By Burnam, et al. H.B. No. 2049
77R5882 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement by open-enrollment charter schools of laws
1-3 concerning compulsory school attendance.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.088, Education Code, is amended to read
1-6 as follows:
1-7 Sec. 25.088. SCHOOL ATTENDANCE OFFICER. The school
1-8 attendance officer may be selected by:
1-9 (1) the county school trustees of any county; [or]
1-10 (2) the board of trustees of any school district or
1-11 the boards of trustees of two or more school districts jointly; or
1-12 (3) the governing body of an open-enrollment charter
1-13 school.
1-14 SECTION 2. Section 25.089(a), Education Code, is amended to
1-15 read as follows:
1-16 (a) An attendance officer may be compensated from the funds
1-17 of the county, [or the] independent school district, or
1-18 open-enrollment charter school, as applicable.
1-19 SECTION 3. Section 25.090, Education Code, is amended to read
1-20 as follows:
1-21 Sec. 25.090. ATTENDANCE OFFICER NOT SELECTED. (a) In those
1-22 counties and independent school districts where an attendance
1-23 officer has not been selected, the duties of attendance officer
1-24 shall be performed by the school superintendents and peace officers
2-1 of the counties and districts.
2-2 (b) If the governing body of an open-enrollment charter
2-3 school has not selected an attendance officer, the duties of
2-4 attendance officer shall be performed by the peace officers of the
2-5 county in which the school is located.
2-6 (c) Additional compensation may not be paid for [the]
2-7 services performed under this section.
2-8 SECTION 4. Sections 25.093(f) and (g), Education Code, are
2-9 amended to read as follows:
2-10 (f) A fine collected under this section shall be deposited
2-11 as follows:
2-12 (1) one-half shall be deposited to the credit of the
2-13 operating fund of, as applicable:
2-14 (A) the school district in which the child
2-15 attends school;
2-16 (B) the open-enrollment charter school the child
2-17 attends; or
2-18 (C) [of] the juvenile justice alternative
2-19 education program that the child has been ordered to attend[, as
2-20 applicable]; and
2-21 (2) one-half shall be deposited to the credit of:
2-22 (A) the general fund of the county, if the
2-23 complaint is filed in the county court or justice court; or
2-24 (B) the general fund of the municipality, if the
2-25 complaint is filed in municipal court.
2-26 (g) At the trial of any person charged with violating this
2-27 section, the attendance records of the child may be presented in
3-1 court by any authorized employee of the school district or
3-2 open-enrollment charter school, as applicable.
3-3 SECTION 5. Section 25.095(a), Education Code, is amended to
3-4 read as follows:
3-5 (a) A school district or open-enrollment charter school
3-6 shall notify a student's parent in writing if, in a six-month
3-7 period, the student has been absent without an excuse five times
3-8 for any part of the day. The notice must state that if the student
3-9 is absent without an excuse for 10 or more days or parts of days in
3-10 a six-month period:
3-11 (1) the student's parent is subject to prosecution
3-12 under Section 25.093; and
3-13 (2) the student is subject to prosecution under
3-14 Section 25.094.
3-15 SECTION 6. This Act applies beginning with the 2001-2002
3-16 school year.
3-17 SECTION 7. This Act takes effect immediately if it receives
3-18 a vote of two-thirds of all the members elected to each house, as
3-19 provided by Section 39, Article III, Texas Constitution. If this
3-20 Act does not receive the vote necessary for immediate effect, this
3-21 Act takes effect September 1, 2001.