By: West S.B. No. 1573
99S0406/1
A BILL TO BE ENTITLED
AN ACT
1-1 relating to children who are runaways and the related court
1-2 process; providing a criminal penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 54, Family Code, is amended by adding
1-5 Section 54.023 to read as follows:
1-6 Sec. 54.023. JUSTICE OR MUNICIPAL COURT: RUNAWAY. (a) A
1-7 child commits an offense if the child is voluntarily absent from
1-8 home without the consent of the child's parent, managing
1-9 conservator, or guardian for a substantial length of time or
1-10 without intent to return. An offense under this subsection is a
1-11 Class C misdemeanor.
1-12 (b) A justice or municipal court may exercise jurisdiction
1-13 over a child alleged to have violated Subsection (a) regardless of
1-14 whether jurisdiction of the juvenile court has been waived for
1-15 runaway offenses and regardless of whether the justice of the peace
1-16 or municipal judge for the court is a licensed attorney or the
1-17 hearing for the case is before a jury consisting of six persons.
1-18 (c) On a finding that a child has engaged in runaway conduct
1-19 described by Subsection (a), the justice or municipal court shall
1-20 enter an order appropriate to the nature of the conduct.
1-21 (d) On a finding by the justice or municipal court that the
1-22 child has engaged in runaway conduct described in Subsection (a),
1-23 the court has jurisdiction to enter an order that includes one or
1-24 more of the following provisions requiring that:
2-1 (1) the child attend a preparatory class for the high
2-2 school equivalency examination provided under Section 7.111,
2-3 Education Code, if the court determines that the child is too old
2-4 to do well in a formal classroom environment;
2-5 (2) the child attend a special program that the court
2-6 determines to be in the best interests of the child, including:
2-7 (A) an alcohol and drug abuse program;
2-8 (B) rehabilitation;
2-9 (C) counseling, including self-improvement
2-10 counseling;
2-11 (D) training in self-esteem and leadership;
2-12 (E) work and job skills training;
2-13 (F) training in parenting, including parental
2-14 responsibility;
2-15 (G) training in manners;
2-16 (H) training in violence avoidance;
2-17 (I) sensitivity training; and
2-18 (J) training in advocacy and mentoring;
2-19 (3) the child and the child's parent or parents,
2-20 managing conservator, or guardian attend a class for students at
2-21 risk of dropping out of school designed for both the child and the
2-22 child's parent or parents, managing conservator, or guardian;
2-23 (4) the child complete reasonable community service
2-24 requirements;
2-25 (5) the child's driver's license be suspended in the
2-26 manner provided by Section 54.042;
3-1 (6) the child attend school without unexcused
3-2 absences;
3-3 (7) the child participate in a tutorial program
3-4 provided by the school attended by the child in the academic
3-5 subjects in which the child is enrolled for a total number of hours
3-6 ordered by the court; and
3-7 (8) the child not run away from home.
3-8 (e) An order under Subsection (d)(3) that requires a parent,
3-9 managing conservator, or guardian of a child to attend a class for
3-10 students at risk of dropping out of school is enforceable in the
3-11 justice court by contempt.
3-12 (f) A law enforcement officer may refer a child alleged to
3-13 have engaged in runaway conduct described in Subsection (a), Class
3-14 C misdemeanor, to a justice court in the county where the child
3-15 resides or where the child's school is located or to a municipal
3-16 court of the municipality where the child resides or where the
3-17 child's school is located regardless of the juvenile court's
3-18 jurisdiction over children in need of supervision due to runaway
3-19 conduct. A law enforcement officer may refer a child who is
3-20 alleged to be a child in need of supervision under Section
3-21 51.03(b)(3) to the juvenile court.
3-22 (g) A court having jurisdiction under this section shall
3-23 endorse on the summons issued to a parent, guardian, or custodian
3-24 of the child who is the subject of a hearing under this section an
3-25 order directing the parent, guardian, or custodian to appear
3-26 personally at the hearing and directing the person having custody
4-1 of the child to bring the child to the hearing.
4-2 (h) A person commits an offense if the person is a parent,
4-3 guardian, or custodian who fails to attend a hearing under this
4-4 section after receiving notice under Subsection (g) that the
4-5 person's attendance was required. An offense under this subsection
4-6 is a Class C misdemeanor.
4-7 SECTION 2. This Act takes effect September 1, 1999.
4-8 SECTION 3. The importance of this legislation and the
4-9 crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house be suspended, and this rule is hereby suspended.