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
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   2-38  Name:  Jack Campbell                             x
   2-39  Representing:  Tx Assoc School Administrator
   2-40  City:  Austin
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   2-42  Name:  Walter Hinojosa                           x
   2-43  Representing:  Tx Federation of Teachers
   2-44  City:  Austin
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   2-46  Name:  Lee Alvoid                                x
   2-47  Representing:  TASSP
   2-48  City:  Farmers Branch
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