By:  West                                             S.B. No. 1572
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the compulsory school attendance laws and
 1-2     responsibility for compliance with those laws; providing penalties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 1, Article 45.22, Code of Criminal
 1-5     Procedure, is amended to read as follows:
 1-6           Sec. 1.  No person shall ever be tried in any justice
 1-7     precinct court unless the offense with which he was charged was
 1-8     committed in such precinct with the exception of truancy or failure
 1-9     to attend school, which may be referred to a justice court in any
1-10     precinct in the county in which the parent resides or in which the
1-11     school is located, or except as otherwise provided by provisions of
1-12     the Education Code or Family Code.  Provided, however, should there
1-13     be no duly qualified justice precinct court in the precinct where
1-14     such offense was committed, then the defendant shall be tried in
1-15     the justice precinct next adjacent which may have a duly qualified
1-16     justice court.  And provided further, that if the justice of the
1-17     peace of the precinct in which the offense was committed is
1-18     disqualified for any reason for trying the case, then such
1-19     defendant may be tried in some other justice precinct within the
1-20     county.
1-21           SECTION 2.  Subsection (f), Section 25.002, Education Code,
1-22     is amended to read as follows:
1-23           (f)  Except as otherwise provided by this subsection, for a
1-24     child to be enrolled in a public school, the child must be enrolled
 2-1     by the child's parent, [or by] the child's guardian or other person
 2-2     with legal control of the child under a court order, or the child's
 2-3     custodian.  Proof that the person enrolling the child is the
 2-4     child's parent, guardian, or custodian must be provided at the time
 2-5     of enrollment by presentation of a driver's license, social
 2-6     security card, or other valid legal document.
 2-7           SECTION 3.  Subsections (a), (b), and (c), Section 25.093,
 2-8     Education Code, are amended to read as follows:
 2-9           (a)  If any parent of a child required to attend school fails
2-10     to require the child to attend school as required by law, after the
2-11     school has previously warned [attendance officer shall warn] the
2-12     parent in writing that it is the parent's duty to monitor the
2-13     child's school attendance and to require the child to attend
2-14     school, the parent is subject to prosecution under Subsection (b)
2-15     for failure to comply with school attendance requirements [is
2-16     immediately required].
2-17           (b)  If, after being previously warned as described by [a
2-18     warning under] Subsection (a), the parent with criminal negligence
2-19     fails to require the child to attend school as required by law [and
2-20     the child has unexcused voluntary absences for the amount of time
2-21     specified under Section 51.03(b)(2), Family Code], the parent
2-22     commits an offense.
2-23           (c)  The attendance officer shall file a complaint against
2-24     the parent in the county court, in a justice court in any precinct
2-25     in the county in which the parent resides or in which the school is
2-26     located, or in a municipal court of the municipality in which the
 3-1     parent resides or in which the school is located.  The attendance
 3-2     officer shall file a complaint under this section in the court to
 3-3     which the parent's child has been referred for engaging in conduct
 3-4     described in Section 51.03(b)(2), Family Code, if a referral has
 3-5     been made for the child.  [If a referral has not been made, the
 3-6     attendance officer shall refer the child to the county juvenile
 3-7     probation department for action as engaging in conduct indicating a
 3-8     need for supervision under that section.]
 3-9           SECTION 4.  Subsection (b), Section 25.094, Education Code,
3-10     is amended to read as follows:
3-11           (b)  An offense under this section may be prosecuted in a
3-12     justice court in any precinct in the county in which the child
3-13     resides or in which the school is located or in a municipal court
3-14     in the municipality in which the child resides or in which the
3-15     school is located.
3-16           SECTION 5.  Subsection (a), Section 25.095, Education Code,
3-17     is amended to read as follows:
3-18           (a)  A school district shall notify a student's parent or
3-19     legal guardian in writing at the beginning of the school year that
3-20     if[, in a six-month period,] the student is [has been] absent from
3-21     school three days or parts of days within a four-week period
3-22     without parental consent or [an excuse five times for any part of
3-23     the day.  The notice must state that if the student is absent
3-24     without an excuse for] 10 [or more] days or parts of days unexcused
3-25     within [in] a six-month period:
3-26                 (1)  the student's parent or legal guardian is subject
 4-1     to prosecution under Section 25.093; and
 4-2                 (2)  the student is subject to prosecution under
 4-3     Section 25.094.
 4-4           SECTION 6.  Section 51.08, Family Code, is amended by adding
 4-5     Subsection (d) to read as follows:
 4-6           (d)  A misdemeanor described by Subsection (b)(1) shall not
 4-7     be construed to include truant conduct or conduct resulting in a
 4-8     failure to attend school.
 4-9           SECTION 7.  Subsection (f), Section 54.021, Family Code, is
4-10     amended to read as follows:
4-11           (f)  A school attendance officer may refer a person alleged
4-12     to have engaged in conduct described in Section 51.03(b)(2) [of
4-13     this code] to a justice court in any precinct in the county in
4-14     which [where] the person resides or in which [where] the [person's]
4-15     school is located or to a municipal court of the municipality in
4-16     which [where] the person resides or in which [where] the [person's]
4-17     school is located if the juvenile court having exclusive original
4-18     jurisdiction has waived its jurisdiction as provided by Subsection
4-19     (a) [of this section] for all cases involving conduct described by
4-20     Section 51.03(b)(2) [of this code].
4-21           SECTION 8.  (a)  The change in law made by this Act to
4-22     Subsection (b), Section 25.093, Education Code, applies only to an
4-23     offense committed on or after the effective date of this Act.  For
4-24     purposes of this section, an offense is committed before the
4-25     effective date of this Act if any element of the offense occurs
4-26     before that date.
 5-1           (b)  An offense committed before the effective date of this
 5-2     Act is covered by the law in effect when the offense was committed,
 5-3     and the former law is continued in effect for that purpose.
 5-4           SECTION 9.  This Act takes effect August 1, 1999.
 5-5           SECTION 10.  The importance of this legislation and the
 5-6     crowded condition of the calendars in both houses create an
 5-7     emergency and an imperative public necessity that the
 5-8     constitutional rule requiring bills to be read on three several
 5-9     days in each house be suspended, and this rule is hereby suspended,
5-10     and that this Act take effect and be in force according to its
5-11     terms, and it is so enacted.
5-12                          COMMITTEE AMENDMENT NO. 1
5-13           Amend SB 1572 by deleting Section 2, and replacing that
5-14     section with the following:
5-15           SECTION 2.  Delete Subsection (f), Section 25.002, Education
5-16     code and add a new subsection (f) as follows:
5-17           (f)  Except as otherwise provided by this subsection, for a
5-18     child to be enrolled in a public school, the child must be enrolled
5-19     by the child's parent or by the child's guardian.  At the time of
5-20     enrollment the parent or guardian shall present a driver's license,
5-21     social security card, or other valid identification.
5-22                                                                  Sadler