By Lewis of Tarrant H.B. No. 1549 77R5286 DAK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the sealing of files and records of a person prosecuted 1-3 for failure to attend school. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Article 58.01, Code of Criminal Procedure, is 1-6 amended to read as follows: 1-7 Art. 58.01. Sealing Files and Records of Children. (a) A 1-8 court in which a person under the age of 17 is prosecuted for an 1-9 offense described by Section 8.07(a)(4) or (5), Penal Code, shall 1-10 seal the person's files and records in the same manner and under 1-11 the same conditions that Section 58.003, Family Code, requires a 1-12 juvenile court to seal the files and records of a person 1-13 adjudicated or taken into custody under Title 3, Family Code. 1-14 (b) In addition to sealing files and records in the manner 1-15 provided by Subsection (a), a court in which a person under the age 1-16 of 18 is prosecuted for failure to attend school under Section 1-17 25.094, Education Code, may, on its own motion, seal the person's 1-18 files and records relating to the prosecution on or after the 18th 1-19 birthday of the person without any other finding by the court. A 1-20 copy of the sealing order shall be sent to each agency or official 1-21 named in the order. On entry of the sealing order, the order has 1-22 the same effect as a sealing order entered under Section 58.003, 1-23 Family Code. 1-24 SECTION 2. (a) This Act takes effect immediately if it 2-1 receives a vote of two-thirds of all the members elected to each 2-2 house, as provided by Section 39, Article III, Texas Constitution. 2-3 If this Act does not receive the vote necessary for immediate 2-4 effect, this Act takes effect September 1, 2001. 2-5 (b) The change in law made by this Act applies to the 2-6 sealing of files and records relating to a prosecution for failure 2-7 to attend school under Section 25.094, Education Code, on or after 2-8 the effective date of this Act, without regard to whether the 2-9 prosecution occurred before, on, or after the effective date of 2-10 this Act.