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.