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.