By West                                               S.B. No. 1420
         77R2936 CAS-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compulsory school attendance; providing penalties.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Article 4.12, Code of Criminal Procedure, is
 1-5     amended by adding Subsection (d) to read as follows:
 1-6           (d)  A misdemeanor case under Section 25.094, Education Code,
 1-7     or a case involving conduct described under Section 51.03(b)(2),
 1-8     Family Code, may be tried in any precinct in the county in which
 1-9     the parent resides.
1-10           SECTION 2. Section 25.002(f), Education Code, is amended to
1-11     read as follows:
1-12           (f)  Except as otherwise provided by this subsection, for a
1-13     child to be enrolled in a public school, the child must be enrolled
1-14     by the child's parent, [or by] the child's guardian or other person
1-15     with legal control of the child under a court order, or a person
1-16     standing in parental relation.  The person enrolling the child must
1-17     present a driver's license, social security card, or other official
1-18     documentation suitable as proof of the person's identity.
1-19           SECTION 3. Sections 25.093 and 25.094, Education Code, are
1-20     amended to read as follows:
1-21           Sec. 25.093.  THWARTING COMPULSORY ATTENDANCE LAW. (a)  A [If
1-22     any] parent of a child required to attend school  commits an
1-23     offense if:
1-24                 (1)  the parent with criminal negligence fails to
 2-1     require the child to attend school as required by law after [,] the
 2-2     school has warned [attendance officer shall warn] the parent in
 2-3     writing that it is the parent's responsibility to monitor the
 2-4     child's school attendance and to require the child to attend
 2-5     school; and
 2-6                 (2)  the child has unexcused voluntary absences for the
 2-7     amount of time specified under Section 25.094(a)(2) [is immediately
 2-8     required].
 2-9           (b)  [If, after a warning under Subsection (a), the parent
2-10     with criminal negligence fails to require the child to attend
2-11     school as required by law and the child has unexcused voluntary
2-12     absences for the amount of time specified under Section
2-13     51.03(b)(2), Family Code, the parent commits an offense.]
2-14           [(c)]  The school attendance officer shall file a complaint
2-15     against the parent in the county court, in a justice court in any
2-16     precinct in the county in which the parent resides or [in which]
2-17     the school is located, or in a municipal court of the municipality
2-18     in which the parent resides or [in which] the school is located.
2-19     The attendance officer shall file a complaint under this section in
2-20     the court to which the parent's child has been referred for an
2-21     offense under Section 25.094 [engaging in conduct described in
2-22     Section 51.03(b)(2), Family Code], if a referral has been made for
2-23     the child.  [If a referral has not been made, the attendance
2-24     officer shall refer the child to the county juvenile probation
2-25     department for action as engaging in conduct indicating a need for
2-26     supervision under that section.]
2-27           (c) [(d)]  A court in which a complaint is filed under this
 3-1     section shall give preference to a hearing on the complaint over
 3-2     other cases before the court.
 3-3           (d) [(e)]  An offense under this section is a Class C
 3-4     misdemeanor.  Each day the child remains out of school after the
 3-5     warning has been given or the child has been ordered to attend
 3-6     school by the juvenile court may constitute a separate offense.
 3-7     Two or more offenses under this section may be consolidated and
 3-8     prosecuted in a single action.  If the court probates the sentence,
 3-9     the court may require the defendant to render personal services to
3-10     a charitable or educational institution as a condition of
3-11     probation.
3-12           (e) [(f)]  A fine collected under this section shall be
3-13     deposited as follows:
3-14                 (1)  one-half shall be deposited to the credit of the
3-15     operating fund of the school district in which the child attends
3-16     school or of the juvenile justice alternative education program
3-17     that the child has been ordered to attend, as applicable; and
3-18                 (2)  one-half shall be deposited to the credit of:
3-19                       (A)  the general fund of the county, if the
3-20     complaint is filed in the county court or justice court; or
3-21                       (B)  the general fund of the municipality, if the
3-22     complaint is filed in municipal court.
3-23           (f) [(g)]  At the trial of any person charged with violating
3-24     this section, the attendance records of the child may be presented
3-25     in court by any authorized employee of the school district.
3-26           (g) [(h)]  The court in which a conviction for an offense
3-27     under this section occurs may order the defendant to attend a class
 4-1     for parents of students with unexcused absences that provides
 4-2     instruction designed to assist those parents in identifying
 4-3     problems that contribute to the students' unexcused absences and in
 4-4     developing strategies for resolving those problems if the school
 4-5     district in which the person resides offers such a class.
 4-6           (h) [(i)]  In this section, "parent" includes a person
 4-7     standing in parental relation.
 4-8           Sec. 25.094.  FAILURE TO ATTEND SCHOOL OR OBEY SUMMONS. (a)
 4-9     A child commits an offense if the child:
4-10                 (1)  is required to attend school under Section 25.085;
4-11     [and]
4-12                 (2)  is voluntarily absent from school without an
4-13     excuse and without the consent of the child's parent or person
4-14     standing in parental relation on:
4-15                       (A)  10 or more days or parts of days within a
4-16     six-month period; or
4-17                       (B)  three or more days or parts of days within a
4-18     four-week period; [fails to attend school for the amount of time
4-19     specified under Section 51.03(b)(2), Family Code,] and
4-20                 (3)  is not excused under Section 25.087.
4-21           (b)  An offense under this section may be prosecuted in a
4-22     justice court in any precinct in the county in which the child
4-23     resides or [in which] the school is located or in a municipal court
4-24     in the municipality in which the child resides or [in which] the
4-25     school is located.
4-26           (c)  On a finding by the justice or municipal court that the
4-27     child has committed an offense under Subsection (a), the court may
 5-1     enter an order that requires [includes] one or more of the
 5-2     following:
 5-3                 (1)  that the child attend a preparatory class for the
 5-4     high school equivalency examination provided under Section 7.111 if
 5-5     the court determines that the child is too old to do well in a
 5-6     formal classroom environment;
 5-7                 (2)  that the child attend a special program that the
 5-8     court determines to be in the best interests of the child,
 5-9     including an alcohol and drug abuse program;
5-10                 (3)  that the child and the child's parent attend a
5-11     class designed for students at risk of dropping out of school and
5-12     the parents of those students;
5-13                 (4)  that the child complete reasonable community
5-14     service requirements;
5-15                 (5)  that the child's driver's license be suspended in
5-16     the manner provided by Section 54.042, Family Code;
5-17                 (6)  that the child attend school without unexcused
5-18     absences; or
5-19                 (7)  that the child participate, for the total number
5-20     of hours ordered by the court, in a tutorial program that:
5-21                       (A)  covers the academic subjects in which the
5-22     child is enrolled; and
5-23                       (B)  is provided by the child's school
5-24     [requirements listed in Section 54.021(d), Family Code].
5-25           (d)  If the justice or municipal court finds that a child has
5-26     violated an order issued under Subsection (c), the court shall
5-27     transfer the complaint against the child, together with all
 6-1     pleadings and orders, to a juvenile court for the county in which
 6-2     the child resides.  The juvenile court shall conduct an
 6-3     adjudication hearing as provided by Section 54.03, Family Code. The
 6-4     adjudication hearing shall be de novo.
 6-5           (e)  Pursuant to an order of the justice or municipal court,
 6-6     a peace officer may take a child into custody if there are
 6-7     reasonable grounds to believe that the child has committed an
 6-8     offense under this section.  A peace officer taking a child into
 6-9     custody under this subsection shall:
6-10                 (1)  promptly notify the child's parent [, guardian, or
6-11     custodian] of the officer's action and the reason for that action;
6-12     and
6-13                 (2)  without unnecessary delay:
6-14                       (A)  release the child to the child's parent[,
6-15     guardian, or custodian] or to another responsible adult, if the
6-16     person promises to bring the child to the justice or municipal
6-17     court as requested by the court; or
6-18                       (B)  bring the child to the justice of the peace
6-19     of the court having jurisdiction over the child.
6-20           (f)  An offense under Subsection (a) [this section] is a
6-21     Class C misdemeanor.
6-22           (g)  Any person convicted of not more than one violation
6-23     under Subsection (a) [this section] while a minor, on attaining the
6-24     age of 18 years, may apply to the court in which the person was
6-25     convicted to have the conviction expunged.
6-26           (h)  The application must contain the applicant's sworn
6-27     statement that the person was not convicted of any violation of
 7-1     Subsection (a) [this section] while a minor other than the one the
 7-2     person seeks to have expunged.
 7-3           (i)  If the court finds that the applicant was not convicted
 7-4     of any other violation of Subsection (a) [this section] while the
 7-5     person was a minor, the court shall order the conviction, together
 7-6     with all complaints, verdicts, sentences, and other documents
 7-7     relating to the offense, to be expunged from the applicant's
 7-8     record.  After entry of the order, the applicant shall be released
 7-9     from all disabilities resulting from the conviction, and the
7-10     conviction may not be shown or made known for any purpose.
7-11           (j)  A justice court may hold in contempt a parent who
7-12     violates an order under Subsection (c)(3).
7-13           (k)  A school attendance officer may refer a child alleged to
7-14     have committed an offense under Subsection (a) to a justice court
7-15     in the county in which the child resides or the school the child is
7-16     required to attend is located or to a municipal court of the
7-17     municipality in which the child resides or the school the child is
7-18     required to attend is located.
7-19           (l)  A court with jurisdiction under this section shall
7-20     endorse on the summons issued to the parent of the child who is the
7-21     subject of a proceeding under this section an order directing the
7-22     parent to:
7-23                 (1)  appear personally at the proceeding; and
7-24                 (2)  bring the child to the proceeding.
7-25           (m)  A parent commits an offense if the parent fails to
7-26     attend a proceeding under this section after receiving a summons
7-27     under Subsection (l) stating that the parent's attendance is
 8-1     required. An offense under this subsection is a Class C
 8-2     misdemeanor.
 8-3           (n)  This section does not apply to a child who is younger
 8-4     than 10 years of age.
 8-5           (o)  In this section:
 8-6                 (1)  "Parent" includes a person standing in parental
 8-7     relation.
 8-8                 (2)  "Student at risk of dropping out of school" has
 8-9     the meaning assigned by Section 29.081.
8-10           SECTION 4. Section 25.095(a), Education Code, is amended to
8-11     read as follows:
8-12           (a)  A school district shall notify a student's parent in
8-13     writing at the beginning of the school year or on the student's
8-14     enrollment that if[, in a six-month period,] the student is
8-15     voluntarily [has been] absent from school without an excuse for the
8-16     amount of time specified under Section 25.094(a)(2) [five times for
8-17     any part of the day.  The notice must state that if the student is
8-18     absent without an excuse for 10 or more days or parts of days in a
8-19     six-month period]:
8-20                 (1)  the student's parent is subject to prosecution
8-21     under Section 25.093; and
8-22                 (2)  the student is subject to prosecution under
8-23     Section 25.094.
8-24           SECTION 5. Section 51.08(b), Family Code, is amended to read
8-25     as follows:
8-26           (b)  A court in which there is pending a complaint against a
8-27     child alleging a violation of a misdemeanor offense punishable by
 9-1     fine only other than a traffic offense, [or] public intoxication, a
 9-2     violation of compulsory school attendance requirements under
 9-3     Section 25.094, Education Code, or a violation of a penal ordinance
 9-4     of a political subdivision other than a traffic offense:
 9-5                 (1)  shall waive its original jurisdiction and refer a
 9-6     child to juvenile court if the child has previously been convicted
 9-7     of:
 9-8                       (A)  two or more misdemeanors punishable by fine
 9-9     only other than a traffic offense, [or] public intoxication, or
9-10     violation of compulsory school attendance requirements under
9-11     Section 25.094, Education Code;
9-12                       (B)  two or more violations of a penal ordinance
9-13     of a political subdivision other than a traffic offense; or
9-14                       (C)  one or more of each of the types of
9-15     misdemeanors described in Paragraph (A) or (B) of this subdivision;
9-16     and
9-17                 (2)  may waive its original jurisdiction and refer a
9-18     child to juvenile court if the child:
9-19                       (A)  has not previously been convicted of a
9-20     misdemeanor punishable by fine only other than a traffic offense,
9-21     [or] public intoxication, violation of compulsory school attendance
9-22     requirements under Section 25.094, Education Code, or a violation
9-23     of a penal ordinance of a political subdivision other than a
9-24     traffic offense; or
9-25                       (B)  has previously been convicted of fewer than
9-26     two misdemeanors punishable by fine only other than a traffic
9-27     offense, [or] public intoxication, violation of compulsory school
 10-1    attendance requirements under Section 25.094, Education Code, or
 10-2    two violations of a penal ordinance of a political subdivision
 10-3    other than a traffic offense.
 10-4          SECTION 6. Section 54.021(f), Family Code, is amended to read
 10-5    as follows:
 10-6          (f)  A school attendance officer may refer a person alleged
 10-7    to have engaged in conduct described in Section 51.03(b)(2) [of
 10-8    this code] to a justice court in any precinct in the county in
 10-9    which [where] the person resides or [where] the person's school is
10-10    located or to a municipal court of the municipality in which
10-11    [where] the person resides or [where] the person's school is
10-12    located if the juvenile court having exclusive original
10-13    jurisdiction has waived its jurisdiction as provided by Subsection
10-14    (a) [of this section] for all cases involving conduct described by
10-15    Section 51.03(b)(2) [of this code].
10-16          SECTION 7. Section 54.041(f), Family Code, is amended to read
10-17    as follows:
10-18          (f)  If a child is found to have engaged in conduct
10-19    indicating a need for supervision described under Section
10-20    51.03(b)(2) [of this code], the court may order the child's parents
10-21    or guardians to attend a class described by Section 25.093(g)
10-22    [25.093(h)], Education Code, if the school district in which the
10-23    child's parents or guardians reside offers a class under that
10-24    section.
10-25          SECTION 8. (a)  Sections 25.002(f) and 25.095(a), Education
10-26    Code, as amended by this Act, apply beginning with the 2001-2002
10-27    school year.
 11-1          (b)  The change in law made by this Act to Section 25.093,
 11-2    Education Code, applies only to an offense committed on or after
 11-3    the effective date of this Act.  For purposes of this section, an
 11-4    offense is committed before the effective date of this Act if any
 11-5    element of the offense occurs before that date.  An offense
 11-6    committed before the effective date of this Act is covered by the
 11-7    law in effect when the offense was committed, and the former law is
 11-8    continued in effect for that purpose.
 11-9          (c)  Section 51.08(b), Family Code, as amended by this Act,
11-10    applies only to a complaint against a child filed on or after the
11-11    effective date of this Act.  A complaint against a child filed
11-12    before the effective date of this Act is covered by the law in
11-13    effect when the complaint was filed, and the former law is
11-14    continued in effect for that purpose.
11-15          SECTION 9. This Act takes effect September 1, 2001, except
11-16    that Sections 2 and 4 of this Act take effect immediately if this
11-17    Act receives a vote of two-thirds of all the members elected to
11-18    each house, as provided by Section 39, Article III, Texas
11-19    Constitution.  If this Act does not receive the vote necessary for
11-20    immediate effect, all sections of this Act take effect September 1,
11-21    2001.