By Hamric H.B. No. 919
74R369 NSC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the attendance of a parent or other custodian of a
1-3 child in certain hearings relating to a child in need of
1-4 supervision or a delinquent child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 51, Family Code, is amended by adding
1-7 Section 51.115 to read as follows:
1-8 Sec. 51.115. ATTENDANCE AT HEARING: PARENT OR OTHER
1-9 GUARDIAN. (a) Each parent of a child, each managing and
1-10 possessory conservator of a child, each court-appointed custodian
1-11 of a child, and a guardian of the person of the child shall attend
1-12 each hearing affecting the child held under:
1-13 (1) Section 54.01 (detention hearing);
1-14 (2) Section 54.02 (waiver of jurisdiction and
1-15 discretionary transfer to criminal court);
1-16 (3) Section 54.03 (adjudication hearing);
1-17 (4) Section 54.04 (disposition hearing);
1-18 (5) Section 54.05 (hearing to modify disposition); and
1-19 (6) Section 54.11 (release hearing).
1-20 (b) Subsection (a) does not apply to:
1-21 (1) a person for whom, for good cause shown, the court
1-22 waives attendance;
1-23 (2) a person who is not a resident of this state; or
1-24 (3) a parent of a child for whom a managing
2-1 conservator has been appointed and the parent is not a conservator
2-2 of the child.
2-3 (c) A person required under this section to attend a hearing
2-4 is entitled to reasonable notice that includes a statement of the
2-5 place, date, and time of the hearing and that the attendance of the
2-6 person is required. The notice may be included with or attached to
2-7 any other notice required by this chapter to be given the person.
2-8 Separate notice is not required for a disposition hearing that
2-9 convenes on the adjournment of an adjudication hearing.
2-10 (d) A person who is required by Subsection (a) to attend a
2-11 hearing, who receives the notice of the hearing, and who fails to
2-12 attend the hearing may be punished by the court for contempt. In
2-13 addition to or in lieu of contempt, the court may order the person
2-14 to receive counseling or to attend an educational course on the
2-15 duties and responsibilities of parents and skills and techniques in
2-16 raising children.
2-17 SECTION 2. Section 53.06(c), Family Code, is amended to read
2-18 as follows:
2-19 (c) The court may endorse on the summons an order <directing
2-20 the parent, guardian, or custodian of the child to appear
2-21 personally at the hearing and> directing the person having the
2-22 physical custody or control of the child to bring the child to the
2-23 hearing. A person who violates an order entered under this
2-24 subsection may be proceeded against under Section 54.07 of this
2-25 code.
2-26 SECTION 3. This Act takes effect September 1, 1995.
2-27 SECTION 4. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.