By Reyna of Bexar H.B. No. 3461
77R2693 KKA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to truancy and the authority of justice and municipal
1-3 courts in relation to children; providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 25.091, Education Code, is amended to read
1-6 as follows:
1-7 Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
1-8 ATTENDANCE OFFICERS [OFFICER]. (a) A peace officer serving as an
1-9 attendance officer has the following powers and duties concerning
1-10 enforcement of compulsory school attendance requirements:
1-11 (1) to investigate each case of a violation of
1-12 compulsory school attendance requirements referred to the peace
1-13 officer;
1-14 (2) to enforce compulsory school attendance
1-15 requirements by:
1-16 (A) referring a student to a juvenile court or
1-17 filing a complaint against a student in a justice or municipal
1-18 court if the student has unexcused absences for the amount of time
1-19 specified under Section 25.094 or under Section 51.03(b)(2), Family
1-20 Code; and
1-21 (B) filing a complaint in a justice or municipal
1-22 court against a parent who violates Section 25.093;
1-23 (3) to serve court-ordered legal process;
1-24 (4) to monitor school attendance compliance by each
2-1 student investigated by the officer;
2-2 (5) to maintain an investigative record on each
2-3 compulsory school attendance requirement violation and related
2-4 court action and, at the request of a court, the board of trustees
2-5 of a school district, or the commissioner, to provide a record to
2-6 the individual or entity requesting the record;
2-7 (6) to make a home visit or otherwise contact the
2-8 parent of a student who is in violation of compulsory school
2-9 attendance requirements, except that a peace officer may not enter
2-10 a residence without the permission of the parent of a student
2-11 required under this subchapter to attend school or of the tenant or
2-12 owner of the residence, except to lawfully serve court-ordered
2-13 legal process on the parent; and
2-14 (7) to take a student into custody with the permission
2-15 of the student's parent or in obedience to a court-ordered legal
2-16 process.
2-17 (b) An attendance officer employed by a school district who
2-18 is not commissioned as a peace officer has the following powers and
2-19 duties with respect to enforcement of compulsory school attendance
2-20 requirements:
2-21 (1) to investigate each case of a violation of the
2-22 compulsory school attendance requirements referred to the
2-23 attendance officer;
2-24 (2) to enforce compulsory school attendance
2-25 requirements by:
2-26 (A) referring a student to a juvenile court or
2-27 filing a complaint against a student in a justice or municipal
3-1 court if the student has unexcused absences for the amount of time
3-2 specified under Section 25.094 or under Section 51.03(b)(2), Family
3-3 Code; and
3-4 (B) filing a complaint in a justice or municipal
3-5 court against a parent who violates Section 25.093;
3-6 (3) to monitor school attendance compliance by each
3-7 student investigated by the officer;
3-8 (4) to maintain an investigative record on each
3-9 compulsory school attendance requirement violation and related
3-10 court action and, at the request of a court, the board of trustees
3-11 of a school district, or the commissioner, to provide a record to
3-12 the individual or entity requesting the record;
3-13 (5) to make a home visit or otherwise contact the
3-14 parent of a student who is in violation of compulsory school
3-15 attendance requirements, except that the attendance officer may not
3-16 enter a residence without permission of the parent or of the owner
3-17 or tenant of the residence;
3-18 (6) at the request of a parent, to escort a student
3-19 from any location to a school campus to ensure the student's
3-20 compliance with compulsory school attendance requirements; and
3-21 (7) if the attendance officer has or is informed of a
3-22 court-ordered legal process directing that a student be taken into
3-23 custody, and the school district employing the officer does not
3-24 employ its own police department, to contact the sheriff,
3-25 constable, or any peace officer to request that the student be
3-26 taken into custody and processed according to the legal process.
3-27 (c) In this section:
4-1 (1) "Parent" includes a person standing in parental
4-2 relation.
4-3 (2) "Peace officer" has the meaning assigned by
4-4 Article 2.12, Code of Criminal Procedure. [A school attendance
4-5 officer has the following powers and duties:]
4-6 [(1) to investigate each case of unexcused absence
4-7 from school;]
4-8 [(2) to administer oaths and to serve legal process;]
4-9 [(3) to enforce the compulsory school attendance law;]
4-10 [(4) to keep a record of each case of any kind
4-11 investigated by the officer in the discharge of the officer's
4-12 duties;]
4-13 [(5) to make any report required by the commissioner
4-14 concerning the discharge of the officer's duties; and]
4-15 [(6) to refer to a juvenile court or to a justice
4-16 court if the juvenile court has waived jurisdiction as provided by
4-17 Section 54.021(a), Family Code, any student who has unexcused
4-18 voluntary absences for the amount of time specified under Section
4-19 51.03(b)(2), Family Code, or to file a complaint against any person
4-20 standing in parental relation who violates Section 25.093 or to
4-21 file a complaint against a student who violates Section 25.094.]
4-22 [(b) A school attendance officer may not enter a private
4-23 residence or any part of a private residence without the permission
4-24 of the owner or tenant except to serve lawful process on a parent,
4-25 guardian, or other person standing in parental relation to a child
4-26 to whom the compulsory school attendance law applies.]
4-27 [(c) A school attendance officer may not forcibly take
5-1 corporal custody of any child anywhere without permission of the
5-2 parent, guardian, or other person standing in parental relation to
5-3 the child except in obedience to a valid process issued by a court
5-4 of competent jurisdiction.]
5-5 SECTION 2. Section 25.093, Education Code, is amended to read
5-6 as follows:
5-7 Sec. 25.093. PARENT CONTRIBUTING TO TRUANCY [THWARTING
5-8 COMPULSORY ATTENDANCE LAW]. (a) If any parent of a child required
5-9 to attend school fails to require the child to attend school as
5-10 required by law, the school attendance officer or other appropriate
5-11 school official shall, as required by Section 25.095, warn the
5-12 parent in writing that attendance is immediately required.
5-13 (b) If, after a warning is issued under Subsection (a), the
5-14 parent with criminal negligence fails to require the child to
5-15 attend school as required by law and the child has [unexcused
5-16 voluntary] absences for the amount of time specified under Section
5-17 25.094 [51.03(b)(2), Family Code], the parent commits an offense.
5-18 (c) The attendance officer or other appropriate school
5-19 official shall file a complaint against the parent [in the county
5-20 court,] in a justice court in the county in which the parent
5-21 resides or in which the school is located[,] or in a municipal
5-22 court of the municipality in which the parent resides or in which
5-23 the school is located. [The attendance officer shall file a
5-24 complaint under this section in the court to which the parent's
5-25 child has been referred for engaging in conduct described in
5-26 Section 51.03(b)(2), Family Code, if a referral has been made for
5-27 the child. If a referral has not been made, the attendance officer
6-1 shall refer the child to the county juvenile probation department
6-2 for action as engaging in conduct indicating a need for supervision
6-3 under that section.]
6-4 (d) [A court in which a complaint is filed under this
6-5 section shall give preference to a hearing on the complaint over
6-6 other cases before the court.]
6-7 [(e)] An offense under this section is a Class C
6-8 misdemeanor. Each day the child remains out of school after the
6-9 warning has been given or the child has been ordered to attend
6-10 school by the juvenile court may constitute a separate offense.
6-11 Two or more offenses under this section may be consolidated and
6-12 prosecuted in a single action. If the court orders deferred
6-13 disposition under Article 45.051, Code of Criminal Procedure
6-14 [probates the sentence], the court may require the defendant to
6-15 provide [render] personal services to a charitable or educational
6-16 institution as a condition of the deferral [probation].
6-17 (e) [(f)] A fine collected under this section shall be
6-18 deposited as follows:
6-19 (1) one-half shall be deposited to the credit of the
6-20 operating fund of the school district in which the child attends
6-21 school or of the juvenile justice alternative education program
6-22 that the child has been ordered to attend, as applicable; and
6-23 (2) one-half shall be deposited to the credit of:
6-24 (A) the general fund of the county, if the
6-25 complaint is filed in the [county court or] justice court; or
6-26 (B) the general fund of the municipality, if the
6-27 complaint is filed in municipal court.
7-1 (f) [(g)] At the trial of any person charged with violating
7-2 this section, the attendance records of the child may be presented
7-3 in court by any authorized employee of the school district.
7-4 (g) [(h)] The court in which a conviction, deferred
7-5 adjudication, or deferred disposition for an offense under this
7-6 section occurs may order the defendant to attend a program [class]
7-7 for parents of students with unexcused absences that provides
7-8 instruction designed to assist those parents in identifying
7-9 problems that contribute to the students' unexcused absences and in
7-10 developing strategies for resolving those problems if a program is
7-11 available [the school district in which the person resides offers
7-12 such a class].
7-13 (h) If a parent refuses to obey a court order entered under
7-14 this section, the court may punish the parent for contempt of court
7-15 under Section 21.002, Government Code.
7-16 (i) It is an affirmative defense to prosecution under this
7-17 section that one or more of the absences required to be proven
7-18 under Subsection (b) was excused by a school official or should be
7-19 excused by the court. The burden is on the defendant to show by a
7-20 preponderance of the evidence that the absence has been or should
7-21 be excused. A decision by the court to excuse an absence for
7-22 purposes of this section does not affect the ability of the school
7-23 district to determine whether to excuse the absence for another
7-24 purpose.
7-25 (j) [(i)] In this section, "parent" includes a person
7-26 standing in parental relation.
7-27 SECTION 3. Section 25.094, Education Code, is amended to read
8-1 as follows:
8-2 Sec. 25.094. FAILURE TO ATTEND SCHOOL. (a) An individual [A
8-3 child] commits an offense if the individual [child]:
8-4 (1) is required to attend school under Section 25.085;
8-5 and
8-6 (2) fails to attend school on 10 or more days or parts
8-7 of days within a six-month period in the same school year or on
8-8 three or more days or parts of days within a four-week period [for
8-9 the amount of time specified under Section 51.03(b)(2), Family
8-10 Code, and is not excused under Section 25.087].
8-11 (b) An offense under this section may be prosecuted in a
8-12 justice court in the county in which the individual [child] resides
8-13 or in which the school is located or in a municipal court in the
8-14 municipality in which the individual [child] resides or in which
8-15 the school is located.
8-16 (c) On a finding by the justice or municipal court that the
8-17 individual [child] has committed an offense under Subsection (a),
8-18 the court may enter an order that includes one or more of the
8-19 requirements listed in Article 45.054, Code of Criminal Procedure
8-20 [Section 54.021(d), Family Code].
8-21 (d) [If the justice or municipal court finds that a child
8-22 has violated an order issued under Subsection (c), the court shall
8-23 transfer the complaint against the child, together with all
8-24 pleadings and orders, to a juvenile court for the county in which
8-25 the child resides. The juvenile court shall conduct an
8-26 adjudication hearing as provided by Section 54.03, Family Code. The
8-27 adjudication hearing shall be de novo.]
9-1 [(e)] Pursuant to an order of the justice or municipal court
9-2 based on an affidavit showing probable cause to believe that an
9-3 individual has committed an offense under this section, a peace
9-4 officer may take the individual [a child] into custody [if there
9-5 are reasonable grounds to believe that the child has committed an
9-6 offense under this section]. A peace officer taking an individual
9-7 [a child] into custody under this subsection shall:
9-8 (1) promptly notify the individual's [child's] parent,
9-9 guardian, or custodian of the officer's action and the reason for
9-10 that action; and
9-11 (2) without unnecessary delay:
9-12 (A) release the individual [child] to the
9-13 individual's [child's] parent, guardian, or custodian or to another
9-14 responsible adult, if the person promises to bring the individual
9-15 [child] to the justice or municipal court as requested by the
9-16 court; or
9-17 (B) bring the individual [child] to a justice or
9-18 municipal court with venue over the offense [the justice of the
9-19 peace of the court having jurisdiction over the child].
9-20 (e) [(f)] An offense under this section is a Class C
9-21 misdemeanor.
9-22 (f) It is an affirmative defense to prosecution under this
9-23 section that one or more of the absences required to be proven
9-24 under Subsection (a) was excused by a school official or should be
9-25 excused by the court. The burden is on the defendant to show by a
9-26 preponderance of the evidence that the absence has been or should
9-27 be excused. A decision by the court to excuse an absence for
10-1 purposes of this section does not affect the ability of the school
10-2 district to determine whether to excuse the absence for another
10-3 purpose.
10-4 (g) It is an affirmative defense to prosecution under this
10-5 section that one or more of the absences required to be proven
10-6 under Subsection (a) was involuntary. The burden is on the
10-7 defendant to show by a preponderance of the evidence that the
10-8 absence was involuntary.
10-9 [(g) Any person convicted of not more than one violation
10-10 under this section while a minor, on attaining the age of 18 years,
10-11 may apply to the court in which the person was convicted to have
10-12 the conviction expunged.]
10-13 [(h) The application must contain the applicant's sworn
10-14 statement that the person was not convicted of any violation of
10-15 this section while a minor other than the one the person seeks to
10-16 have expunged.]
10-17 [(i) If the court finds that the applicant was not convicted
10-18 of any other violation of this section while the person was a
10-19 minor, the court shall order the conviction, together with all
10-20 complaints, verdicts, sentences, and other documents relating to
10-21 the offense, to be expunged from the applicant's record. After
10-22 entry of the order, the applicant shall be released from all
10-23 disabilities resulting from the conviction, and the conviction may
10-24 not be shown or made known for any purpose.]
10-25 SECTION 4. Section 25.095, Education Code, is amended to read
10-26 as follows:
10-27 Sec. 25.095. WARNING NOTICE. (a) A school district shall
11-1 notify a student's parent in writing if, in a four-week [six-month]
11-2 period, the student has been absent without an excuse three [five]
11-3 times for any part of the day. The notice must request a
11-4 conference between school officials and the student's parent to
11-5 discuss the absences [state that if the student is absent without
11-6 an excuse for 10 or more days or parts of days in a six-month
11-7 period:]
11-8 [(1) the student's parent is subject to prosecution
11-9 under Section 25.093; and]
11-10 [(2) the student is subject to prosecution under
11-11 Section 25.094].
11-12 (b) [Notice is not required under this section if the
11-13 student is a party to a juvenile court proceeding for conduct
11-14 described by Section 51.03(b)(2), Family Code.]
11-15 [(c)] The fact that a parent did not receive a notice under
11-16 this section does not create a defense to prosecution under Section
11-17 25.093 or 25.094.
11-18 (c) [(d)] In this section, "parent" includes a person
11-19 standing in parental relation.
11-20 SECTION 5. Subchapter C, Chapter 25, Education Code, is
11-21 amended by adding Sections 25.0951 and 25.0952 to read as follows:
11-22 Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
11-23 FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
11-24 without excuse on 10 or more days or parts of days within a
11-25 six-month period in the same school year, a school district shall:
11-26 (1) file a complaint against the student in a justice
11-27 or municipal court for an offense under Section 25.094; or
12-1 (2) refer the student to a juvenile court for conduct
12-2 indicating a need for supervision under Section 51.03(b)(2), Family
12-3 Code.
12-4 (b) If a student fails to attend school without excuse on
12-5 three or more days or parts of days within a four-week period but
12-6 does not fail to attend school for the time described by Subsection
12-7 (a), the school district may:
12-8 (1) file a complaint against the student in a justice
12-9 or municipal court for an offense under Section 25.094; or
12-10 (2) refer the student to a juvenile court for conduct
12-11 indicating a need for supervision under Section 51.03(b)(2), Family
12-12 Code.
12-13 Sec. 25.0952. PROCEDURES APPLICABLE TO TRUANCY-RELATED
12-14 OFFENSES. In a proceeding in a justice or municipal court based on
12-15 a complaint under Section 25.093 or 25.094, the court shall, except
12-16 as otherwise provided by this chapter, use the procedures and
12-17 exercise the powers authorized by Chapter 45, Code of Criminal
12-18 Procedure.
12-19 SECTION 6. Article 45.050, Code of Criminal Procedure, is
12-20 amended to read as follows:
12-21 Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
12-22 In this article, "child" has the meaning assigned by Article
12-23 45.058(h).
12-24 (b) A justice [court] or municipal court may not order the
12-25 confinement of a [person who is a] child [for the purposes of Title
12-26 3, Family Code,] for:
12-27 (1) the failure to pay all or any part of a fine or
13-1 costs imposed for the conviction of an offense punishable by fine
13-2 only; or
13-3 (2) contempt of another order of a justice or
13-4 municipal court.
13-5 (c) [(b)] If a [person who is a] child [under Section 51.02,
13-6 Family Code,] fails to obey an order of a justice or municipal
13-7 court under circumstances that would constitute contempt of court,
13-8 the justice or municipal court [has jurisdiction to]:
13-9 (1) has jurisdiction to [hold the child in contempt of
13-10 the justice or municipal court order as provided by Section
13-11 52.027(h), Family Code; or]
13-12 [(2)] refer the child to the appropriate juvenile
13-13 court for delinquent conduct for contempt of the justice or
13-14 municipal court order; or
13-15 (2) may retain jurisdiction of the case and:
13-16 (A) hold the child in contempt of the justice or
13-17 municipal court order and impose a fine not to exceed $500;
13-18 (B) order the child to be held in a place of
13-19 nonsecure custody designated under Article 45.058 for a single
13-20 period not to exceed six hours; or
13-21 (C) order the Department of Public Safety to
13-22 suspend the child's driver's license or permit or, if the child
13-23 does not have a license or permit, to deny the issuance of a
13-24 license or permit to the child until the child fully complies with
13-25 the orders of the court.
13-26 (d) A court that orders suspension or denial of a driver's
13-27 license or permit under Subsection (c)(2)(C) shall notify the
14-1 Department of Public Safety on receiving proof that the child has
14-2 fully complied with the orders of the court.
14-3 SECTION 7. Subchapter B, Chapter 45, Code of Criminal
14-4 Procedure, is amended by adding Articles 45.054-45.059 to read as
14-5 follows:
14-6 Art. 45.054. FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a) On a
14-7 finding by a justice or municipal court that an individual has
14-8 committed an offense under Section 25.094, Education Code, the
14-9 court has jurisdiction to enter an order that includes one or more
14-10 of the following provisions requiring that:
14-11 (1) the individual do either or both of the following:
14-12 (A) attend a preparatory class for the high
14-13 school equivalency examination administered under Section 7.111,
14-14 Education Code, if the court determines that the individual is too
14-15 old to do well in a formal classroom environment; or
14-16 (B) if the individual is at least 16 years of
14-17 age, take the high school equivalency examination administered
14-18 under Section 7.111, Education Code;
14-19 (2) the individual attend a special program that the
14-20 court determines to be in the best interest of the individual,
14-21 including:
14-22 (A) an alcohol and drug abuse program;
14-23 (B) a rehabilitation program;
14-24 (C) a counseling program, including
14-25 self-improvement counseling;
14-26 (D) a program that provides training in
14-27 self-esteem and leadership;
15-1 (E) a work and job skills training program;
15-2 (F) a program that provides training in
15-3 parenting, including parental responsibility;
15-4 (G) a program that provides training in manners;
15-5 (H) a program that provides training in violence
15-6 avoidance;
15-7 (I) a program that provides sensitivity
15-8 training; and
15-9 (J) a program that provides training in advocacy
15-10 and mentoring;
15-11 (3) the individual and the individual's parent attend
15-12 a class for students at risk of dropping out of school designed for
15-13 both the individual and the individual's parent;
15-14 (4) the individual complete reasonable community
15-15 service requirements;
15-16 (5) the individual attend school without unexcused
15-17 absences; or
15-18 (6) for the total number of hours ordered by the
15-19 court, the individual participate in a tutorial program covering
15-20 the academic subjects in which the student is enrolled provided by
15-21 the school the individual attends.
15-22 (b) An order under Subsection (a)(3) that requires the
15-23 parent of an individual to attend a class for students at risk of
15-24 dropping out of school is enforceable in the justice or municipal
15-25 court by contempt.
15-26 (c) A court having jurisdiction under this section shall
15-27 endorse on the summons issued to the parent of the individual who
16-1 is the subject of the hearing an order directing the parent to
16-2 appear personally at the hearing and directing the person having
16-3 custody of the individual to bring the individual to the hearing.
16-4 (d) An individual commits an offense if the individual is a
16-5 parent who fails to attend a hearing under this section after
16-6 receiving notice under Subsection (c) that the individual's
16-7 attendance is required. An offense under this subsection is a
16-8 Class C misdemeanor.
16-9 (e) On the commencement of proceedings under this article,
16-10 the court shall inform the individual who is the subject of the
16-11 hearing and the individual's parent in open court of the
16-12 individual's expunction rights and provide the individual and the
16-13 individual's parent with a written copy of Article 45.055.
16-14 (f) In addition to any other order authorized by this
16-15 article, the court may order the Department of Public Safety to
16-16 suspend the driver's license or permit of the individual who is the
16-17 subject of the hearing or, if the individual does not have a
16-18 license or permit, to deny the issuance of a license or permit to
16-19 the individual for a period specified by the court not to exceed
16-20 365 days.
16-21 (g) A dispositional order under this article is effective
16-22 for the period specified by the court in the order but may not
16-23 extend beyond the 180th day after the date of the order or beyond
16-24 the end of the school year in which the order was entered,
16-25 whichever period is longer.
16-26 (h) In this article, "parent" includes a person standing in
16-27 parental relation.
17-1 Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
17-2 TO ATTEND SCHOOL CASES. (a) An individual convicted of not more
17-3 than one violation of Section 25.094, Education Code, may, on or
17-4 after the individual's 18th birthday, apply to the court in which
17-5 the individual was convicted to have the conviction and records
17-6 relating to the conviction expunged.
17-7 (b) To apply for an expunction, the applicant must submit a
17-8 written request that:
17-9 (1) is made under oath;
17-10 (2) states that the applicant has not been convicted
17-11 of more than one violation of Section 25.094, Education Code; and
17-12 (3) is in the form determined by the applicant.
17-13 (c) The court may expunge the conviction and records
17-14 relating to the conviction without a hearing or, if facts are in
17-15 doubt, may order a hearing on the application. If the court finds
17-16 that the applicant has not been convicted of more than one
17-17 violation of Section 25.094, Education Code, the court shall order
17-18 the conviction, together with all complaints, verdicts, sentences,
17-19 and other documents relating to the offense, including any
17-20 documents in the possession of a school district or law enforcement
17-21 agency, to be expunged from the applicant's record. After entry of
17-22 the order, the applicant is released from all disabilities
17-23 resulting from the conviction, and the conviction may not be shown
17-24 or made known for any purpose. The court shall inform the
17-25 applicant of the court's decision on the application.
17-26 (d) The justice or municipal court may not require an
17-27 individual who files an application under this article to pay any
18-1 fee or court costs for seeking expunction.
18-2 Art. 45.056. AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
18-3 REIMBURSEMENT. (a) On approval of the commissioners court, city
18-4 council, school district board of trustees, juvenile board, or
18-5 other appropriate authority, a justice court, municipal court,
18-6 school district, juvenile probation department, or other
18-7 appropriate governmental entity may:
18-8 (1) employ a case manager to provide services in
18-9 truancy cases; or
18-10 (2) agree in accordance with Chapter 791, Government
18-11 Code, to jointly employ a case manager to provide services in
18-12 truancy cases.
18-13 (b) A local entity may apply or more than one local entity
18-14 may jointly apply to the criminal justice division of the
18-15 governor's office for reimbursement of all or part of the costs of
18-16 employing one or more truancy case managers from funds appropriated
18-17 to the governor's office or otherwise available for that purpose.
18-18 To be eligible for reimbursement, the entity applying must present
18-19 to the governor's office a comprehensive plan to reduce truancy in
18-20 the entity's jurisdiction that addresses the role of the case
18-21 manager in that effort.
18-22 Art. 45.057. OFFENSES COMMITTED BY JUVENILES OTHER THAN
18-23 FAILURE TO ATTEND SCHOOL. (a) In this article, "child" has the
18-24 meaning assigned by Article 45.058(h).
18-25 (b) On a finding by a justice or municipal court that a
18-26 child committed an offense that the court has jurisdiction of under
18-27 Article 4.11 or 4.14, other than a traffic offense or an offense
19-1 under Section 25.094, Education Code, the court has jurisdiction to
19-2 enter an order:
19-3 (1) referring the child or the child's parent,
19-4 managing conservator, or guardian for services under Section
19-5 264.302, Family Code;
19-6 (2) requiring that the child attend a special program
19-7 that the court determines to be in the best interest of the child
19-8 and, if the program involves the expenditure of county funds, that
19-9 is approved by the county commissioners court, including a
19-10 rehabilitation, counseling, self-esteem and leadership, work and
19-11 job skills training, job interviewing and work preparation,
19-12 self-improvement, parenting, manners, violence avoidance, tutoring,
19-13 sensitivity training, parental responsibility, community service,
19-14 restitution, advocacy, or mentoring program; or
19-15 (3) if the court finds the parent, managing
19-16 conservator, or guardian, by act or omission, contributed to,
19-17 caused, or encouraged the child's conduct, requiring that the
19-18 child's parent, managing conservator, or guardian do any act or
19-19 refrain from doing any act that the court determines will increase
19-20 the likelihood that the child will comply with the orders of the
19-21 court and that is reasonable and necessary for the welfare of the
19-22 child, including:
19-23 (A) attend a parenting class or parental
19-24 responsibility program; and
19-25 (B) attend the child's school classes or
19-26 functions.
19-27 (c) The justice or municipal court may order the parent,
20-1 managing conservator, or guardian of a child required to attend a
20-2 program under Subsection (b) to pay an amount not greater than
20-3 $100 to pay for the costs of the program.
20-4 (d) A justice or municipal court may require a child,
20-5 parent, managing conservator, or guardian required to attend a
20-6 program, class, or function under this article to submit proof of
20-7 attendance to the court.
20-8 (e) A justice or municipal court shall endorse on the
20-9 summons issued to a parent, managing conservator, or guardian an
20-10 order to appear personally at the hearing with the child. The
20-11 summons must include a warning that the failure of the parent,
20-12 managing conservator, or guardian to appear may be punishable as a
20-13 Class C misdemeanor.
20-14 (f) An order under this article involving a child is
20-15 enforceable under Article 45.050.
20-16 (g) A person commits an offense if the person is a parent,
20-17 managing conservator, or guardian who fails to attend a hearing
20-18 under this article after receiving an order under Subsection (e).
20-19 An offense under this subsection is a Class C misdemeanor.
20-20 (h) Any other order under this article is enforceable by the
20-21 justice or municipal court by contempt.
20-22 Art. 45.058. CHILDREN TAKEN INTO CUSTODY. (a) A child may
20-23 be released to the child's parent, guardian, custodian, or other
20-24 responsible adult as provided by Section 52.02(a)(1), Family Code,
20-25 if the child is taken into custody for an offense that a justice or
20-26 municipal court has jurisdiction of under Article 4.11 or 4.14,
20-27 Code of Criminal Procedure, other than public intoxication.
21-1 (b) A child described by Subsection (a) must be taken only
21-2 to a place previously designated by the head of the law enforcement
21-3 agency with custody of the child as an appropriate place of
21-4 nonsecure custody for children unless the child:
21-5 (1) is released under Section 52.02(a)(1), Family
21-6 Code; or
21-7 (2) is taken before a justice or municipal court.
21-8 (c) A place of nonsecure custody for children must be an
21-9 unlocked, multipurpose area. A lobby, office, or interrogation
21-10 room is suitable if the area is not designated, set aside, or used
21-11 as a secure detention area and is not part of a secure detention
21-12 area. A place of nonsecure custody may be a juvenile processing
21-13 office designated under Section 52.025, Family Code, if the area is
21-14 not locked when it is used as a place of nonsecure custody.
21-15 (d) The following procedures shall be followed in a place of
21-16 nonsecure custody for children:
21-17 (1) a child may not be secured physically to a cuffing
21-18 rail, chair, desk, or other stationary object;
21-19 (2) the child may be held in the nonsecure facility
21-20 only long enough to satisfy an order of a justice or municipal
21-21 court under Article 45.050(c)(2)(B) or to accomplish the purpose of
21-22 identification, investigation, processing, release to parents, or
21-23 the arranging of transportation to the appropriate juvenile court,
21-24 juvenile detention facility, secure detention facility, justice
21-25 court, or municipal court;
21-26 (3) residential use of the area is prohibited; and
21-27 (4) the child shall be under continuous visual
22-1 supervision by a law enforcement officer or facility staff person
22-2 during the time the child is in nonsecure custody.
22-3 (e) Notwithstanding any other provision of this article, a
22-4 child may not, under any circumstances, be detained in a place of
22-5 nonsecure custody for more than six hours.
22-6 (f) A child taken into custody for an offense that a justice
22-7 or municipal court has jurisdiction of under Article 4.11 or 4.14,
22-8 Code of Criminal Procedure, other than public intoxication, may be
22-9 presented or detained in a detention facility designated by the
22-10 juvenile court under Section 52.02(a)(3), Family Code, only if:
22-11 (1) the child's non-traffic case is transferred to the
22-12 juvenile court by a justice or municipal court under Section
22-13 51.08(b), Family Code; or
22-14 (2) the child is referred to the juvenile court by a
22-15 justice or municipal court for contempt of court under Article
22-16 45.050.
22-17 (g) A law enforcement officer may issue a field release
22-18 citation, as provided by Article 14.06 in place of taking a child
22-19 into custody for a traffic offense or an offense, other than public
22-20 intoxication, punishable by fine only.
22-21 (h) In this article, "child" means a person who is:
22-22 (1) at least 10 years of age and younger than 17 years
22-23 of age; and
22-24 (2) charged with or convicted of an offense that a
22-25 justice or municipal court has jurisdiction of under Article 4.11
22-26 or 4.14.
22-27 Art. 45.059. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
23-1 JUVENILE CURFEW OR ORDER. (a) A peace officer taking into custody
23-2 a person younger than 17 years of age for violation of a juvenile
23-3 curfew ordinance of a municipality or order of the commissioners
23-4 court of a county shall, without unnecessary delay:
23-5 (1) release the person to the person's parent,
23-6 guardian, or custodian;
23-7 (2) take the person before a justice or municipal
23-8 court to answer the charge; or
23-9 (3) take the person to a place designated as a
23-10 juvenile curfew processing office by the head of the law
23-11 enforcement agency having custody of the person.
23-12 (b) A juvenile curfew processing office must observe the
23-13 following procedures:
23-14 (1) the office must be an unlocked, multipurpose area
23-15 that is not designated, set aside, or used as a secure detention
23-16 area or part of a secure detention area;
23-17 (2) the person may not be secured physically to a
23-18 cuffing rail, chair, desk, or stationary object;
23-19 (3) the person may not be held longer than necessary
23-20 to accomplish the purposes of identification, investigation,
23-21 processing, release to a parent, guardian, or custodian, or
23-22 arrangement of transportation to school or court;
23-23 (4) a juvenile curfew processing office may not be
23-24 designated or intended for residential purposes;
23-25 (5) the person must be under continuous visual
23-26 supervision by a peace officer or other person during the time the
23-27 person is in the juvenile curfew processing office; and
24-1 (6) a person may not be held in a juvenile curfew
24-2 processing office for more than six hours.
24-3 (c) A place designated under this article as a juvenile
24-4 curfew processing office is not subject to the approval of the
24-5 juvenile board having jurisdiction where the governmental entity is
24-6 located.
24-7 SECTION 8. Article 102.014(d), Code of Criminal Procedure, is
24-8 amended to read as follows:
24-9 (d) A person convicted of an offense under Section 25.093 or
24-10 25.094, Education Code, [or a child convicted of an offense under
24-11 Section 25.094, Education Code,] shall pay as taxable court costs
24-12 $20 in addition to other taxable court costs. The additional court
24-13 costs under this subsection shall be collected in the same manner
24-14 that other fines and taxable court costs in the case are collected.
24-15 SECTION 9. Sections 51.03(b), (d), and (e), Family Code, are
24-16 amended to read as follows:
24-17 (b) Conduct indicating a need for supervision is:
24-18 (1) subject to Subsection (f) [of this section],
24-19 conduct, other than a traffic offense, that violates:
24-20 (A) the penal laws of this state of the grade of
24-21 misdemeanor that are punishable by fine only; or
24-22 (B) the penal ordinances of any political
24-23 subdivision of this state;
24-24 (2) the [unexcused voluntary] absence of a child on 10
24-25 or more days or parts of days within a six-month period in the same
24-26 school year or on three or more days or parts of days within a
24-27 four-week period from school [without the consent of his parents];
25-1 (3) the voluntary absence of a child from the child's
25-2 [his] home without the consent of the child's [his] parent or
25-3 guardian for a substantial length of time or without intent to
25-4 return;
25-5 (4) conduct prohibited by city ordinance or by state
25-6 law involving the inhalation of the fumes or vapors of paint and
25-7 other protective coatings or glue and other adhesives and the
25-8 volatile chemicals itemized in Section 484.002, Health and Safety
25-9 Code;
25-10 (5) an act that violates a school district's
25-11 previously communicated written standards of student conduct for
25-12 which the child has been expelled under Section 37.007(c),
25-13 Education Code; or
25-14 (6) conduct that violates a reasonable and lawful
25-15 order of a court entered under Section 264.305.
25-16 (d) It is an affirmative defense to an allegation of conduct
25-17 under Subsection (b)(2) that one or more of the absences required
25-18 to be proven under that subsection have been excused by a school
25-19 official or should be excused by the court or that one of the
25-20 absences was involuntary. The burden is on the respondent to show
25-21 by a preponderance of the evidence that the absence has been or
25-22 should be excused or that the absence was involuntary. A decision
25-23 by the court to excuse an absence for purposes of this subsection
25-24 does not affect the ability of the school district to determine
25-25 whether to excuse the absence for another purpose. [For the
25-26 purpose of Subsection (b)(2) of this section an absence is excused
25-27 when the absence results from:]
26-1 [(1) illness of the child;]
26-2 [(2) illness or death in the family of the child;]
26-3 [(3) quarantine of the child and family;]
26-4 [(4) weather or road conditions making travel
26-5 dangerous;]
26-6 [(5) an absence approved by a teacher, principal, or
26-7 superintendent of the school in which the child is enrolled; or]
26-8 [(6) circumstances found reasonable and proper.]
26-9 (e) For the purposes of [Subdivisions (2) and (3) of]
26-10 Subsection (b)(3) [(b) of this section], "child" does not include a
26-11 person who is married, divorced, or widowed.
26-12 SECTION 10. Section 51.12(a), Family Code, is amended to read
26-13 as follows:
26-14 (a) Except as provided by Subsection (h), a child may be
26-15 detained only in a:
26-16 (1) juvenile processing office in compliance with
26-17 Section 52.025;
26-18 (2) place of nonsecure custody in compliance with
26-19 Article 45.058, Code of Criminal Procedure [Section 52.027];
26-20 (3) certified juvenile detention facility that
26-21 complies with the requirements of Subsection (f);
26-22 (4) secure detention facility as provided by
26-23 Subsection (j); or
26-24 (5) county jail or other facility as provided by
26-25 Subsection (l).
26-26 SECTION 11. Section 54.021(b), Family Code, is amended to
26-27 read as follows:
27-1 (b) A justice or municipal court may exercise jurisdiction
27-2 over a person alleged to have engaged in conduct indicating a need
27-3 for supervision by engaging in conduct described in Section
27-4 51.03(b)(2) in a case where:
27-5 (1) the juvenile court has waived its original
27-6 jurisdiction under this section; and
27-7 (2) a complaint is filed by the appropriate authority
27-8 in the justice or municipal court charging an offense under Section
27-9 25.094, Education Code.
27-10 (c) A proceeding in a justice or municipal court on a
27-11 complaint charging an offense under Section 25.094, Education Code,
27-12 is governed by Chapter 45, Code of Criminal Procedure [A justice
27-13 or municipal court may exercise jurisdiction under this section
27-14 without regard to whether the justice of the peace or municipal
27-15 judge for the court is a licensed attorney or the hearing for a
27-16 case is before a jury consisting of six persons].
27-17 SECTION 12. Section 54.041(f), Family Code, is amended to
27-18 read as follows:
27-19 (f) If a child is found to have engaged in conduct
27-20 indicating a need for supervision described under Section
27-21 51.03(b)(2) [of this code], the court may order the child's parents
27-22 or guardians to attend a program [class] described by Section
27-23 25.093(g) [25.093(h)], Education Code, if a program is available
27-24 [the school district in which the child's parents or guardians
27-25 reside offers a class under that section].
27-26 SECTION 13. Section 264.302(e), Family Code, is amended to
27-27 read as follows:
28-1 (e) The department shall provide services for a child and
28-2 the child's family if a contract to provide services under this
28-3 section is available in the county and the child is referred to the
28-4 department as an at-risk child by:
28-5 (1) a court under Section 264.304;
28-6 (2) a juvenile court or probation department as part
28-7 of a progressive sanctions program under Chapter 59;
28-8 (3) a law enforcement officer or agency under Section
28-9 52.03; or
28-10 (4) a justice or municipal court under Article 45.057,
28-11 Code of Criminal Procedure [Section 54.022].
28-12 SECTION 14. Section 7.111(a), Education Code, as amended by
28-13 Chapters 76 and 1282, Acts of the 76th Legislature, Regular
28-14 Session, 1999, is amended to read as follows:
28-15 (a) The board shall provide for the administration of high
28-16 school equivalency examinations. A person who does not have a high
28-17 school diploma may take the examination in accordance with rules
28-18 adopted by the board if the person is:
28-19 (1) over 17 years of age; [or]
28-20 (2) 16 years of age or older and:
28-21 (A) is enrolled in a Job Corps training program
28-22 under the Job Training Partnership Act (29 U.S.C. Section 1501 et
28-23 seq.), and its subsequent amendments; or
28-24 (B) a public agency providing supervision of the
28-25 person or having custody of the person under a court order
28-26 recommends that the person take the examination; or
28-27 (3) required to take the examination under a justice
29-1 or municipal court order issued under Article 45.054(a)(1)(B), Code
29-2 of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
29-3 SECTION 15. Section 351.903(b), Local Government Code, is
29-4 amended to read as follows:
29-5 (b) This authority includes the authority to:
29-6 (1) establish the hours of the curfew, including
29-7 different hours for different days of the week;
29-8 (2) apply different curfew hours to different age
29-9 groups of juveniles;
29-10 (3) describe the kinds of conduct subject to the
29-11 curfew;
29-12 (4) determine the locations to which the curfew
29-13 applies;
29-14 (5) determine which persons incur liability if a
29-15 violation of the curfew occurs;
29-16 (6) prescribe procedures, in compliance with Article
29-17 45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
29-18 police officer must follow in enforcing the curfew; and
29-19 (7) establish exemptions to the curfew, including but
29-20 not limited to exemptions for times when there are no classes being
29-21 conducted, for holidays, and for persons going to or from work.
29-22 SECTION 16. (a) Section 25.096, Education Code, is
29-23 repealed.
29-24 (b) Sections 52.027, 52.028, 54.021(c)-(h), and 54.022,
29-25 Family Code, are repealed.
29-26 SECTION 17. The change in law made by this Act applies only
29-27 to a defendant charged with an offense committed or, for the
30-1 purposes of Title 3, Family Code, a child alleged to have engaged
30-2 in conduct that occurs on or after the effective date of this Act.
30-3 An offense committed or conduct that occurs before the effective
30-4 date of this Act is covered by the law in effect when the offense
30-5 was committed or the conduct occurred, and the former law is
30-6 continued in effect for that purpose. For purposes of this
30-7 section, an offense was committed before the effective date of this
30-8 Act if every element of the offense occurred before that date, and
30-9 conduct violating a penal law of this state occurred before the
30-10 effective date of this Act if every element of the violation
30-11 occurred before that date.
30-12 SECTION 18. For purposes of Sections 25.093 and 25.094,
30-13 Education Code, and Section 51.03, Family Code, as amended by this
30-14 Act, and Section 25.0951, Education Code, as added by this Act, an
30-15 absence that occurs during the 2001-2002 school year is included in
30-16 determining the number of a student's absences, regardless of
30-17 whether the absence occurred before the effective date of this Act.
30-18 SECTION 19. This Act takes effect September 1, 2001.