SRC-CTC S.B. 1432 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1432
77R2693 KKA-FBy: West, Royce
Education
4/9/2001
As Filed


DIGEST AND PURPOSE 

Currently, the failure of students to attend school is a problem faced by
several school districts around the state.  As proposed, S.B. 1432 amends
various sections of current state law to more effectively deal with the
state's growing truancy problem. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.091, Education Code, as follows:

Sec. 25.091.  New heading: POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
ATTENDANCE OFFICERS.  Provides that a peace officer serving as an
attendance officer has certain powers and duties concerning enforcement of
compulsory school attendance requirements.    Provides that an attendance
officer employed by a school district who is not commissioned as a peace
officer has certain powers and duties with respect to enforcement of
compulsory school attendance requirements.  Defines "parent" and "peace
officer."  Deletes wording related to the powers, duties, and prohibited
actions of a school attendance officer. 

SECTION 2.  Amends Section 25.093, Education Code, as follows:

Sec. 25.093.  New heading: PARENT CONTRIBUTING TO TRUANCY.  (a) Requires
the school attendance officer or other appropriate school official, as
required by Section 25.095, if any parent of a child required to attend
school fails to require the child to attend school as required by law, to
warn the parent in writing that attendance is immediately required.   

(b) Provides that the parent commits an offense if, after a warning is
issued under Subsection (a), the parent, with criminal negligence, fails to
require the child to attend school as required by law and the child has
absences, rather than unexcused voluntary absences, for the amount of time
specified under Section 25.094, rather than Section 51.03(b)(2), Family
Code.   

(c) Requires the attendance officer or other appropriate school official to
file a complaint against the parent in a justice court, but not the county
court, in the county in which the parent resides or in which the school is
located, or in a municipal court of the municipality in which the parent
resides or in which the school is located.  Deletes wording related to the
filing of a complaint. 

(d)  Deletes wording related to a requirement of a court in which a
complaint is filed. Authorizes the court, if the court orders deferred
disposition under Article 45.051 (Suspension of Sentence and Deferral of
Final Disposition), Code of Criminal  Procedure, rather than probates a
sentence, to require the defendant to provide, rather than render, personal
services to a charitable or educational institution as a condition of the
deferral, rather than probation. 

[Note: As filed, the bill does not state if the above reference to Article
45.051, Code of Criminal Procedure is to Article 45.051, Chapter 532, Acts
of the 76th Legislature, Regular Session, 1999, or to Article 45.051,
Chapter 1387, Acts of the 76th Legislature, Regular Session, 1999.] 
  
  (e) Makes a conforming change.

(g) Authorizes the court in which a conviction, deferred adjudication, or
deferred disposition for an offense under this section occurs to order the
defendant to attend a program, rather than a class, for parents of students
with unexcused absences that provides instruction designed to assist those
parents in identifying problems that contribute to the student's unexcused
absences and in developing strategies for resolving those problems if a
program is available, rather than if the school district in which the
person resides offers such a class. 

(h) Authorizes the court, if a parent refuses to obey a court order entered
under this section, to punish the parent for contempt of court under
Section 21.002 (Contempt of Court), Government Code. 

(i)  Provides that it is an affirmative defense to prosecution under this
section that one or more of the absences required to be proven under
Subsection (b) was excused by a school official or should be excused by the
court.  Provides that the burden is on the defendant to show by a
preponderance of evidence that the absence has been or should be excused.
Provides that a decision by the court to excuse an absence for purposes of
this section does not affect the ability of the school district to
determine whether to excuse the absence for another purpose. 

SECTION 3.  Amends Section 25.094, Education Code, to provide that an
individual, rather than a child, commits an offense under certain
circumstances.  Deletes wording related to an amount of time an individual
fails to attend school.  Authorizes a justice or municipal court, on a
finding by the court that the individual has committed an offense under
this section, to enter an order that includes one or more of the
requirements listed in Article 45.054 (Failure to Attend School
Proceedings), Code of Criminal Procedure, rather than Section 54.021(d),
Family Code.  Deletes wording related to transferring a complaint to a
juvenile court.  Authorizes a peace officer, pursuant to an order of the
justice or municipal court based on an affidavit showing probable cause to
believe that an individual has committed an offense under this section, to
take the individual into custody.  Deletes wording relating to reasonable
grounds needed to take a child into custody.  Sets forth an affirmative
defense to prosecution under this section.  Provides that the burden is on
the defendant to show by a preponderance of evidence that the absence has
been or should be excused.  Provides that a decision by the court to excuse
an absence for purposes of this section does not affect the ability of the
school district to determine whether to excuse the absence for another
purpose.  Sets forth an affirmative defense to prosecution under this
section.  Provides that the burden is on the defendant to show by a
preponderance of evidence that the absence was involuntary.  Deletes
wording relating to authorization to have a conviction expunged,
requirements of an application under this section, and requirements
regarding expunging an applicant's record.  Makes conforming changes. 

SECTION 4.  Amends Section 25.095, Education Code, to require a school
district to notify a student's parent in writing if, in a four-week, rather
than a six-month, period, the student has been absent without an excuse
three, rather than five, times for any part of the day.  Requires the
notice to request a conference between school officials and the student's
parent to discuss the absences.  Deletes wording related to certain
consequences of a student's absences. 
 
SECTION 5.  Amends Chapter 25C, Education Code, by adding Section 25.0951
and 25.0952, as follows: 

Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND
SCHOOL.  (a) Requires a school district, if a student fails to attend
school without excuse on 10 or more days or parts of days within a
six-month period in the same school year, to take certain actions.   

(b) Authorizes the school district, if a student fails to attend school
without excuse on three or more days or parts of days within a four-week
period but does not fail to attend school for the time described in
Subsection (a), to take certain actions. 

Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED OFFENSES. Requires
a justice or municipal court, in a proceeding in the court based on a
complaint under Section 25.093 or 25.094, to use the procedures and
exercise the powers authorized by Chapter 45 (Justice and Municipal
Courts), Code of Criminal Procedure, except as otherwise provided by this
chapter. 

SECTION 6.  Amends Article 45.050, Code of Criminal Procedure, to define
"child."  Prohibits a justice or municipal court from ordering the
confinement of a child for contempt of another order of a justice or
municipal court.  Deletes wording related to the jurisdiction of a justice
or municipal court to hold a child in contempt of a court order.
Authorizes a justice or municipal court, if a child fails to obey an order
of the justice or municipal court under circumstances that would constitute
contempt of court, to retain jurisdiction of the case and take certain
actions.  Requires a court that orders suspension or denial of a driver's
license or permit under this section to notify the Department of Public
Safety on receiving proof that the child has fully complied with the orders
of the court.  Makes conforming changes. 

SECTION 7.  Amends Chapter 45B, Code of Criminal Procedure, by adding
Articles 45.054-45.059, as follows: 

Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS.  (a) Sets forth the
provisions that a justice or municipal court, on a finding by the court
that an individual has committed an offense under Section 25.094 (),
Education Code, has jurisdiction to require in an order. 

(b) Provides that an order under Subsection (a)(3) that requires the parent
of an individual to attend a class for students at risk of dropping out of
school is enforceable in the justice or municipal court by contempt. 

(c) Requires a court having jurisdiction under this section to endorse on
the summons issued to the parent of the individual who is the subject of
the hearing an order directing the parent to appear personally at the
hearing and directing the person having custody of the individual to bring
the individual to the hearing.   

(d) Sets forth the conditions under which an individual commits an offense
under this subsection, and provides that an offense under this subsection
is a Class C misdemeanor. 

(e) Requires the court, on the commencement of proceedings under this
article, to inform the individual who is the subject of the hearing and the
individual's parent in open court of the individual's expunction rights and
provide the individual and the individual's parent with a written copy of
Article 45.055. 

(f) Authorizes the court, in addition to any other order authorized by this
article, to  order the Department of Public Safety to suspend or deny the
issuance of the driver's license or permit of the individual who is the
subject of the hearing for a period specified by the court not to exceed
365 days. 

(g) Provides that a dispositional order under this article is effective for
the period specified by the court in the order but is prohibited from
extending beyond the 180th day after the date of the order or beyond the
end of the school year in which the order was entered, whichever period is
longer. 

  (h) Defines "parent."

Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE TO ATTEND
SCHOOL CLASSES.  (a) Authorizes an individual convicted of not more than
one violation of Section 25.094 (Failure to Attend School), Education Code,
to apply to the court in which the individual was convicted, on or after
the individual's 18th birthday, to have the conviction and records relating
to the conviction expunged. 

  (b) Sets forth the requirements for an applicant to request an expunction.

(c) Authorizes the court to expunge the conviction and records relating to
the conviction without a hearing or to order a hearing on the application
if the facts are in doubt. Requires the court, if the court finds that the
applicant has not been convicted of more than one violation of Section
25.094, Education Code, to order the conviction, together with all
complaints, verdicts, sentences, and other documents relating to the
offense, including any documents in the possession o a school district or
law enforcement agency, to be expunged from the applicant's record.
Provides that the applicant is released from all disabilities resulting
from the conviction and prohibits the conviction from being shown or made
known for any purpose after entry of the order.  Requires the court to
inform the applicant of the court's decision. 

(d) Prohibits the justice or municipal court from requiring an individual
who files an application under this article to pay any fee or court costs
for seeking expunction. 

Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS; REIMBURSEMENT.
Authorizes a justice court, municipal court, school district, juvenile
probation department, or other appropriate governmental entity, on approval
of certain authorities, to take certain actions.  Authorizes a local entity
to apply, or more than one local entity to jointly apply, to the criminal
justice division of the governor's office for reimbursement of all or part
of the costs of employing one or more truancy case managers from funds
appropriated to the governor's office or otherwise available for that
purpose.  Sets forth the eligibility requirements for reimbursement under
this article. 

Art. 45.057.  OFFENSES COMMITTED BY JUVENILES OTHER THAN FAILURE TO ATTEND
SCHOOL.  (a) Defines "child." 

(b) Sets forth the jurisdictional powers of a justice or municipal court on
a finding by the court that a child committed an offense that the court has
jurisdiction of under Article 4.11 or 4.14, other than a traffic offense or
an offense under Section 25.094, Education Code. 

(c) Authorizes the justice or municipal court to order the parent, managing
conservator, or guardian of the child required to attend a program under
Subsection (b) to pay an amount not greater than $100 to pay for the costs
of the program. 

(d) Authorizes a justice or municipal court to require a child, parent,
managing  conservator, or guardian required to attend a program, class, or
function under this article to submit proof of attendance to the court. 

(e) Requires a justice or municipal court to endorse on the summons issued
to a parent, managing conservator, or guardian an order to appear
personally at the hearing with the child.  Requires the summons to include
a warning that the failure of the parent, managing conservator, or guardian
to appear may be punishable as a Class C misdemeanor. 

(f) Provides that an order under this article involving a child is
enforceable under Article 45.050. 

(g) Sets forth the conditions constituting an offense under this article.
Provides that an offense under this subsection is a Class C misdemeanor. 

(h) Provides that any other order under this article is enforceable by the
justice or municipal court by contempt. 

Art. 45.058.  CHILDREN TAKEN INTO CUSTODY.  (a) Authorizes a child to be
released to the child's parent, guardian, custodian, or other responsible
adult as provided by Section 52.02(a)(1), Family Code, if the child is
taken into custody for an offense that a justice or municipal court has
jurisdiction of under Article 4.11 or 4.14, Code of Criminal Procedure,
other than public intoxication. 

(b) Requires a child described by Subsection (a) to be taken only to a
place previously designated by the head of the law enforcement agency with
custody of the child as a appropriate place of nonsecure custody for
children unless certain conditions are met. 

(c) Requires a place of nonsecure custody for children to be an unlocked,
multipurpose area.  Provides that a lobby, office, or interrogation room is
suitable if the area is not designated, set aside, or used as a secure
detention area and is not part of a secure detention area.  Authorizes a
place of nonsecure custody to be a juvenile processing office designated
under Section 52.025 (Designation of Juvenile Processing Office), Family
Code, if the area is not locked when it is used as a place of nonsecure
custody. 

(d) Sets forth the required procedures to be followed in a place of
nonsecure custody for children. 

(e) Prohibits a child, notwithstanding any other provision of this article,
from being detained in a place of nonsecure custody for more than six hours
under any circumstances. 

(f) Authorizes a child taken into custody for an offense that a justice or
municipal court has jurisdiction of under Article 4.11 or 4.14, other than
public intoxication, to be presented or detained in a specific detention
facility under certain conditions. 

(g) Authorizes a law enforcement officer to issue a field release citation,
as provided by Article 14.06 in place of taking a child into custody for a
traffic offense or an offense, other than public intoxication, punishable
by fine only. 

  (h) Defines "child."

Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF JUVENILE CURFEW
OR ORDER.  Requires a peace officer taking into custody a person younger
than 17 years of age for violation of a juvenile curfew ordinance of a
municipality or order of the  commissioners court of a county to take
certain actions without unnecessary delay.  Sets forth required procedures
for a juvenile curfew processing officer to follow.  Provides that a place
designated under this article as a juvenile curfew processing office is not
subject to the approval of the juvenile board having jurisdiction where the
governmental entity is located. 

SECTION 8.  Amends Article 102.014(d), Code of Criminal Procedure, to
require a person convicted of an offense under Section 25.094 (Failure to
Attend School), Education Code, to pay as taxable court costs $20 in
addition to other taxable court costs.  Deletes wording related to a child
convicted of an offense under Section 25.094, Education Code. 

SECTION 9.  Amends Sections 51.03(b), (d), and (e), Family Code, to delete
wording related to conduct indicating a need for supervision.  Provides
that conduct indicating a need for supervision is, among other things, the
absence of a child on 10 or more days or parts of days within a six-month
period in the same school year or on three or more days or parts of days
within a four-week period from school; or the voluntary absence of a child
from the child's home without the consent of the child's parent or guardian
for a substantial length of time or without intent to return. 

(d) Sets forth the criteria for an affirmative defense to an allegation of
conduct under Subsection (b)(2).  Provides that the burden is on the
respondent to show by a preponderance of evident that the absence has been
or should be excused or that the absence was involuntary.  Provides that a
decision by the court to excuse an absence for purposes of this subsection
does not affect the ability of the school district to determine whether to
excuse the absence for another purpose.  Deletes wording related to the
criteria for an absence to be excused. 

 (e) Makes a conforming change.

SECTION 10.  Amends Section 51.12(a), Family Code, to authorize a child to
be detained only in a place of nonsecure custody in compliance with Article
45.058 (Children Taken Into Custody), Code of Criminal Procedure, rather
than Section 52.027. 

SECTION 11.  Amends Section 54.021, Family Code, to authorize a justice or
municipal court to exercise jurisdiction over a person alleged to have
engaged in conduct indicating a need for supervision by engaging in conduct
described in Section 51.03(b)(2) in a case where a complaint is filed by
the appropriate authority in the justice or municipal court charging an
offense under Section 25.094 (Failure to Attend School), Education Code.
Provides that a proceeding in a justice or municipal court on a complaint
charging an offense under Section 25.094, Education Code, is governed by
Chapter 45 (Justice and Municipal Courts), Code of Criminal Procedure. 

SECTION 12.  Amends Section 54.041(f), Family Code, to make conforming
changes. 

SECTION 13.  Amends Section 264.302(e), Family Code, to require the
Department of Protective and Regulatory Services to provide services for a
child and the child's family if a contract to provide services under this
section is available in the county and the child is referred to the
department as an atrisk child by a justice or municipal court under Article
45.057 (Offenses Committed by Juveniles Other Than Failure to Attend
School), Code of Criminal Procedure, rather than Section 54.022. 

SECTION 14. Amends Section 7.111(a), Education Code, as amended by Chapters
76 and 1282, Acts of the 76th Legislature, Regular Session, 1999, to
authorize a person who does not have a high school diploma to take the
examination in accordance with rules adopted by the board if the person is,
among other things, required to take the examination under a justice or
municipal court order issued under Article 45.054(a)(1)(B), Code of
Criminal Procedure, rather than Section 54.021(d)(1)(B), Family Code. 

SECTION 15.  Amends Section 351.903(b), Local Government Code, to provide
that this authority includes the authority to prescribe procedures, in
compliance with Article 45.059 (Children Taken Into  Custody for Violation
of Juvenile Curfew or Order), Code of Criminal Procedure, rather than
Section 52.028 (Children Taken into Custody for Violation of Juvenile
Curfew Ordinance or Order), Family Code, a police officer must follow in
enforcing the curfew. 

SECTION 16.  Repealer: Section 25.096 (Additional Authorization to Enforce
Compulsory Attendance Law), Education Code; Sections 52.027 (Children Taken
into Custody for Traffic Offenses, Other Fineable Only Offenses, or as a
Status Offender), 52.028 (Children Taken into Custody for Violation of
Juvenile Curfew Ordinance or Order), 52.021(c)-(h), and 54.022 (Justice or
Municipal Court: Certain Misdemeanors), Family Code. 

SECTION 17.  Makes application of this Act prospective.

SECTION 18.  Provides that an absence that occurs during the 2001-2002
school year, for the purposes of Sections 25.093 and 25.094, Education
Code, as amended by this Act, and Section 51.03, Family Code, as amended by
this Act, is included in determining the number of a student's absences,
regardless of whether the absence occurred before the effective date of
this Act. 

SECTION 19.  Effective date: September 1, 2001.