By:  West, Zaffirini, Shapiro                         S.B. No. 1432
                                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.  Subsection (f), Section 25.002, Education Code,
 1-6     is amended to read as follows:
 1-7           (f)  Except as otherwise provided by this subsection, for a
 1-8     child to be enrolled in a public school, the child must be enrolled
 1-9     by the child's parent or by the child's guardian or other person
1-10     with legal control of the child under a court order.  A school
1-11     district shall record the name, address, and date of birth of the
1-12     person enrolling a child.
1-13           SECTION 2.  Section 25.091, Education Code, is amended to
1-14     read as follows:
1-15           Sec. 25.091.  POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
1-16     ATTENDANCE OFFICERS [OFFICER].  (a)  A peace officer serving as an
1-17     attendance officer has the following powers and duties concerning
1-18     enforcement of compulsory school attendance requirements:
1-19                 (1)  to investigate each case of a violation of
1-20     compulsory school attendance requirements referred to the peace
1-21     officer;
1-22                 (2)  to enforce compulsory school attendance
1-23     requirements by:
1-24                       (A)  referring a student to a juvenile court or
1-25     filing a complaint against a student in a justice or municipal
 2-1     court if the student has unexcused absences for the amount of time
 2-2     specified under Section 25.094 or under Section 51.03(b)(2), Family
 2-3     Code; and
 2-4                       (B)  filing a complaint in a justice or municipal
 2-5     court against a parent who violates Section 25.093;
 2-6                 (3)  to serve court-ordered legal process;
 2-7                 (4)  to review school attendance records for compliance
 2-8     by each student investigated by the officer;
 2-9                 (5)  to maintain an investigative record on each
2-10     compulsory school attendance requirement violation and related
2-11     court action and, at the request of a court, the board of trustees
2-12     of a school district, or the commissioner, to provide a record to
2-13     the individual or entity requesting the record;
2-14                 (6)  to make a home visit or otherwise contact the
2-15     parent of a student who is in violation of compulsory school
2-16     attendance requirements, except that a peace officer may not enter
2-17     a residence without the permission of the parent of a student
2-18     required under this subchapter to attend school or of the tenant or
2-19     owner of the residence except to lawfully serve court-ordered legal
2-20     process on the parent; and
2-21                 (7)  to take a student into custody with the permission
2-22     of the student's parent or in obedience to a court-ordered legal
2-23     process.
2-24           (b)  An attendance officer employed by a school district who
2-25     is not commissioned as a peace officer has the following powers and
2-26     duties with respect to enforcement of compulsory school attendance
 3-1     requirements:
 3-2                 (1)  to investigate each case of a violation of the
 3-3     compulsory school attendance requirements referred to the
 3-4     attendance officer;
 3-5                 (2)  to enforce compulsory school attendance
 3-6     requirements by:
 3-7                       (A)  referring a student to a juvenile court or
 3-8     filing a complaint against a student in a justice or municipal
 3-9     court if the student has unexcused absences for the amount of time
3-10     specified under Section 25.094 or under Section 51.03(b)(2), Family
3-11     Code; and
3-12                       (B)  filing a complaint in a justice or municipal
3-13     court against a parent who violates Section 25.093;
3-14                 (3)  to monitor school attendance compliance by each
3-15     student investigated by the officer;
3-16                 (4)  to maintain an investigative record on each
3-17     compulsory school attendance requirement violation and related
3-18     court action and, at the request of a court, the board of trustees
3-19     of a school district, or the commissioner, to provide a record to
3-20     the individual or entity requesting the record;
3-21                 (5)  to make a home visit or otherwise contact the
3-22     parent of a student who is in violation of compulsory school
3-23     attendance requirements, except that the attendance officer may not
3-24     enter a residence without permission of the parent or of the owner
3-25     or tenant of the residence;
3-26                 (6)  at the request of a parent, to escort a student
 4-1     from any location to a school campus to ensure the student's
 4-2     compliance with compulsory school attendance requirements; and
 4-3                 (7)  if the attendance officer has or is informed of a
 4-4     court-ordered legal process directing that a student be taken into
 4-5     custody and the school district employing the officer does not
 4-6     employ its own police department, to contact the sheriff,
 4-7     constable, or any peace officer to request that the student be
 4-8     taken into custody and processed according to the legal process.
 4-9           (c)  In this section:
4-10                 (1)  "Parent" includes a person standing in parental
4-11     relation.
4-12                 (2)  "Peace officer" has the meaning assigned by
4-13     Article 2.12, Code of Criminal Procedure.  [A school attendance
4-14     officer has the following powers and duties:]
4-15                 [(1)  to investigate each case of unexcused absence
4-16     from school;]
4-17                 [(2)  to administer oaths and to serve legal process;]
4-18                 [(3)  to enforce the compulsory school attendance law;]
4-19                 [(4)  to keep a record of each case of any kind
4-20     investigated by the officer in the discharge of the officer's
4-21     duties;]
4-22                 [(5)  to make any report required by the commissioner
4-23     concerning the discharge of the officer's duties; and]
4-24                 [(6)  to refer to a juvenile court or to a justice
4-25     court if the juvenile court has waived jurisdiction as provided by
4-26     Section 54.021(a), Family Code, any student who has unexcused
 5-1     voluntary absences for the amount of time specified under Section
 5-2     51.03(b)(2), Family Code, or to file a complaint against any person
 5-3     standing in parental relation who violates Section 25.093 or to
 5-4     file a complaint against a student who violates Section 25.094.]
 5-5           [(b)  A school attendance officer may not enter a private
 5-6     residence or any part of a private residence without the permission
 5-7     of the owner or tenant except to serve lawful process on a parent,
 5-8     guardian, or other person standing in parental relation to a child
 5-9     to whom the compulsory school attendance law applies.]
5-10           [(c)  A school attendance officer may not forcibly take
5-11     corporal custody of any child anywhere without permission of the
5-12     parent, guardian, or other person standing in parental relation to
5-13     the child except in obedience to a valid process issued by a court
5-14     of competent jurisdiction.]
5-15           SECTION 3.  Section 25.093, Education Code, is amended to
5-16     read as follows:
5-17           Sec. 25.093.  PARENT CONTRIBUTING TO TRUANCY [THWARTING
5-18     COMPULSORY ATTENDANCE LAW].  (a)  If any parent of a child required
5-19     to attend school fails to require the child to attend school as
5-20     required by law, the school attendance officer or other appropriate
5-21     school official shall, as required by Section 25.095, warn the
5-22     parent in writing that attendance is immediately required.
5-23           (b)  If[, after] a warning is issued as required by Section
5-24     25.095 and [under Subsection (a),] the parent with criminal
5-25     negligence fails to require the child to attend school as required
5-26     by law, and the child has [unexcused voluntary] absences for the
 6-1     amount of time specified under Section 25.094 [51.03(b)(2), Family
 6-2     Code], the parent commits an offense.
 6-3           (c)  The attendance officer or other appropriate school
 6-4     official shall file a complaint against the parent [in the county
 6-5     court,] in a justice court of any precinct in the county in which
 6-6     the parent resides or in which the school is located[,] or in a
 6-7     municipal court of the municipality in which the parent resides or
 6-8     in which the school is located.  [The attendance officer shall file
 6-9     a complaint under this section in the court to which the parent's
6-10     child has been referred for engaging in conduct described in
6-11     Section 51.03(b)(2), Family Code, if a referral has been made for
6-12     the child.  If a referral has not been made, the attendance officer
6-13     shall refer the child to the county juvenile probation department
6-14     for action as engaging in conduct indicating a need for supervision
6-15     under that section.]
6-16           (d)  [A court in which a complaint is filed under this
6-17     section shall give preference to a hearing on the complaint over
6-18     other cases before the court.]
6-19           [(e)]  An offense under Subsection (b) [this section] is a
6-20     Class C misdemeanor.  Each day the child remains out of school
6-21     after the warning has been given or the child has been ordered to
6-22     attend school by the municipal or justice [juvenile] court may
6-23     constitute a separate offense.  Two or more offenses under
6-24     Subsection (b) [this section] may be consolidated and prosecuted in
6-25     a single action.  If the court orders deferred disposition under
6-26     Article 45.051, Code of Criminal Procedure [probates the sentence],
 7-1     the court may require the defendant to provide [render] personal
 7-2     services to a charitable or educational institution as a condition
 7-3     of the deferral [probation].
 7-4           (e) [(f)]  A fine collected under this section shall be
 7-5     deposited as follows:
 7-6                 (1)  one-half shall be deposited to the credit of the
 7-7     operating fund of the school district in which the child attends
 7-8     school or of the juvenile justice alternative education program
 7-9     that the child has been ordered to attend, as applicable; and
7-10                 (2)  one-half shall be deposited to the credit of:
7-11                       (A)  the general fund of the county, if the
7-12     complaint is filed in the [county court or] justice court; or
7-13                       (B)  the general fund of the municipality, if the
7-14     complaint is filed in municipal court.
7-15           (f) [(g)]  At the trial of any person charged with violating
7-16     Subsection (b) [this section], the attendance records of the child
7-17     may be presented in court by any authorized employee of the school
7-18     district.
7-19           (g) [(h)]  The court in which a conviction, deferred
7-20     adjudication, or deferred disposition for an offense under
7-21     Subsection (b) [this section] occurs may order the defendant to
7-22     attend a program [class] for parents of students with unexcused
7-23     absences that provides instruction designed to assist those parents
7-24     in identifying problems that contribute to the students' unexcused
7-25     absences and in developing strategies for resolving those problems
7-26     if a program is available [the school district in which the person
 8-1     resides offers such a class].
 8-2           (h)  If a parent refuses to obey a court order entered under
 8-3     this section, the court may punish the parent for contempt of court
 8-4     under Section 21.002, Government Code.
 8-5           (i)  It is an affirmative defense to prosecution for an
 8-6     offense under Subsection (b) that one or more of the absences
 8-7     required to be proven under Subsection (b) was excused by a school
 8-8     official or should be excused by the court.  The burden is on the
 8-9     defendant to show by a preponderance of the evidence that the
8-10     absence has been or should be excused.  A decision by the court to
8-11     excuse an absence for purposes of this section does not affect the
8-12     ability of the school district to determine whether to excuse the
8-13     absence for another purpose.
8-14           (j) [(i)]  In this section, "parent" includes a person
8-15     standing in parental relation.
8-16           SECTION 4.  Section 25.094, Education Code, is amended to
8-17     read as follows:
8-18           Sec. 25.094.  Failure to Attend School.  (a)  An individual
8-19     [A child] commits an offense if the individual [child]:
8-20                 (1)  is required to attend school under Section 25.085;
8-21     and
8-22                 (2)  fails to attend school on 10 or more days or parts
8-23     of days within a six-month period in the same school year or on
8-24     three or more days or parts of days within a four-week period [for
8-25     the amount of time specified under Section 51.03(b)(2), Family
8-26     Code, and is not excused under Section 25.087].
 9-1           (b)  An offense under this section may be prosecuted in a
 9-2     justice court of any precinct in the county in which the individual
 9-3     [child] resides or in which the school is located or in a municipal
 9-4     court in the municipality in which the individual [child] resides
 9-5     or in which the school is located.
 9-6           (c)  On a finding by the justice or municipal court that the
 9-7     individual [child] has committed an offense under Subsection (a),
 9-8     the court may enter an order that includes one or more of the
 9-9     requirements listed in Article 45.054, Code of Criminal Procedure
9-10     [Section 54.021(d), Family Code].
9-11           (d)  [If the justice or municipal court finds that a child
9-12     has violated an order issued under Subsection (c), the court shall
9-13     transfer the complaint against the child, together with all
9-14     pleadings and orders, to a juvenile court for the county in which
9-15     the child resides.  The juvenile court shall conduct an
9-16     adjudication hearing as provided by Section 54.03, Family Code.
9-17     The adjudication hearing shall be de novo.]
9-18           [(e)]  Pursuant to an order of the justice or municipal court
9-19     based on an affidavit showing probable cause to believe that an
9-20     individual has committed an offense under this section, a peace
9-21     officer may take the individual [a child] into custody [if there
9-22     are reasonable grounds to believe that the child has committed an
9-23     offense under this section].  A peace officer taking an individual
9-24     [a child] into custody under this subsection shall:
9-25                 (1)  promptly notify the individual's [child's] parent,
9-26     guardian, or custodian of the officer's action and the reason for
 10-1    that action; and
 10-2                (2)  without unnecessary delay:
 10-3                      (A)  release the individual [child] to the
 10-4    individual's [child's] parent, guardian, or custodian or to another
 10-5    responsible adult, if the person promises to bring the individual
 10-6    [child] to the justice or municipal court as requested by the
 10-7    court; or
 10-8                      (B)  bring the individual [child] to a justice or
 10-9    municipal court with venue over the offense [the justice of the
10-10    peace of the court having jurisdiction over the child].
10-11          (e) [(f)]  An offense under this section is a Class C
10-12    misdemeanor.
10-13          (f)  It is an affirmative defense to prosecution under this
10-14    section that one or more of the absences required to be proven
10-15    under Subsection (a) was excused by a school official or should be
10-16    excused by the court.  The burden is on the defendant to show by a
10-17    preponderance of the evidence that the absence has been or should
10-18    be excused.  A decision by the court to excuse an absence for
10-19    purposes of this section does not affect the ability of the school
10-20    district to determine whether to excuse the absence for another
10-21    purpose.
10-22          (g)  It is an affirmative defense to prosecution under this
10-23    section that one or more of the absences required to be proven
10-24    under Subsection (a) was involuntary.  The burden is on the
10-25    defendant to show by a preponderance of the evidence that the
10-26    absence was involuntary.  [Any person convicted of not more than
 11-1    one violation under this section while a minor, on attaining the
 11-2    age of 18 years, may apply to the court in which the person was
 11-3    convicted to have the conviction expunged.]
 11-4          [(h)  The application must contain the applicant's sworn
 11-5    statement that the person was not convicted of any violation of
 11-6    this section while a minor other than the one the person seeks to
 11-7    have expunged.]
 11-8          [(i)  If the court finds that the applicant was not convicted
 11-9    of any other violation of this section while the person was a
11-10    minor, the court shall order the conviction, together with all
11-11    complaints, verdicts, sentences, and other documents relating to
11-12    the offense, to be expunged from the applicant's record.  After
11-13    entry of the order, the applicant shall be released from all
11-14    disabilities resulting from the conviction, and the conviction may
11-15    not be shown or made known for any purpose.]
11-16          SECTION 5.  Section 25.095, Education Code, is amended to
11-17    read as follows:
11-18          Sec. 25.095.  Warning Notice.  (a)(1)  A school district
11-19    shall notify a student's parent or legal guardian in writing at the
11-20    beginning of the school year that if[, in a six-month period,] the
11-21    student is [has been] absent from school three days or parts of
11-22    days in a four-week period without parental consent or is absent
11-23    without an excuse for 10 or more days or parts of days in a
11-24    six-month period:
11-25                      (A)  the student's parent or legal guardian is
11-26    subject to prosecution under Section 25.093; and
 12-1                      (B)  the student is subject to prosecution under
 12-2    Section 25.094 [five times for any part of the day].
 12-3                (2)  The notice must:
 12-4                      (A)  inform the parent that:
 12-5                            (i)  it is the parent's duty to monitor the
 12-6    student's school attendance and require the student to attend
 12-7    school; and
 12-8                            (ii)  the parent is subject to prosecution
 12-9    under Section 25.093(b) for failure to require the child to attend
12-10    school as required by law; and
12-11                      (B)  request a conference between school
12-12    officials and the parent to discuss the absences [state that if the
12-13    student is absent without an excuse for 10 or more days or parts of
12-14    days in a six-month period:]
12-15                [(1)  the student's parent is subject to prosecution
12-16    under Section 25.093; and]
12-17                [(2)  the student is subject to prosecution under
12-18    Section 25.094].
12-19          (b)  [Notice is not required under this section if the
12-20    student is a party to a juvenile court proceeding for conduct
12-21    described by Section 51.03(b)(2), Family Code.]
12-22          [(c)]  The fact that a parent did not receive a notice under
12-23    this section does not create a defense to prosecution under Section
12-24    25.093 or 25.094.
12-25          (c) [(d)]  In this section, "parent" includes a person
12-26    standing in parental relation.
 13-1          SECTION 6.  Subchapter C, Chapter 25, Education Code, is
 13-2    amended by adding Sections 25.0951 and 25.0952 to read as follows:
 13-3          Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
 13-4    FAILURE TO ATTEND SCHOOL.  (a)  If a student fails to attend school
 13-5    without excuse on 10 or more days or parts of days within a
 13-6    six-month period in the same school year, a school district shall:
 13-7                (1)  file a complaint against the student or the
 13-8    student's parent or both in a justice or municipal court for an
 13-9    offense under Section 25.093 or 25.094, as appropriate; or
13-10                (2)  refer the student to a juvenile court for conduct
13-11    indicating a need for supervision under Section 51.03(b)(2), Family
13-12    Code.
13-13          (b)  If a student fails to attend school without excuse on
13-14    three or more days or parts of days within a four-week period but
13-15    does not fail to attend school for the time described by Subsection
13-16    (a), the school district may:
13-17                (1)  file a complaint against the student or the
13-18    student's parent or both in a justice or municipal court for an
13-19    offense under Section 25.093 or 25.094, as appropriate; or
13-20                (2)  refer the student to a juvenile court for conduct
13-21    indicating a need for supervision under Section 51.03(b)(2), Family
13-22    Code.
13-23          (c)  In this section, "parent" includes a person standing in
13-24    parental relation.
13-25          Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED
13-26    OFFENSES.  In a proceeding in a justice or municipal court based on
 14-1    a complaint under Section 25.093 or 25.094, the court shall, except
 14-2    as otherwise provided by this chapter, use the procedures and
 14-3    exercise the powers authorized by Chapter 45, Code of Criminal
 14-4    Procedure.
 14-5          SECTION 7.  Article 45.050, Code of Criminal Procedure, is
 14-6    amended to read as follows:
 14-7          Art. 45.050.  FAILURE TO PAY FINE; CONTEMPT: JUVENILES.
 14-8    (a)  In this article, "child" has the meaning assigned by Article
 14-9    45.058(h).
14-10          (b)  A justice [court] or municipal court may not order the
14-11    confinement of a [person who is a] child [for the purposes of Title
14-12    3, Family Code,] for:
14-13                (1)  the failure to pay all or any part of a fine or
14-14    costs imposed for the conviction of an offense punishable by fine
14-15    only; or
14-16                (2)  contempt of another order of a justice or
14-17    municipal court.
14-18          (c) [(b)]  If a [person who is a] child [under Section 51.02,
14-19    Family Code,] fails to obey an order of a justice or municipal
14-20    court under circumstances that would constitute contempt of court,
14-21    the justice or municipal court [has jurisdiction to]:
14-22                (1)  has jurisdiction to [hold the child in contempt of
14-23    the justice or municipal court order as provided by Section
14-24    52.027(h), Family Code; or]
14-25                [(2)]  refer the child to the appropriate juvenile
14-26    court for delinquent conduct for contempt of the justice or
 15-1    municipal court order; or
 15-2                (2)  may retain jurisdiction of the case and:
 15-3                      (A)  hold the child in contempt of the justice or
 15-4    municipal court order and impose a fine not to exceed $500; or
 15-5                      (B)  order the Department of Public Safety to
 15-6    suspend the child's driver's license or permit or, if the child
 15-7    does not have a license or permit, to deny the issuance of a
 15-8    license or permit to the child until the child fully complies with
 15-9    the orders of the court.
15-10          (d)  A court that orders suspension or denial of a driver's
15-11    license or permit under Subsection (c)(2)(B) shall notify the
15-12    Department of Public Safety on receiving proof that the child has
15-13    fully complied with the orders of the court.
15-14          SECTION 8.  Subchapter B, Chapter 45, Code of Criminal
15-15    Procedure, is amended by adding Articles 45.054 through 45.059 to
15-16    read as follows:
15-17          Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS.  (a)  On
15-18    a finding by a justice or municipal court that an individual has
15-19    committed an offense under Section 25.094, Education Code, the
15-20    court has jurisdiction to enter an order that includes one or more
15-21    of the following provisions requiring that:
15-22                (1)  the individual:
15-23                      (A)  attend school without unexcused absences;
15-24                      (B)  attend a preparatory class for the high
15-25    school equivalency examination administered under Section 7.111,
15-26    Education Code, if the court determines that the individual is too
 16-1    old to do well in a formal classroom environment; or
 16-2                      (C)  if the individual is at least 16 years of
 16-3    age, take the high school equivalency examination administered
 16-4    under Section 7.111, Education Code;
 16-5                (2)  the individual attend a special program that the
 16-6    court determines to be in the best interest of the individual,
 16-7    including:
 16-8                      (A)  an alcohol and drug abuse program;
 16-9                      (B)  a rehabilitation program;
16-10                      (C)  a counseling program, including
16-11    self-improvement counseling;
16-12                      (D)  a program that provides training in
16-13    self-esteem and leadership;
16-14                      (E)  a work and job skills training program;
16-15                      (F)  a program that provides training in
16-16    parenting, including parental responsibility;
16-17                      (G)  a program that provides training in manners;
16-18                      (H)  a program that provides training in violence
16-19    avoidance;
16-20                      (I)  a program that provides sensitivity
16-21    training; and
16-22                      (J)  a program that provides training in advocacy
16-23    and mentoring;
16-24                (3)  the individual and the individual's parent attend
16-25    a class for students at risk of dropping out of school designed for
16-26    both the individual and the individual's parent;
 17-1                (4)  the individual complete reasonable community
 17-2    service requirements; or
 17-3                (5)  for the total number of hours ordered by the
 17-4    court, the individual participate in a tutorial program covering
 17-5    the academic subjects in which the student is enrolled provided by
 17-6    the school the individual attends.
 17-7          (b)  An order under Subsection (a)(3) that requires the
 17-8    parent of an individual to attend a class for students at risk of
 17-9    dropping out of school is enforceable in the justice or municipal
17-10    court by contempt.
17-11          (c)  A court having jurisdiction under this section shall
17-12    endorse on the summons issued to the parent of the individual who
17-13    is the subject of the hearing an order directing the parent to
17-14    appear personally at the hearing and directing the person having
17-15    custody of the individual to bring the individual to the hearing.
17-16          (d)  An individual commits an offense if the individual is a
17-17    parent who fails to attend a hearing under this section after
17-18    receiving notice under Subsection (c) that the individual's
17-19    attendance is required.  An offense under this subsection is a
17-20    Class C misdemeanor.
17-21          (e)  On the commencement of proceedings under this article,
17-22    the court shall inform the individual who is the subject of the
17-23    hearing and the individual's parent in open court of the
17-24    individual's expunction rights and provide the individual and the
17-25    individual's parent with a written copy of Article 45.055.
17-26          (f)  In addition to any other order authorized by this
 18-1    article, the court may order the Department of Public Safety to
 18-2    suspend the driver's license or permit of the individual who is the
 18-3    subject of the hearing or, if the individual does not have a
 18-4    license or permit, to deny the issuance of a license or permit to
 18-5    the individual for a period specified by the court not to exceed
 18-6    365 days.
 18-7          (g)  A dispositional order under this article is effective
 18-8    for the period specified by the court in the order but may not
 18-9    extend beyond the 180th day after the date of the order or beyond
18-10    the end of the school year in which the order was entered,
18-11    whichever period is longer.
18-12          (h)  In this article, "parent" includes a person standing in
18-13    parental relation.
18-14          Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
18-15    TO ATTEND SCHOOL CASES.  (a)  An individual convicted of not more
18-16    than one violation of Section 25.094, Education Code, may, on or
18-17    after the individual's 18th birthday, apply to the court in which
18-18    the individual was convicted to have the conviction and records
18-19    relating to the conviction expunged.
18-20          (b)  To apply for an expunction, the applicant must submit a
18-21    written request that:
18-22                (1)  is made under oath;
18-23                (2)  states that the applicant has not been convicted
18-24    of more than one violation of Section 25.094, Education Code; and
18-25                (3)  is in the form determined by the applicant.
18-26          (c)  The court may expunge the conviction and records
 19-1    relating to the conviction without a hearing or, if facts are in
 19-2    doubt, may order a hearing on the application.  If the court finds
 19-3    that the applicant has not been convicted of more than one
 19-4    violation of Section 25.094, Education Code, the court shall order
 19-5    the conviction, together with all complaints, verdicts, sentences,
 19-6    and other documents relating to the offense, including any
 19-7    documents in the possession of a school district or law enforcement
 19-8    agency, to be expunged from the applicant's record.  After entry of
 19-9    the order, the applicant is released from all disabilities
19-10    resulting from the conviction, and the conviction may not be shown
19-11    or made known for any purpose.  The court shall inform the
19-12    applicant of the court's decision on the application.
19-13          (d)  The justice or municipal court may not require an
19-14    individual who files an application under this article to pay any
19-15    fee or court costs for seeking expunction.
19-16          Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
19-17    REIMBURSEMENT.  (a)  On approval of the commissioners court, city
19-18    council, school district board of trustees, juvenile board, or
19-19    other appropriate  authority, a justice court, municipal court,
19-20    school district, juvenile probation department, or other
19-21    appropriate governmental entity may:
19-22                (1)  employ a case manager to provide services in
19-23    truancy cases; or
19-24                (2)  agree in accordance with Chapter 791, Government
19-25    Code, to jointly employ a case manager to provide services in
19-26    truancy cases.
 20-1          (b)  A local entity may apply or more than one local entity
 20-2    may jointly apply to the criminal justice division of the
 20-3    governor's office for reimbursement of all or part of the costs of
 20-4    employing one or more truancy case managers from funds appropriated
 20-5    to the governor's office or otherwise available for that purpose.
 20-6    To be eligible for  reimbursement, the entity applying must present
 20-7    to the governor's office a comprehensive plan to reduce truancy in
 20-8    the entity's jurisdiction that addresses the role of the case
 20-9    manager in that effort.
20-10          Art. 45.057.  OFFENSES COMMITTED BY JUVENILES.  (a)  In this
20-11    article, "child" has the meaning assigned by Article 45.058(h).
20-12          (b)  On a finding by a justice or municipal court that a
20-13    child committed an offense that the court has jurisdiction of under
20-14    Article 4.11 or 4.14, other than a traffic offense, the court has
20-15    jurisdiction to enter an order:
20-16                (1)  referring the child or the child's parent,
20-17    managing conservator, or guardian for services under Section
20-18    264.302, Family Code;
20-19                (2)  requiring that the child attend a special program
20-20    that the court determines to be in the best interest of the child
20-21    and, if the program involves the expenditure of county funds, that
20-22    is approved by the county commissioners court, including a
20-23    rehabilitation, counseling, self-esteem and leadership, work and
20-24    job skills training, job interviewing and work preparation,
20-25    self-improvement, parenting, manners, violence avoidance, tutoring,
20-26    sensitivity training, parental responsibility, community service,
 21-1    restitution, advocacy, or mentoring program; or
 21-2                (3)  if the court finds the parent, managing
 21-3    conservator, or guardian, by act or omission, contributed to,
 21-4    caused, or encouraged the child's conduct, requiring that the
 21-5    child's parent, managing conservator, or guardian do any act or
 21-6    refrain from doing any act that the court determines will increase
 21-7    the likelihood that the child will comply with the orders of the
 21-8    court and that is reasonable and necessary for the welfare of the
 21-9    child, including:
21-10                      (A)  attend a parenting class or parental
21-11    responsibility program; and
21-12                      (B)  attend the child's school classes or
21-13    functions.
21-14          (c)  The justice or municipal court may order the parent,
21-15    managing conservator, or guardian of a child required to attend a
21-16    program under Subsection (b) to pay an amount not greater than $100
21-17    to pay for the costs of the program.
21-18          (d)  A justice or municipal court may require a child,
21-19    parent, managing conservator, or guardian required to attend a
21-20    program, class, or function under this article to submit proof of
21-21    attendance to the court.
21-22          (e)  A justice or municipal court shall endorse on the
21-23    summons issued to a parent, managing conservator, or guardian an
21-24    order to appear personally at the hearing with the child.  The
21-25    summons must include a warning that the failure of the parent,
21-26    managing conservator, or guardian to appear may be punishable as a
 22-1    Class C misdemeanor.
 22-2          (f)  An order under this article involving a child is
 22-3    enforceable under Article 45.050.
 22-4          (g)  A person commits an offense if the person is a parent,
 22-5    managing conservator, or guardian who fails to attend a hearing
 22-6    under this article after receiving an order under Subsection (e).
 22-7    An offense under this subsection is a Class C misdemeanor.
 22-8          (h)  Any other order under this article is enforceable by the
 22-9    justice or municipal court by contempt.
22-10          Art. 45.058.  CHILDREN TAKEN INTO CUSTODY.  (a)  A child may
22-11    be released to the child's parent, guardian, custodian, or other
22-12    responsible adult as provided by Section 52.02(a)(1), Family Code,
22-13    if the child is taken into custody for an offense that a justice or
22-14    municipal court has jurisdiction of under Article 4.11 or 4.14,
22-15    other than public intoxication.
22-16          (b)  A child described by Subsection (a) must be taken only
22-17    to a place previously designated by the head of the law enforcement
22-18    agency with custody of the child as an appropriate place of
22-19    nonsecure custody for children unless the child:
22-20                (1)  is released under Section 52.02(a)(1), Family
22-21    Code; or
22-22                (2)  is taken before a justice or municipal court.
22-23          (c)  A place of nonsecure custody for children must be an
22-24    unlocked, multipurpose area.  A lobby, office, or interrogation
22-25    room is suitable if the area is not designated, set aside, or used
22-26    as a secure detention area and is not part of a secure detention
 23-1    area.  A place of nonsecure custody may be a juvenile processing
 23-2    office designated under Section 52.025, Family Code, if the area is
 23-3    not locked when it is used as a place of nonsecure custody.
 23-4          (d)  The following procedures shall be followed in a place of
 23-5    nonsecure custody for children:
 23-6                (1)  a child may not be secured physically to a cuffing
 23-7    rail, chair, desk, or other stationary object;
 23-8                (2)  the child may be held in the nonsecure facility
 23-9    only long enough to accomplish the purpose of identification,
23-10    investigation, processing, release to parents, or the arranging of
23-11    transportation to the appropriate juvenile court, juvenile
23-12    detention facility, secure detention facility, justice court, or
23-13    municipal court;
23-14                (3)  residential use of the area is prohibited; and
23-15                (4)  the child shall be under continuous visual
23-16    supervision by a law enforcement officer or facility staff person
23-17    during the time the child is in nonsecure custody.
23-18          (e)  Notwithstanding any other provision of this article, a
23-19    child may not, under any circumstances, be detained in a place of
23-20    nonsecure custody for more than six hours.
23-21          (f)  A child taken into custody for an offense that a justice
23-22    or municipal court has jurisdiction of under Article 4.11 or 4.14,
23-23    other than public intoxication, may be presented or detained in a
23-24    detention facility designated by the juvenile court under Section
23-25    52.02(a)(3), Family Code, only if:
23-26                (1)  the child's nontraffic case is transferred to the
 24-1    juvenile court by a justice or municipal court under Section
 24-2    51.08(b), Family Code; or
 24-3                (2)  the child is referred to the juvenile court by a
 24-4    justice or municipal court for contempt of court under Article
 24-5    45.050.
 24-6          (g)  A law enforcement officer may issue a field release
 24-7    citation as provided by Article 14.06 in place of taking a child
 24-8    into custody for a traffic offense or an offense, other than public
 24-9    intoxication, punishable by fine only.
24-10          (h)  In this article, "child" means a person who is:
24-11                (1)  at least 10 years of age and younger than 17 years
24-12    of age; and
24-13                (2)  charged with or convicted of an offense that a
24-14    justice or municipal court has jurisdiction of under Article 4.11
24-15    or 4.14.
24-16          Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
24-17    JUVENILE CURFEW OR ORDER.  (a)  A peace officer taking into custody
24-18    a person younger than 17 years of age for violation of a juvenile
24-19    curfew ordinance of a municipality or order of the commissioners
24-20    court of a county shall, without unnecessary delay:
24-21                (1)  release the person to the person's parent,
24-22    guardian, or custodian;
24-23                (2)  take the person before a justice or municipal
24-24    court to answer the charge; or
24-25                (3)  take the person to a place designated as a
24-26    juvenile curfew processing office by the head of the law
 25-1    enforcement agency having custody of the person.
 25-2          (b)  A juvenile curfew processing office must observe the
 25-3    following procedures:
 25-4                (1)  the office must be an unlocked, multipurpose area
 25-5    that is not designated, set aside, or used as a secure detention
 25-6    area or part of a secure detention area;
 25-7                (2)  the person may not be secured physically to a
 25-8    cuffing rail, chair, desk, or stationary object;
 25-9                (3)  the person may not be held longer than necessary
25-10    to accomplish the purposes of identification, investigation,
25-11    processing, release to a parent, guardian, or custodian, or
25-12    arrangement of transportation to school or court;
25-13                (4)  a juvenile curfew processing office may not be
25-14    designated or intended for residential purposes;
25-15                (5)  the person must be under continuous visual
25-16    supervision by a peace officer or other person during the time the
25-17    person is in the juvenile curfew processing office; and
25-18                (6)  a person may not be held in a juvenile curfew
25-19    processing office for more than six hours.
25-20          (c)  A place designated under this article as a juvenile
25-21    curfew processing office is not subject to the approval of the
25-22    juvenile board having jurisdiction where the governmental entity is
25-23    located.
25-24          SECTION 9.  Subsection (d), Article 102.014, Code of Criminal
25-25    Procedure, is amended to read as follows:
25-26          (d)  A person convicted of an offense under Section 25.093 or
 26-1    25.094, Education Code, [or a child convicted of an offense under
 26-2    Section 25.094, Education Code,] shall pay as taxable court costs
 26-3    $20 in addition to other taxable court costs.  The additional court
 26-4    costs under this subsection shall be collected in the same manner
 26-5    that other fines and taxable court costs in the case are collected.
 26-6          SECTION 10.  Subsections (b), (d), and (e), Section 51.03,
 26-7    Family Code, are amended to read as follows:
 26-8          (b)  Conduct indicating a need for supervision is:
 26-9                (1)  subject to Subsection (f) [of this section],
26-10    conduct, other than a traffic offense, that violates:
26-11                      (A)  the penal laws of this state of the grade of
26-12    misdemeanor that are punishable by fine only; or
26-13                      (B)  the penal ordinances of any political
26-14    subdivision of this state;
26-15                (2)  the [unexcused voluntary] absence of a child on 10
26-16    or more days or parts of days within a six-month period in the same
26-17    school year or on three or more days or parts of days within a
26-18    four-week period from school [without the consent of his parents];
26-19                (3)  the voluntary absence of a child from the child's
26-20    [his] home without the consent of the child's [his] parent or
26-21    guardian for a substantial length of time or without intent to
26-22    return;
26-23                (4)  conduct prohibited by city ordinance or by state
26-24    law involving the inhalation of the fumes or vapors of paint and
26-25    other protective coatings or glue and other adhesives and the
26-26    volatile chemicals itemized in Section 484.002, Health and Safety
 27-1    Code;
 27-2                (5)  an act that violates a school district's
 27-3    previously communicated written standards of student conduct for
 27-4    which the child has been expelled under Section 37.007(c),
 27-5    Education Code; or
 27-6                (6)  conduct that violates a reasonable and lawful
 27-7    order of a court entered under Section 264.305.
 27-8          (d)  It is an affirmative defense to an allegation of conduct
 27-9    under Subsection (b)(2) that one or more of the absences required
27-10    to be proven under that subsection have been excused by a school
27-11    official or should be excused by the court or that one of the
27-12    absences was involuntary.  The burden is on the respondent to show
27-13    by a preponderance of the evidence that the absence has been or
27-14    should be excused or that the absence was involuntary.  A decision
27-15    by the court to excuse an absence for purposes of this subsection
27-16    does not affect the ability of the school district to determine
27-17    whether to excuse the absence for another purpose.  [For the
27-18    purpose of Subsection (b)(2) of this section an absence is excused
27-19    when the absence results from:]
27-20                [(1)  illness of the child;]
27-21                [(2)  illness or death in the family of the child;]
27-22                [(3)  quarantine of the child and family;]
27-23                [(4)  weather or road conditions making travel
27-24    dangerous;]
27-25                [(5)  an absence approved by a teacher, principal, or
27-26    superintendent of the school in which the child is enrolled; or]
 28-1                [(6)  circumstances found reasonable and proper.]
 28-2          (e)  For the purposes of [Subdivisions (2) and (3) of]
 28-3    Subsection (b)(3) [(b) of this section], "child" does not include a
 28-4    person who is married, divorced, or widowed.
 28-5          SECTION 11.  Subsection (a), Section 51.12, Family Code, is
 28-6    amended to read as follows:
 28-7          (a)  Except as provided by Subsection (h), a child may be
 28-8    detained only in a:
 28-9                (1)  juvenile processing office in compliance with
28-10    Section 52.025;
28-11                (2)  place of nonsecure custody in compliance with
28-12    Article 45.058, Code of Criminal Procedure [Section 52.027];
28-13                (3)  certified juvenile detention facility that
28-14    complies with the requirements of Subsection (f);
28-15                (4)  secure detention facility as provided by
28-16    Subsection (j); or
28-17                (5)  county jail or other facility as provided by
28-18    Subsection (l).
28-19          SECTION 12.  Subsection (b), Section 54.021, Family Code, is
28-20    amended to read as follows:
28-21          (b)  A justice or municipal court may exercise jurisdiction
28-22    over a person alleged to have engaged in conduct indicating a need
28-23    for supervision by engaging in conduct described in Section
28-24    51.03(b)(2) in a case where:
28-25                (1)  the juvenile court has waived its original
28-26    jurisdiction under this section; and
 29-1                (2)  a complaint is filed by the appropriate authority
 29-2    in the justice or municipal court charging an offense under Section
 29-3    25.094, Education Code.
 29-4          (c)  A proceeding in a justice or municipal court on a
 29-5    complaint charging an offense under Section 25.094, Education Code,
 29-6    is governed by Chapter 45, Code of Criminal Procedure [A justice or
 29-7    municipal court may exercise jurisdiction under this section
 29-8    without regard to whether the justice of the peace or municipal
 29-9    judge for the court is a licensed attorney or the hearing for a
29-10    case is before a jury consisting of six persons].
29-11          SECTION 13.  Subsection (f), Section 54.041, Family Code, is
29-12    amended to read as follows:
29-13          (f)  If a child is found to have engaged in conduct
29-14    indicating a need for supervision described under Section
29-15    51.03(b)(2) [of this code], the court may order the child's parents
29-16    or guardians to attend a program [class] described by Section
29-17    25.093(g) [25.093(h)], Education Code, if a program is available
29-18    [the school district in which the child's parents or guardians
29-19    reside offers a class under that section].
29-20          SECTION 14.  Subsection (e), Section 264.302, Family Code, is
29-21    amended to read as follows:
29-22          (e)  The department shall provide services for a child and
29-23    the child's family if a contract to provide services under this
29-24    section is available in the county and the child is referred to the
29-25    department as an at-risk child by:
29-26                (1)  a court under Section 264.304;
 30-1                (2)  a juvenile court or probation department as part
 30-2    of a progressive sanctions program under Chapter 59;
 30-3                (3)  a law enforcement officer or agency under Section
 30-4    52.03; or
 30-5                (4)  a justice or municipal court under Article 45.057,
 30-6    Code of Criminal Procedure [Section 54.022].
 30-7          SECTION 15.  Subsection (a), Section 7.111, Education Code,
 30-8    as amended by Chapters 76 and 1282, Acts of the 76th Legislature,
 30-9    Regular Session, 1999, is amended to read as follows:
30-10          (a)  The board shall provide for the administration of high
30-11    school equivalency examinations.  A person who does not have a high
30-12    school diploma may take the examination in accordance with rules
30-13    adopted by the board if the person is:
30-14                (1)  over 17 years of age; [or]
30-15                (2)  16 years of age or older and:
30-16                      (A)  is enrolled in a Job Corps training program
30-17    under the Job Training Partnership Act (29 U.S.C. Section 1501 et
30-18    seq.), and its subsequent amendments; or
30-19                      (B)  a public agency providing supervision of the
30-20    person or having custody of the person under a court order
30-21    recommends that the person take the examination; or
30-22                (3)  required to take the examination under a justice
30-23    or municipal court order issued under Article 45.054(a)(1)(B), Code
30-24    of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
30-25          SECTION 16.  Subsection (b), Section 351.903, Local
30-26    Government Code, is amended to read as follows:
 31-1          (b)  This authority includes the authority to:
 31-2                (1)  establish the hours of the curfew, including
 31-3    different hours for different days of the week;
 31-4                (2)  apply different curfew hours to different age
 31-5    groups of juveniles;
 31-6                (3)  describe the kinds of conduct subject to the
 31-7    curfew;
 31-8                (4)  determine the locations to which the curfew
 31-9    applies;
31-10                (5)  determine which persons incur liability if a
31-11    violation of the curfew occurs;
31-12                (6)  prescribe procedures, in compliance with Article
31-13    45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
31-14    police officer must follow in enforcing the curfew; and
31-15                (7)  establish exemptions to the curfew, including but
31-16    not limited to exemptions for times when there are no classes being
31-17    conducted, for holidays, and for persons going to or from work.
31-18          SECTION 17.  (a)  Section 25.096, Education Code, is
31-19    repealed.
31-20          (b)  Sections 52.027 and 52.028, Subsections (c) through (h),
31-21    Section 54.021, and Section 54.022, Family Code, are repealed.
31-22          SECTION 18.  The change in law made by this Act applies only
31-23    to a defendant charged with an offense committed or, for the
31-24    purposes of Title 3, Family Code, a child alleged to have engaged
31-25    in conduct that occurs on or after the effective date of this Act.
31-26    An offense committed or conduct that occurs before the effective
 32-1    date of this Act is covered by the law in effect when the offense
 32-2    was committed or the conduct occurred, and the former law is
 32-3    continued in effect for that purpose.  For purposes of this
 32-4    section, an offense was committed before the effective date of this
 32-5    Act if every element of the offense occurred before that date, and
 32-6    conduct violating a penal law of this state occurred before the
 32-7    effective date of this Act if every element of the violation
 32-8    occurred before that date.
 32-9          SECTION 19.  For purposes of Sections 25.093 and 25.094,
32-10    Education Code, and Section 51.03, Family Code, as amended by this
32-11    Act, and Section 25.0951, Education Code, as added by this Act, an
32-12    absence that occurs during the 2001-2002 school year is included in
32-13    determining the number of a student's absences, regardless of
32-14    whether the absence occurred before the effective date of this Act.
32-15          SECTION 20.  This Act takes effect September 1, 2001.