1-1 By: West S.B. No. 811
1-2 (In the Senate - Filed March 10, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Education; March 31, 1993,
1-4 reported favorably by the following vote: Yeas 10, Nays 0;
1-5 March 31, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to the offense of a parent's failure to require a child to
1-22 attend school.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subsection (a), Section 4.25, Education Code, is
1-25 amended to read as follows:
1-26 (a) If any parent or person standing in parental relation to
1-27 a child<,> within the compulsory school attendance ages and not
1-28 lawfully exempt or properly excused from school attendance<,> fails
1-29 to require such child to attend school for such periods as required
1-30 by law, it shall be the duty of the proper attendance officer to
1-31 warn, in writing, the parent or person standing in parental
1-32 relation that attendance must be immediately required. If after
1-33 this warning the parent or person standing in parental relation
1-34 intentionally, knowingly, recklessly, or with criminal negligence
1-35 fails to require the child to attend school as required by law and
1-36 the child has unexcused voluntary absences for the amount of time
1-37 specified under Section 51.03(b)(2), Family Code, the parent or
1-38 person standing in parental relation commits an offense. The
1-39 attendance officer shall file a complaint against him in the county
1-40 court, in the justice court of his resident precinct, or in the
1-41 municipal court of the municipality in which he resides or in the
1-42 municipality or justice of the peace precinct in which the school
1-43 is located. In addition, if the child has unexcused voluntary
1-44 absences for the amount of time specified under Section
1-45 51.03(b)(2), Family Code <been voluntarily absent from school for
1-46 10 or more days or parts of days within a six-month period or three
1-47 or more days or parts of days within a four-week period without the
1-48 consent of his parents>, the attendance officer shall refer the
1-49 child to the county juvenile probation department for action as
1-50 conduct indicating a need for supervision under that section
1-51 <Section 51.03(b), Family Code>. A court in which a complaint is
1-52 filed under this subsection shall give preference to a hearing on
1-53 the complaint over other cases before the court. An offense under
1-54 this section is punishable by a fine of not less than $5 nor more
1-55 than $25 for the first offense, not less than $10 nor more than $50
1-56 for the second offense, and not less than $25 nor more than $100
1-57 for a subsequent offense. Each day the child remains out of school
1-58 after the warning has been given or the child ordered to school by
1-59 the juvenile court may constitute a separate offense. If the court
1-60 probates the sentence, the court may require the defendant to
1-61 render personal services to a charitable or educational institution
1-62 as a condition of probation.
1-63 SECTION 2. (a) The change in law made by this Act applies
1-64 only to an offense committed on or after the effective date of this
1-65 Act. For purposes of this section, an offense is committed before
1-66 the effective date of this Act if any element of the offense occurs
1-67 before the effective date.
1-68 (b) An offense committed before the effective date of this
2-1 Act is covered by the law in effect when the offense was committed,
2-2 and the former law is continued in effect for that purpose.
2-3 SECTION 3. This Act takes effect September 1, 1993.
2-4 SECTION 4. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.
2-9 * * * * *
2-10 Austin,
2-11 Texas
2-12 March 31, 1993
2-13 Hon. Bob Bullock
2-14 President of the Senate
2-15 Sir:
2-16 We, your Committee on Education to which was referred S.B. No. 811,
2-17 have had the same under consideration, and I am instructed to
2-18 report it back to the Senate with the recommendation that it do
2-19 pass and be printed.
2-20 Ratliff,
2-21 Chairman
2-22 * * * * *
2-23 WITNESSES
2-24 FOR AGAINST ON
2-25 ___________________________________________________________________
2-26 Name: Sandi Borden x
2-27 Representing: Tx Elem Principals & Superviso
2-28 City: Austin
2-29 -------------------------------------------------------------------
2-30 Name: Kevin O'Hanlon x
2-31 Representing: Tx Educators Assoc
2-32 City: Austin
2-33 -------------------------------------------------------------------
2-34 Name: Lonnie Hollingsworth x
2-35 Representing: Tx Classroom Teachers Assoc
2-36 City: Austin
2-37 -------------------------------------------------------------------
2-38 Name: Jack Campbell x
2-39 Representing: Tx Assoc School Administrator
2-40 City: Austin
2-41 -------------------------------------------------------------------
2-42 Name: Walter Hinojosa x
2-43 Representing: Tx Federation of Teachers
2-44 City: Austin
2-45 -------------------------------------------------------------------
2-46 Name: Lee Alvoid x
2-47 Representing: TASSP
2-48 City: Farmers Branch
2-49 -------------------------------------------------------------------