By Luna                                         H.B. No. 1648

      75R6311 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to public school attendance.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 25.087(a), Education Code, is amended to

 1-5     read as follows:

 1-6           (a)  A child required to attend school may be excused for

 1-7     temporary absence resulting from any cause acceptable to the

 1-8     teacher, principal, or superintendent of the school in which the

 1-9     child is enrolled.  A teacher, principal, or superintendent may not

1-10     excuse an absence under this subsection resulting from conduct

1-11     described under Section 51.03(b)(3), Family Code.

1-12           SECTION 2.  Subchapter C, Chapter 25, Education Code, is

1-13     amended by adding Section 25.0911 to read as follows:

1-14           Sec. 25.0911.  SERVICE OF LEGAL PROCESS.  A school district

1-15     administrator, school administrator, or constable designated in

1-16     writing by an attendance officer may serve legal process under the

1-17     same circumstances and in the same manner as an attendance officer

1-18     under Section 25.091.

1-19           SECTION 3.  Section 25.093, Education Code, is amended to

1-20     read as follows:

1-21           Sec. 25.093.  THWARTING COMPULSORY ATTENDANCE LAW.  (a)  If

1-22     any parent of a child required to attend school fails to require

1-23     the child to attend school as required by law, the school

1-24     attendance officer shall warn the parent [in writing] that

 2-1     attendance is immediately required.  A warning for purposes of this

 2-2     subsection may be an actual warning or a warning in writing that:

 2-3                 (1)  is sent by:

 2-4                       (A)  registered or certified mail with return

 2-5     receipt requested;

 2-6                       (B)  telegram with report of delivery requested;

 2-7     or

 2-8                       (C)  first class mail if the letter was returned

 2-9     unopened with markings indicating that the address is incorrect and

2-10     that there is no current forwarding order; and

2-11                 (2)  is addressed to the parent at the parent's address

2-12     shown on school records.

2-13           (b)  A warning given in accordance with Subsections (a)(1)

2-14     and (2) is presumed to have been received not later than the fifth

2-15     day after the date the warning was sent.

2-16           (c)  If, after a warning under Subsection (a), the parent

2-17     with criminal negligence fails to require the child to attend

2-18     school as required by law and the child has unexcused voluntary

2-19     absences for the amount of time specified under Section

2-20     51.03(b)(2), Family Code, the parent commits an offense.

2-21           (d) [(c)]  The attendance officer shall file a complaint

2-22     against the parent in the county court, in the justice court of the

2-23     parent's resident precinct, or in the municipal court of the

2-24     municipality in which the parent resides or in any municipality or

2-25     justice of the peace precinct in which the school district is

2-26     located.  The attendance officer shall file a complaint under this

2-27     section in the court to which the parent's child has been referred

 3-1     for engaging in conduct described in Section 51.03(b)(2), Family

 3-2     Code, if a referral has been made for the child.  If a referral has

 3-3     not been made, the attendance officer shall refer the child to the

 3-4     county juvenile probation department for action as engaging in

 3-5     conduct indicating a need for supervision under that section.

 3-6           (e) [(d)]  A court in which a complaint is filed under this

 3-7     section shall give preference to a hearing on the complaint over

 3-8     other cases before the court.

 3-9           (f) [(e)]  An offense under this section is a Class C

3-10     misdemeanor.  Each day the child remains out of school after the

3-11     warning has been given or the child has been ordered to attend

3-12     school by the juvenile court may constitute a separate offense.

3-13     Two or more offenses under this section may be consolidated and

3-14     prosecuted in a single action.  If the court probates the sentence,

3-15     the court may require the defendant to render personal services to

3-16     a charitable or educational institution as a condition of

3-17     probation.

3-18           (g) [(f)]  A fine collected under this section shall be

3-19     deposited as follows:

3-20                 (1)  one-half shall be deposited to the credit of the

3-21     operating fund of the school district in which the child attends

3-22     school; and

3-23                 (2)  one-half shall be deposited to the credit of:

3-24                       (A)  the general fund of the county, if the

3-25     complaint is filed in the county court or justice court; or

3-26                       (B)  the general fund of the municipality, if the

3-27     complaint is filed in municipal court.

 4-1           (h) [(g)]  At the trial of any person charged with violating

 4-2     this section, the attendance records of the child may be presented

 4-3     in court by any authorized employee of the school district.

 4-4           (i) [(h)]  The court in which a conviction for an offense

 4-5     under this section occurs may order the defendant to attend a class

 4-6     for parents of students with unexcused absences that provides

 4-7     instruction designed to assist those parents in identifying

 4-8     problems that contribute to the students' unexcused absences and in

 4-9     developing strategies for resolving those problems if the school

4-10     district in which the person resides offers such a class.

4-11           (j) [(i)]  In this section, "parent" includes a person

4-12     standing in parental relation.

4-13           SECTION 4.  This Act applies beginning with the 1997-1998

4-14     school year.

4-15           SECTION 5.  The importance of this legislation and the

4-16     crowded condition of the calendars in both houses create an

4-17     emergency and an imperative public necessity that the

4-18     constitutional rule requiring bills to be read on three several

4-19     days in each house be suspended, and this rule is hereby suspended,

4-20     and that this Act take effect and be in force from and after its

4-21     passage, and it is so enacted.