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.