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.