By West S.B. No. 705
77R2931 DAK-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to attending school.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 25.002(f), Education Code, is amended to
1-5 read as follows:
1-6 (f) Except as otherwise provided by this subsection, for a
1-7 child to be enrolled in a public school, the child must be enrolled
1-8 by the child's parent or by the child's guardian or other person
1-9 with legal control of the child under a court order. At the time of
1-10 enrollment, the person enrolling the child shall present a driver's
1-11 license, social security card, or other valid identification.
1-12 SECTION 2. Sections 25.093(a), (b), and (c), Education Code,
1-13 are amended to read as follows:
1-14 (a) If any parent of a child required to attend school fails
1-15 to require the child to attend school as required by law, after the
1-16 school has previously warned [attendance officer shall warn] the
1-17 parent in writing that it is the parent's duty to monitor the
1-18 child's school attendance and to require the child to attend
1-19 school, the parent is subject to prosecution under Subsection (b)
1-20 for failure to comply with school attendance requirements [is
1-21 immediately required].
1-22 (b) If, after being previously warned as described by [a
1-23 warning under] Subsection (a), the parent with criminal negligence
1-24 fails to require the child to attend school as required by law [and
2-1 the child has unexcused voluntary absences for the amount of time
2-2 specified under Section 51.03(b)(2), Family Code], the parent
2-3 commits an offense.
2-4 (c) The attendance officer shall file a complaint against
2-5 the parent in the county court, in a justice court in any precinct
2-6 in the county in which the parent resides or in which the school is
2-7 located, or in a municipal court of the municipality in which the
2-8 parent resides or in which the school is located. The attendance
2-9 officer shall file a complaint under this section in the court to
2-10 which the parent's child has been referred for engaging in conduct
2-11 described in Section 51.03(b)(2), Family Code, if a referral has
2-12 been made for the child. [If a referral has not been made, the
2-13 attendance officer shall refer the child to the county juvenile
2-14 probation department for action as engaging in conduct indicating a
2-15 need for supervision under that section.]
2-16 SECTION 3. Section 25.094(b), Education Code, is amended to
2-17 read as follows:
2-18 (b) An offense under this section may be prosecuted in a
2-19 justice court in any precinct in the county in which the child
2-20 resides or in which the school is located or in a municipal court
2-21 in the municipality in which the child resides or in which the
2-22 school is located.
2-23 SECTION 4. Section 25.095(a), Education Code, is amended to
2-24 read as follows:
2-25 (a) A school district shall notify a student's parent or
2-26 legal guardian in writing at the beginning of the school year that
2-27 if[, in a six-month period,] the student is [has been] absent from
3-1 school three days or parts of days in a four-week period without
3-2 parental consent or [an excuse five times for any part of the day.
3-3 The notice must state that if the student] is absent without an
3-4 excuse for 10 or more days or parts of days in a six-month period:
3-5 (1) the student's parent or legal guardian is subject
3-6 to prosecution under Section 25.093; and
3-7 (2) the student is subject to prosecution under
3-8 Section 25.094.
3-9 SECTION 5. Section 51.08, Family Code, is amended by adding
3-10 Subsection (d) to read as follows:
3-11 (d) This section does not apply to the offense of failure to
3-12 attend school under Section 25.094, Education Code.
3-13 SECTION 6. Section 54.021(f), Family Code, is amended to read
3-14 as follows:
3-15 (f) A school attendance officer may refer a person alleged
3-16 to have engaged in conduct described in Section 51.03(b)(2) [of
3-17 this code] to a justice court in any precinct in the county in
3-18 which [where] the person resides or in which [where] the [person's]
3-19 school is located or to a municipal court of the municipality in
3-20 which [where] the person resides or in which [where] the [person's]
3-21 school is located if the juvenile court having exclusive original
3-22 jurisdiction has waived its jurisdiction as provided by Subsection
3-23 (a) [of this section] for all cases involving conduct described by
3-24 Section 51.03(b)(2) [of this code]. The conduct may be prosecuted
3-25 in a justice court in any precinct in the county in which the child
3-26 resides or in which the school is located or in a municipal court
3-27 in the municipality in which the child resides or in which the
4-1 school is located.
4-2 SECTION 7. Article 4.12, Code of Criminal Procedure, is
4-3 amended by adding Subsection (d) to read as follows:
4-4 (d) A truancy case under Section 51.03(b)(2), Family Code,
4-5 that is transferred by a juvenile court under Section 54.021,
4-6 Family Code, may be tried by those justice courts specified in
4-7 Section 54.021(f), Family Code. An offense for failure to attend
4-8 school under Section 25.094, Education Code, may be tried by those
4-9 justice courts specified by Section 25.094(b), Education Code.
4-10 SECTION 8. The change in law made by this Act applies only
4-11 to a defendant charged with an offense committed or, for the
4-12 purposes of Title 3, Family Code, a child alleged to have engaged
4-13 in conduct that occurs on or after the effective date of this Act.
4-14 An offense committed or conduct that occurs before the effective
4-15 date of this Act is covered by the law in effect when the offense
4-16 was committed or the conduct occurred, and the former law is
4-17 continued in effect for that purpose. For purposes of this
4-18 section, an offense was committed before the effective date of this
4-19 Act if every element of the offense occurred before that date, and
4-20 conduct violating a penal law of this state occurred before the
4-21 effective date of this Act if every element of the violation
4-22 occurred before that date.
4-23 SECTION 9. This Act takes effect September 1, 2001.