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.