75R13487 DAK-D
By Hartnett H.B. No. 1606
Substitute the following for H.B. No. 1606:
By Staples C.S.H.B. No. 1606
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to truant conduct or conduct resulting in a failure to
1-3 attend school.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 54.021(c), (d), and (f), Family Code,
1-6 are amended to read as follows:
1-7 (c) On a finding that a person has engaged in conduct
1-8 described by Section 51.03(b)(2) or conduct that violates Section
1-9 25.094, Education Code, the justice or municipal court shall enter
1-10 an order appropriate to the nature of the conduct.
1-11 (d) On a finding by the justice or municipal court that the
1-12 person has engaged in truant conduct described in Section
1-13 51.03(b)(2) or conduct that violates Section 25.094, Education Code
1-14 [and that the conduct is of a recurrent nature], the court has
1-15 jurisdiction to enter an order that includes one or more of the
1-16 following provisions requiring that:
1-17 (1) the person attend a preparatory class for the high
1-18 school equivalency examination provided under Section 7.111,
1-19 Education Code, if the court determines that the person is too old
1-20 to do well in a formal classroom environment;
1-21 (2) the person attend a special program that the court
1-22 determines to be in the best interests of the person, including:
1-23 (A) an alcohol and drug abuse program;
1-24 (B) rehabilitation;
2-1 (C) counseling, including self-improvement
2-2 counseling;
2-3 (D) training in self-esteem and leadership;
2-4 (E) work and job skills training;
2-5 (F) training in parenting, including parental
2-6 responsibility;
2-7 (G) training in manners;
2-8 (H) training in violence avoidance;
2-9 (I) sensitivity training; and
2-10 (J) training in advocacy and mentoring;
2-11 (3) the person and the person's parents, managing
2-12 conservator, or guardian attend a class for students at risk of
2-13 dropping out of school designed for both the person and the
2-14 person's parents, managing conservator, or guardian;
2-15 (4) the person complete reasonable community service
2-16 requirements;
2-17 (5) the person's driver's license be suspended in the
2-18 manner provided by Section 54.042 of this code;
2-19 (6) the person attend school without unexcused
2-20 absences; or
2-21 (7) the person participate in a tutorial program
2-22 provided by the school attended by the person in the academic
2-23 subjects in which the person is enrolled for a total number of
2-24 hours ordered by the court.
2-25 (f) A school attendance officer may refer a person alleged
2-26 to have engaged in conduct described in Section 51.03(b)(2) of this
2-27 code to a [the] justice court in the county [precinct] where the
3-1 person resides or [in the precinct] where the person's school is
3-2 located or to a municipal court of the municipality where the
3-3 person resides or where the person's school is located if the
3-4 juvenile court having exclusive original jurisdiction has waived
3-5 its jurisdiction as provided by Subsection (a) of this section for
3-6 all cases involving conduct described by Section 51.03(b)(2) of
3-7 this code.
3-8 SECTION 2. Section 25.093(c), Education Code, is amended to
3-9 read as follows:
3-10 (c) The attendance officer shall file a complaint against
3-11 the parent in the county court, in a [the] justice court in the
3-12 county in which the parent resides or in which the school is
3-13 located [of the parent's resident precinct], or in a [the]
3-14 municipal court of the municipality in which the parent resides or
3-15 [in any municipality or justice of the peace precinct] in which the
3-16 school [district] is located. The attendance officer shall file a
3-17 complaint under this section in the court to which the parent's
3-18 child has been referred for engaging in conduct described in
3-19 Section 51.03(b)(2), Family Code, if a referral has been made for
3-20 the child. If a referral has not been made, the attendance officer
3-21 shall refer the child to the county juvenile probation department
3-22 for action as engaging in conduct indicating a need for supervision
3-23 under that section.
3-24 SECTION 3. Section 25.094(b), Education Code, is amended to
3-25 read as follows:
3-26 (b) An offense under this section may be prosecuted in a
3-27 [the] justice court in the county [for the precinct] in which the
4-1 child resides or in which the school is located or in a municipal
4-2 court in the municipality in which the child resides or in which
4-3 the school is located.
4-4 SECTION 4. (a) This Act takes effect September 1, 1997.
4-5 (b) Except as provided by Subsection (c) of this section,
4-6 the changes in law made by this Act apply to truancy cases or cases
4-7 of failure to attend school without regard to whether the conduct
4-8 involved in those cases occurred before, on, or after the effective
4-9 date of this Act.
4-10 (c) The change in law made by this Act applies only to
4-11 conduct that occurs on or after the effective date of this Act.
4-12 Conduct violating the penal law of this state occurs on or after
4-13 the effective date of this Act if any element of the violation
4-14 occurs on or after that date. Conduct that occurs before the
4-15 effective date of this Act is governed by the law in effect at the
4-16 time the conduct occurred, and that law is continued in effect for
4-17 that purpose.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.