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.