By Hartnett                                     H.B. No. 1606

      75R5637 DAK-D                           

                                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.  Section 51.03(b), Family Code, is amended to read

 1-6     as follows:

 1-7           (b)  Conduct indicating a need for supervision is:

 1-8                 (1)  subject to Subsection (f) of this section,

 1-9     conduct, other than a traffic offense, that violates:

1-10                       (A)  the penal laws of this state of the grade of

1-11     misdemeanor that are punishable by fine only; or

1-12                       (B)  the penal ordinances of any political

1-13     subdivision of this state;

1-14                 (2)  conduct that violates Section 25.094, Education

1-15     Code, or the unexcused voluntary absence of a child on 10 or more

1-16     days or parts  of days within a six-month period or three or more

1-17     days or parts of days within a four-week period from school without

1-18     the consent of his parents;

1-19                 (3)  the voluntary absence of a child from his home

1-20     without the consent of his parent or guardian for a substantial

1-21     length of time or without intent to return;

1-22                 (4)  conduct which violates the laws of this state

1-23     prohibiting driving while intoxicated or under the influence of

1-24     intoxicating liquor (first or second offense) or driving while

 2-1     under the influence of any narcotic drug or of any other drug to a

 2-2     degree which renders him incapable of safely driving a vehicle

 2-3     (first or second offense);

 2-4                 (5)  conduct prohibited by city ordinance or by state

 2-5     law involving the inhalation of the fumes or vapors of paint and

 2-6     other protective coatings or glue and other adhesives and the

 2-7     volatile chemicals itemized in Section 484.002, Health and Safety

 2-8     Code;

 2-9                 (6)  an act that violates a school district's

2-10     previously communicated written standards of student conduct for

2-11     which the child has been expelled under Section 21.3011, Education

2-12     Code; or

2-13                 (7)  conduct that violates a reasonable and lawful

2-14     order of a court entered under Section 264.305.

2-15           SECTION 2.  Section 54.021, Family Code, is amended by

2-16     amending Subsections (c), (d), and (f) and adding Subsection (i) to

2-17     read as follows:

2-18           (c)  On a finding that a person has engaged in conduct

2-19     described by Section 51.03(b)(2), the justice or municipal court:

2-20                 (1)  shall enter an order appropriate to the nature of

2-21     the conduct; and

2-22                 (2)  may order that the person's driver's license be

2-23     suspended in the manner provided by Section 54.042.

2-24           (d)  On a finding by the justice or municipal court that the

2-25     person has engaged in  truant conduct described in Section

2-26     51.03(b)(2) more than once [and that the conduct is of a recurrent

2-27     nature], the court has jurisdiction to enter an order that includes

 3-1     one or more of the following provisions requiring that:

 3-2                 (1)  the person attend a preparatory class for the high

 3-3     school equivalency examination provided under Section 7.111,

 3-4     Education Code, if the court determines that the person is too old

 3-5     to do well in a formal classroom environment;

 3-6                 (2)  the person attend a special program that the court

 3-7     determines to be in the best interests of the person, including an

 3-8     alcohol and drug abuse program;

 3-9                 (3)  the person and the person's parents, managing

3-10     conservator, or guardian attend a class for students at risk of

3-11     dropping out of school designed for both the person and the

3-12     person's parents, managing conservator, or guardian;

3-13                 (4)  the person complete reasonable community service

3-14     requirements;

3-15                 (5)  [the person's driver's license be suspended in the

3-16     manner provided by Section 54.042 of this code;]

3-17                 [(6)]  the person attend school without unexcused

3-18     absences; or

3-19                 (6) [(7)]  the person participate in a tutorial program

3-20     provided by the school attended by the person in the academic

3-21     subjects in which the person is enrolled for a total number of

3-22     hours ordered by the court.

3-23           (f)  A school attendance officer may refer a person alleged

3-24     to have engaged in conduct described in Section 51.03(b)(2) of this

3-25     code to a [the] justice or municipal court in the county [precinct]

3-26     where the person resides or [in the precinct] where the person's

3-27     school is located if the juvenile court having exclusive original

 4-1     jurisdiction has waived its jurisdiction as provided by Subsection

 4-2     (a) of this section for all cases involving conduct described by

 4-3     Section 51.03(b)(2) of this code.

 4-4           (i)  The juvenile board of the county may appoint a master

 4-5     for truancy cases to assist a justice or municipal court in its

 4-6     exercise of jurisdiction over these cases.

 4-7           SECTION 3.  Section 25.094(b), Education Code, is amended to

 4-8     read as follows:

 4-9           (b)  An offense under this section may be prosecuted in the

4-10     justice or municipal court in the county [for the precinct] in

4-11     which the child resides or in which the school is located.

4-12           SECTION 4.  (a)  This Act takes effect September 1, 1997.

4-13           (b)  Except as provided by Subsection (c) of this section,

4-14     the changes in law made by this Act apply to truancy cases or cases

4-15     of failure to attend school without regard to whether the conduct

4-16     involved in those cases occurred before, on, or after the effective

4-17     date of this Act.

4-18           (c)  The change in law to Sections 54.021(c) and (d), Family

4-19     Code, made by Section 2 of this Act applies only to conduct that

4-20     occurs on or after the effective date of this Act.  Conduct

4-21     violating the penal law of this state occurs on or after the

4-22     effective date of this Act if any element of the violation occurs

4-23     on or after that date.  Conduct that occurs before the effective

4-24     date of this Act is governed by the law in effect at the time the

4-25     conduct occurred, and that law is continued in effect for that

4-26     purpose.

4-27           SECTION 5.  The importance of this legislation and the

 5-1     crowded condition of the calendars in both houses create an

 5-2     emergency and an imperative public necessity that the

 5-3     constitutional rule requiring bills to be read on three several

 5-4     days in each house be suspended, and this rule is hereby suspended.