By:  Johnson                                          H.B. No. 2337
       73R795 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the offense of a parent's failure to require a child to
    1-3  attend school.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 4.25(a), Education Code, is amended to
    1-6  read as follows:
    1-7        (a)  If any parent or person standing in parental relation to
    1-8  a child<,> within the compulsory school attendance ages and not
    1-9  lawfully exempt or properly excused from school attendance<,> fails
   1-10  to require such child to attend school for such periods as required
   1-11  by law, it shall be the duty of the proper attendance officer to
   1-12  warn, in writing, the parent or person standing in parental
   1-13  relation that attendance must be immediately required.  If after
   1-14  this warning the parent or person standing in parental relation
   1-15  intentionally, knowingly, recklessly, or with criminal negligence
   1-16  fails to require the child to attend school as required by law and
   1-17  the child has unexcused voluntary absences for the amount of time
   1-18  specified under Section 51.03(b)(2), Family Code, the parent or
   1-19  person standing in parental relation commits an offense.  The
   1-20  attendance officer shall file a complaint against him in the county
   1-21  court, in the justice court of his resident precinct, or in the
   1-22  municipal court of the municipality in which he resides or in the
   1-23  municipality or justice of the peace precinct in which the school
   1-24  is located.  In addition, if the child has unexcused voluntary
    2-1  absences for the amount of time specified under Section
    2-2  51.03(b)(2), Family Code <been voluntarily absent from school for
    2-3  10 or more days or parts of days within a six-month period or three
    2-4  or more days or parts of days within a four-week period without the
    2-5  consent of his parents>, the attendance officer shall refer the
    2-6  child to the county juvenile probation department for action as
    2-7  conduct indicating a need for supervision under that section
    2-8  <Section 51.03(b), Family Code>.  A court in which a complaint is
    2-9  filed under this subsection shall give preference to a hearing on
   2-10  the complaint over other cases before the court.  An offense under
   2-11  this section is punishable by a fine of not less than $5 nor more
   2-12  than $25 for the first offense, not less than $10 nor more than $50
   2-13  for the second offense, and not less than $25 nor more than $100
   2-14  for a subsequent offense.  Each day the child remains out of school
   2-15  after the warning has been given or the child ordered to school by
   2-16  the juvenile court may constitute a separate offense.  If the court
   2-17  probates the sentence, the court may require the defendant to
   2-18  render personal services to a charitable or educational institution
   2-19  as a condition of probation.
   2-20        SECTION 2.  (a)  The change in law made by this Act applies
   2-21  only to an offense committed on or after the effective date of this
   2-22  Act.  For purposes of this section, an offense is committed before
   2-23  the effective date of this Act if any element of the offense occurs
   2-24  before the effective date.
   2-25        (b)  An offense committed before the effective date of this
   2-26  Act is covered by the law in effect when the offense was committed,
   2-27  and the former law is continued in effect for that purpose.
    3-1        SECTION 3.  This Act takes effect September 1, 1993.
    3-2        SECTION 4.  The importance of this legislation and the
    3-3  crowded condition of the calendars in both houses create an
    3-4  emergency   and   an   imperative   public   necessity   that   the
    3-5  constitutional rule requiring bills to be read on three several
    3-6  days in each house be suspended, and this rule is hereby suspended.