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.