By Luna                                         S.B. No. 1020

      75R7870 CAS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers and duties of a public school attendance

 1-3     officer.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 25.091(a), Education Code, is amended to

 1-6     read as follows:

 1-7           (a)  A school attendance officer has the following powers and

 1-8     duties:

 1-9                 (1)  to investigate each case of unexcused absence from

1-10     school;

1-11                 (2)  to administer oaths and to serve legal process;

1-12                 (3)  to enforce the compulsory school attendance law;

1-13                 (4)  to compel a student's attendance at tutorials as

1-14     required by a school district in accordance with Section 29.084(b);

1-15                 (5)  to keep a record of each case of any kind

1-16     investigated by the officer in the discharge of the officer's

1-17     duties;

1-18                 (6) [(5)]  to make any report required by the

1-19     commissioner concerning the discharge of the officer's duties;  and

1-20                 (7) [(6)]  to refer to a juvenile court or to a justice

1-21     court if the juvenile court has waived jurisdiction as provided by

1-22     Section 54.021(a), Family Code, any student who has unexcused

1-23     voluntary absences for the amount of time specified under Section

1-24     51.03(b)(2), Family Code, or to file a complaint against any person

 2-1     standing in parental relation who violates Section 25.093 or to

 2-2     file a complaint against a student who violates Section 25.094.

 2-3           SECTION 2.  This Act applies beginning with the 1997-1998

 2-4     school year.

 2-5           SECTION 3.  The importance of this legislation and the

 2-6     crowded condition of the calendars in both houses create an

 2-7     emergency and an imperative public necessity that the

 2-8     constitutional rule requiring bills to be read on three several

 2-9     days in each house be suspended, and this rule is hereby suspended,

2-10     and that this Act take effect and be in force from and after its

2-11     passage, and it is so enacted.