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.