SRC-PNG C.S.H.B. 1961 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1961
76R6886 CAS-FBy: Grusendorf (Barrientos)
Education
5/13/1999
Committee Report (Substituted)


DIGEST 

Currently, the Education Code directs school attendance officers to file a
complaint against the parents of a child if the parents fail to require
their child to attend school.  A violation of the compulsory attendance law
is a Class C misdemeanor, punishable by a fine.  Currently, one-half of the
collected fine is required to be deposited to the credit of the general
fund of the county or municipality in which the complaint is filed, and the
other half is deposited to the credit of the operating fund of the child's
school district.  In 1995, the 75th Legislature created juvenile justice
alternative education programs to educate students who are expelled form
school for serious offenses.  Once a juvenile is ordered to attend an
alternative education program, the student no longer technically attends
school in the school district, and any fines collected for a student who
does not attend an alternative education program do not go to the operating
fund of the institution which is responsible for that student's education.
This bill requires truancy fines to be deposited to the credit of the
juvenile justice alternative education program a child has been ordered to
attend, if the child has been ordered to attend such a program, or to the
credit of the operating fund of the child's school district. 

PURPOSE

As proposed, C.S.H.B. 1961 requires truancy fines to be deposited to the
credit of the juvenile justice alternative education program a child has
been ordered to attend, if the child has been ordered to attend such a
program, or to the credit of the operating fund of the child's school
district. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 25.093(f), Education Code, to require one-half of
the fine collected under this section to be deposited to the credit of the
juvenile justice alternative education program that a child has been
ordered to attend, if the child has been ordered to attend such a program,
or to the credit of the operating fund of the child's school district. 

SECTION 2. Amends Chapter 45, Code of Criminal Procedure, by adding Article
45.57, as follows: 

Art.  45.57.  DISPOSITION OF FINES COLLECTED FROM PERSONS ARRESTED OR
ISSUED CITATIONS BY SCHOOL DISTRICT PEACE OFFICER.  (a) Provides that this
article applies only to the fine imposed on certain persons.   

(b) Requires the school district peace officer (officer) collecting the
fine from the person to remit an amount equal to 50 percent of the fine to
the school district that employed the officer who arrested or issued the
citation to the person. 

(c) Provides that this Article prevails over Articles 45.06 and 103.004, to
the extent of any conflict. 

(d) Defines "school district" and "school district peace officer." 
 
SECTION 3. Makes application of this Act prospective.

SECTION 4. Effective date: September 1, 1999.

SECTION 5. Emergency clause.