By Denny H.B. No. 2070
75R5713 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to violations of the compulsory school attendance law.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 25.094(c) and (d), Education Code, are
1-5 amended to read as follows:
1-6 (c) On a finding by the justice or municipal court that the
1-7 child has committed an offense under Subsection (a), the court may
1-8 enter an order that includes one or more of the requirements listed
1-9 in Section 54.021(d) or Sections 54.022(a)-(c), Family Code.
1-10 (d) If the justice or municipal court finds probable cause
1-11 to believe that a child convicted of an offense under Subsection
1-12 (a) has violated an order issued under Subsection (c), the court
1-13 may close the case and [shall] transfer [the complaint against the
1-14 child, together with] all pleadings and orders[,] to a juvenile
1-15 court for the county in which the offense under Subsection (a) was
1-16 committed [child resides]. If the case is transferred, the [The]
1-17 juvenile court shall determine the appropriate action to take
1-18 concerning delinquent conduct as defined [an adjudication hearing
1-19 as provided] by Section 51.03(a)(3) [54.03], Family Code, for
1-20 contempt of the dispositional order of the justice or municipal
1-21 court. [The adjudication hearing shall be de novo.]
1-22 SECTION 2. (a) The change in law made by Section 25.094(c),
1-23 Education Code, as amended by this Act, applies only to an offense
1-24 committed on or after the effective date of this Act. For purposes
2-1 of this section, an offense is committed before the effective date
2-2 of this Act if any element of the offense occurs before that date.
2-3 (b) An offense committed before the effective date of this
2-4 Act is covered by the law in effect when the offense was committed,
2-5 and the former law is continued in effect for that purpose.
2-6
2-7 SECTION 3. This Act takes effect September 1, 1997.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended.