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.