(2), Family
3-34 Code, applicable to a child's conduct occurs on or after the
3-35 effective date of this Act.
3-36 (b) The change in law made by this Act applies only to an
3-37 offense committed on or after the effective date of this Act. For
3-38 the purposes of this section, an offense is committed before the
3-39 effective date of this Act if any element of the offense occurs
3-40 before the effective date.
3-41 (c) An offense committed before the effective date of this
3-42 Act is covered by the law in effect at the time the offense was
3-43 committed, and the former law is continued in effect for that
3-44 purpose.
3-45 SECTION 8. The importance of this legislation and the
3-46 crowded condition of the calendars in both houses create an
3-47 emergency and an imperative public necessity that the
3-48 constitutional rule requiring bills to be read on three several
3-49 days in each house be suspended, and this rule is hereby suspended.
3-50 * * * * *
3-51 Austin,
3-52 Texas
3-53 April 20, 1993
3-54 Hon. Bob Bullock
3-55 President of the Senate
3-56 Sir:
3-57 We, your Committee on Jurisprudence to which was referred H.B.
3-58 No. 681, have had the same under consideration, and I am instructed
3-59 to report it back to the Senate with the recommendation that it do
3-60 pass and be printed.
3-61 Henderson,
3-62 Chairman
3-63 * * * * *
3-64 WITNESSES
3-65 FOR AGAINST ON
3-66 FOR AGAINST ON
3-67 ___________________________________________________________________
3-68 ___________________________________________________________________
3-69 Name: John H. Williams x
3-70 Representing: JP & Cnstbl Assoc.
4-1 City: Robstown
4-2 -------------------------------------------------------------------
4-3 Name: Judge Bill Freeman x
4-4 Representing: JP & Cnstbl Assoc.
4-5 City: Gainesville
4-6 -------------------------------------------------------------------
4-7 Name: Mike Cantrell x
4-8 Representing:
4-9 City: Garland
4-10 -------------------------------------------------------------------
4-11 Name: Keith Baker x
4-12 Representing: Bexar County
4-13 City: San Antonio
4-14 -------------------------------------------------------------------