1-1 By: Hartnett, Garcia (Senate Sponsor - Harris) H.B. No. 1606
1-2 (In the Senate - Received from the House May 12, 1997;
1-3 May 13, 1997, read first time and referred to Committee on
1-4 Education; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to truant conduct or conduct resulting in a failure to
1-9 attend school.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 54.021(c), (d), and (f), Family Code,
1-12 are amended to read as follows:
1-13 (c) On a finding that a person has engaged in conduct
1-14 described by Section 51.03(b)(2) or conduct that violates Section
1-15 25.094, Education Code, the justice or municipal court shall enter
1-16 an order appropriate to the nature of the conduct.
1-17 (d) On a finding by the justice or municipal court that the
1-18 person has engaged in truant conduct described in Section
1-19 51.03(b)(2) or conduct that violates Section 25.094, Education Code
1-20 [and that the conduct is of a recurrent nature], the court has
1-21 jurisdiction to enter an order that includes one or more of the
1-22 following provisions requiring that:
1-23 (1) the person attend a preparatory class for the high
1-24 school equivalency examination provided under Section 7.111,
1-25 Education Code, if the court determines that the person is too old
1-26 to do well in a formal classroom environment;
1-27 (2) the person attend a special program that the court
1-28 determines to be in the best interests of the person, including:
1-29 (A) an alcohol and drug abuse program;
1-30 (B) rehabilitation;
1-31 (C) counseling, including self-improvement
1-32 counseling;
1-33 (D) training in self-esteem and leadership;
1-34 (E) work and job skills training;
1-35 (F) training in parenting, including parental
1-36 responsibility;
1-37 (G) training in manners;
1-38 (H) training in violence avoidance;
1-39 (I) sensitivity training; and
1-40 (J) training in advocacy and mentoring;
1-41 (3) the person and the person's parents, managing
1-42 conservator, or guardian attend a class for students at risk of
1-43 dropping out of school designed for both the person and the
1-44 person's parents, managing conservator, or guardian;
1-45 (4) the person complete reasonable community service
1-46 requirements;
1-47 (5) the person's driver's license be suspended in the
1-48 manner provided by Section 54.042 of this code;
1-49 (6) the person attend school without unexcused
1-50 absences; or
1-51 (7) the person participate in a tutorial program
1-52 provided by the school attended by the person in the academic
1-53 subjects in which the person is enrolled for a total number of
1-54 hours ordered by the court.
1-55 (f) A school attendance officer may refer a person alleged
1-56 to have engaged in conduct described in Section 51.03(b)(2) of this
1-57 code to a [the] justice court in the county [precinct] where the
1-58 person resides or [in the precinct] where the person's school is
1-59 located or to a municipal court of the municipality where the
1-60 person resides or where the person's school is located if the
1-61 juvenile court having exclusive original jurisdiction has waived
1-62 its jurisdiction as provided by Subsection (a) of this section for
1-63 all cases involving conduct described by Section 51.03(b)(2) of
1-64 this code.
2-1 SECTION 2. Section 25.093(c), Education Code, is amended to
2-2 read as follows:
2-3 (c) The attendance officer shall file a complaint against
2-4 the parent in the county court, in a [the] justice court in the
2-5 county in which the parent resides or in which the school is
2-6 located [of the parent's resident precinct], or in a [the]
2-7 municipal court of the municipality in which the parent resides or
2-8 [in any municipality or justice of the peace precinct] in which the
2-9 school [district] is located. The attendance officer shall file a
2-10 complaint under this section in the court to which the parent's
2-11 child has been referred for engaging in conduct described in
2-12 Section 51.03(b)(2), Family Code, if a referral has been made for
2-13 the child. If a referral has not been made, the attendance officer
2-14 shall refer the child to the county juvenile probation department
2-15 for action as engaging in conduct indicating a need for supervision
2-16 under that section.
2-17 SECTION 3. Section 25.094(b), Education Code, is amended to
2-18 read as follows:
2-19 (b) An offense under this section may be prosecuted in a
2-20 [the] justice court in the county [for the precinct] in which the
2-21 child resides or in which the school is located or in a municipal
2-22 court in the municipality in which the child resides or in which
2-23 the school is located.
2-24 SECTION 4. (a) This Act takes effect September 1, 1997.
2-25 (b) Except as provided by Subsection (c) of this section,
2-26 the changes in law made by this Act apply to truancy cases or cases
2-27 of failure to attend school without regard to whether the conduct
2-28 involved in those cases occurred before, on, or after the effective
2-29 date of this Act.
2-30 (c) The change in law made by this Act applies only to
2-31 conduct that occurs on or after the effective date of this Act.
2-32 Conduct violating the penal law of this state occurs on or after
2-33 the effective date of this Act if any element of the violation
2-34 occurs on or after that date. Conduct that occurs before the
2-35 effective date of this Act is governed by the law in effect at the
2-36 time the conduct occurred, and that law is continued in effect for
2-37 that purpose.
2-38 SECTION 5. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *