HBA-CBW H.B. 3345 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3345
By: Sadler
Juvenile Justice & Family Issues
4/1/2001
Introduced



BACKGROUND AND PURPOSE 

Currently,  a juvenile court is without jurisdiction to conduct a hearing
for a person who has committed truancy or failed to attend school.
However, a justice or municipal court has jurisdiction over such an
offense.  In 1997, the legislature increased the age of compulsory school
attendance by one year which now requires the transfer to a juvenile court
of proceedings against an individual who will have attained the
individual's17th birthday prior to the first appearance in juvenile court.
Increasing the age of compulsory school attendance past an individual's
17th birthday and not extending juvenile court jurisdiction beyond the age
of 17 has created confusion regarding the jurisdiction of cases involving
such individuals. House Bill 3345 gives the juvenile court concurrent
jurisdiction with the justice and municipal courts over conduct engaged in
by a child related to truancy and failure to attend school. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3345 amends the Family Code to provide that the juvenile court
has concurrent jurisdiction with the justice and municipal courts over
conduct engaged in by a child who commits an offense by failing  to attend
school. The bill provides that a failure of a child to attend school is
considered conduct in need of supervision. 

H.B. 3345 amends the Education Code to provide that a school attendance
officer has the power and duty to refer to a juvenile court or to file a
complaint in a justice or municipal court against a student who fails to
attend school. The bill provides that on a  finding by a juvenile court
that a child has failed to attend school, the court may enter an order that
includes certain requirements and provides that a student is subject to
prosecution for failing to attend school. 

EFFECTIVE DATE

September 1, 2001.