By Sadler H.B. No. 3345
77R1984 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the jurisdiction of a juvenile court over certain
1-3 truant conduct.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.03(f), Family Code, is amended to read
1-6 as follows:
1-7 (f) Conduct described under Subsection (b)(1) [of this
1-8 section], other than conduct that violates Section 49.02, Penal
1-9 Code, prohibiting public intoxication, or that violates Section
1-10 25.094, Education Code, does not constitute conduct indicating a
1-11 need for supervision unless the child has been referred to the
1-12 juvenile court under Section 51.08(b) [of this code].
1-13 SECTION 2. Section 51.04, Family Code, is amended by amending
1-14 Subsection (a) and adding Subsection (h) to read as follows:
1-15 (a) This title covers the proceedings in all cases involving
1-16 the delinquent conduct or conduct indicating a need for supervision
1-17 engaged in by a person who was a child within the meaning of this
1-18 title at the time the person [he] engaged in the conduct, and,
1-19 except as provided by Subsection (h), the juvenile court has
1-20 exclusive original jurisdiction over proceedings under this title.
1-21 (h) The juvenile court has concurrent jurisdiction with the
1-22 justice and municipal courts over conduct engaged in by a child
1-23 that violates Section 25.094, Education Code.
1-24 SECTION 3. Sections 54.021(c) and (d), Family Code, are
2-1 amended to read as follows:
2-2 (c) On a finding that a person has engaged in conduct
2-3 described by Section 51.03(b)(2) or conduct that violates Section
2-4 25.094, Education Code, the juvenile court or the justice or
2-5 municipal court shall enter an order appropriate to the nature of
2-6 the conduct.
2-7 (d) On a finding by the juvenile court or the justice or
2-8 municipal court that the person has engaged in truant conduct
2-9 described in Section 51.03(b)(2) or conduct that violates Section
2-10 25.094, Education Code, the court has jurisdiction to enter an
2-11 order that includes one or more of the following provisions
2-12 requiring that:
2-13 (1) the person do either or both of the following:
2-14 (A) attend a preparatory class for the high
2-15 school equivalency examination provided under Section 7.111,
2-16 Education Code, if the court determines that the person is too old
2-17 to do well in a formal classroom environment; or
2-18 (B) if the person is at least 16 years of age,
2-19 take the high school equivalency examination provided under Section
2-20 7.111, Education Code;
2-21 (2) the person attend a special program that the court
2-22 determines to be in the best interests of the person, including:
2-23 (A) an alcohol and drug abuse program;
2-24 (B) rehabilitation;
2-25 (C) counseling, including self-improvement
2-26 counseling;
2-27 (D) training in self-esteem and leadership;
3-1 (E) work and job skills training;
3-2 (F) training in parenting, including parental
3-3 responsibility;
3-4 (G) training in manners;
3-5 (H) training in violence avoidance;
3-6 (I) sensitivity training; and
3-7 (J) training in advocacy and mentoring;
3-8 (3) the person and the person's parents, managing
3-9 conservator, or guardian attend a class for students at risk of
3-10 dropping out of school designed for both the person and the
3-11 person's parents, managing conservator, or guardian;
3-12 (4) the person complete reasonable community service
3-13 requirements;
3-14 (5) the person's driver's license be suspended in the
3-15 manner provided by Section 54.042;
3-16 (6) the person attend school without unexcused
3-17 absences; or
3-18 (7) the person participate in a tutorial program
3-19 provided by the school attended by the person in the academic
3-20 subjects in which the person is enrolled for a total number of
3-21 hours ordered by the court.
3-22 SECTION 4. Section 54.041(f), Family Code, is amended to read
3-23 as follows:
3-24 (f) If a child is found to have engaged in conduct
3-25 indicating a need for supervision that violates Section 25.094,
3-26 Education Code, or that is described under Section 51.03(b)(2) [of
3-27 this code], the court may order the child's parents or guardians to
4-1 attend a class described by Section 25.093(h), Education Code, if
4-2 the school district in which the child's parents or guardians
4-3 reside offers a class under that section.
4-4 SECTION 5. Section 25.091(a), Education Code, is amended to
4-5 read as follows:
4-6 (a) A school attendance officer has the following powers and
4-7 duties:
4-8 (1) to investigate each case of unexcused absence from
4-9 school;
4-10 (2) to administer oaths and to serve legal process;
4-11 (3) to enforce the compulsory school attendance law;
4-12 (4) to keep a record of each case of any kind
4-13 investigated by the officer in the discharge of the officer's
4-14 duties;
4-15 (5) to make any report required by the commissioner
4-16 concerning the discharge of the officer's duties; and
4-17 (6) to:
4-18 (A) refer to a juvenile court or to a justice or
4-19 municipal court if the juvenile court has waived jurisdiction as
4-20 provided by Section 54.021(a), Family Code, any student who has
4-21 unexcused voluntary absences for the amount of time specified under
4-22 Section 51.03(b)(2), Family Code;
4-23 (B)[, or to] file a complaint against any person
4-24 standing in parental relation who violates Section 25.093; or
4-25 (C) refer to a juvenile court or to file a
4-26 complaint in a justice or municipal court against a student who
4-27 violates Section 25.094.
5-1 SECTION 6. Section 25.094(c), Education Code, is amended to
5-2 read as follows:
5-3 (c) On a finding by the justice or municipal court that the
5-4 child has committed an offense under Subsection (a) or on a finding
5-5 by a juvenile court that the child has engaged in conduct that
5-6 violates Subsection (a), the court may enter an order that includes
5-7 one or more of the requirements listed in Section 54.021(d), Family
5-8 Code.
5-9 SECTION 7. Section 25.095(a), Education Code, is amended to
5-10 read as follows:
5-11 (a) A school district shall notify a student's parent in
5-12 writing if, in a six-month period, the student has been absent
5-13 without an excuse five times for any part of the day. The notice
5-14 must state that if the student is absent without an excuse for 10
5-15 or more days or parts of days in a six-month period:
5-16 (1) the student's parent is subject to prosecution
5-17 under Section 25.093; and
5-18 (2) the student is subject to prosecution under
5-19 Section 25.094 or to referral to a juvenile court for conduct that
5-20 violates that section.
5-21 SECTION 8. The change in law made by this Act applies only to
5-22 a defendant charged with an offense committed or, for the purposes
5-23 of Title 3, Family Code, a child alleged to have engaged in
5-24 conduct that occurs on or after the effective date of this Act. An
5-25 offense committed or conduct that occurs before the effective date
5-26 of this Act is covered by the law in effect when the offense was
5-27 committed or the conduct occurred, and the former law is continued
6-1 in effect for that purpose. For purposes of this section, an
6-2 offense was committed before the effective date of this Act if
6-3 every element of the offense occurred before that date, and conduct
6-4 violating a penal law of this state occurred before the effective
6-5 date of this Act if every element of the violation occurred before
6-6 that date.
6-7 SECTION 9. This Act takes effect September 1, 2001.