By Wohlgemuth                                          H.B. No. 940

         75R2563 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to warning notices concerning students' unexcused absences

 1-3     from public school.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 25.095, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 25.095.  WARNING NOTICE.  (a)  A school district shall

 1-8     notify a student's parent in writing if:

 1-9                 (1)  [,] in a six-month period, the student has been

1-10     absent without an excuse five times for any part of the day; or

1-11                 (2)  in a four-week period, the student has been absent

1-12     without an excuse two times for any part of the day.

1-13           (b)  The notice must state that if the student is absent

1-14     without an excuse for 10 or more days or parts of days in a

1-15     six-month period or for three or more days or parts of days in a

1-16     four-week period:

1-17                 (1)  the student's parent is subject to prosecution

1-18     under Section 25.093; and

1-19                 (2)  the student is subject to prosecution under

1-20     Section 25.094.

1-21           (c) [(b)]  Notice is not required under this section if the

1-22     student is a party to a juvenile court proceeding for conduct

1-23     described by Section 51.03(b)(2), Family Code.

1-24           (d) [(c)]  The fact that a parent did not receive a notice

 2-1     under this section does not create a defense to prosecution  under

 2-2     Section 25.093 or 25.094.

 2-3           (e) [(d)]  In this section, "parent" includes a person

 2-4     standing in parental relation.

 2-5           SECTION 2.  This Act applies beginning with the 1997-1998

 2-6     school year.

 2-7           SECTION 3.  The importance of this legislation and the

 2-8     crowded condition of the calendars in both houses create an

 2-9     emergency and an imperative public necessity that the

2-10     constitutional rule requiring bills to be read on three several

2-11     days in each house be suspended, and this rule is hereby suspended,

2-12     and that this Act take effect and be in force from and after its

2-13     passage, and it is so enacted.