1-1 AN ACT
1-2 relating to truancy, high school equivalency programs, and the
1-3 authority of justice, municipal, and certain juvenile courts in
1-4 relation to children; providing criminal penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subsection (f), Section 25.002, Education Code,
1-7 is amended to read as follows:
1-8 (f) Except as otherwise provided by this subsection, for a
1-9 child to be enrolled in a public school, the child must be enrolled
1-10 by the child's parent or by the child's guardian or other person
1-11 with legal control of the child under a court order. A school
1-12 district shall record the name, address, and date of birth of the
1-13 person enrolling a child.
1-14 SECTION 2. Section 25.091, Education Code, is amended to
1-15 read as follows:
1-16 Sec. 25.091. POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
1-17 ATTENDANCE OFFICERS [OFFICER]. (a) A peace officer serving as an
1-18 attendance officer has the following powers and duties concerning
1-19 enforcement of compulsory school attendance requirements:
1-20 (1) to investigate each case of a violation of
1-21 compulsory school attendance requirements referred to the peace
1-22 officer;
1-23 (2) to enforce compulsory school attendance
1-24 requirements by:
1-25 (A) referring a student to a juvenile court or
2-1 filing a complaint against a student in a justice or municipal
2-2 court if the student has unexcused absences for the amount of time
2-3 specified under Section 25.094 or under Section 51.03(b)(2), Family
2-4 Code; and
2-5 (B) filing a complaint in a justice or municipal
2-6 court against a parent who violates Section 25.093;
2-7 (3) to serve court-ordered legal process;
2-8 (4) to review school attendance records for compliance
2-9 by each student investigated by the officer;
2-10 (5) to maintain an investigative record on each
2-11 compulsory school attendance requirement violation and related
2-12 court action and, at the request of a court, the board of trustees
2-13 of a school district, or the commissioner, to provide a record to
2-14 the individual or entity requesting the record;
2-15 (6) to make a home visit or otherwise contact the
2-16 parent of a student who is in violation of compulsory school
2-17 attendance requirements, except that a peace officer may not enter
2-18 a residence without the permission of the parent of a student
2-19 required under this subchapter to attend school or of the tenant or
2-20 owner of the residence except to lawfully serve court-ordered legal
2-21 process on the parent; and
2-22 (7) to take a student into custody with the permission
2-23 of the student's parent or in obedience to a court-ordered legal
2-24 process.
2-25 (b) An attendance officer employed by a school district who
2-26 is not commissioned as a peace officer has the following powers and
3-1 duties with respect to enforcement of compulsory school attendance
3-2 requirements:
3-3 (1) to investigate each case of a violation of the
3-4 compulsory school attendance requirements referred to the
3-5 attendance officer;
3-6 (2) to enforce compulsory school attendance
3-7 requirements by:
3-8 (A) referring a student to a juvenile court or
3-9 filing a complaint against a student in a justice or municipal
3-10 court if the student has unexcused absences for the amount of time
3-11 specified under Section 25.094 or under Section 51.03(b)(2), Family
3-12 Code; and
3-13 (B) filing a complaint in a justice or municipal
3-14 court against a parent who violates Section 25.093;
3-15 (3) to monitor school attendance compliance by each
3-16 student investigated by the officer;
3-17 (4) to maintain an investigative record on each
3-18 compulsory school attendance requirement violation and related
3-19 court action and, at the request of a court, the board of trustees
3-20 of a school district, or the commissioner, to provide a record to
3-21 the individual or entity requesting the record;
3-22 (5) to make a home visit or otherwise contact the
3-23 parent of a student who is in violation of compulsory school
3-24 attendance requirements, except that the attendance officer may not
3-25 enter a residence without permission of the parent or of the owner
3-26 or tenant of the residence;
4-1 (6) at the request of a parent, to escort a student
4-2 from any location to a school campus to ensure the student's
4-3 compliance with compulsory school attendance requirements; and
4-4 (7) if the attendance officer has or is informed of a
4-5 court-ordered legal process directing that a student be taken into
4-6 custody and the school district employing the officer does not
4-7 employ its own police department, to contact the sheriff,
4-8 constable, or any peace officer to request that the student be
4-9 taken into custody and processed according to the legal process.
4-10 (c) In this section:
4-11 (1) "Parent" includes a person standing in parental
4-12 relation.
4-13 (2) "Peace officer" has the meaning assigned by
4-14 Article 2.12, Code of Criminal Procedure. [A school attendance
4-15 officer has the following powers and duties:]
4-16 [(1) to investigate each case of unexcused absence
4-17 from school;]
4-18 [(2) to administer oaths and to serve legal process;]
4-19 [(3) to enforce the compulsory school attendance law;]
4-20 [(4) to keep a record of each case of any kind
4-21 investigated by the officer in the discharge of the officer's
4-22 duties;]
4-23 [(5) to make any report required by the commissioner
4-24 concerning the discharge of the officer's duties; and]
4-25 [(6) to refer to a juvenile court or to a justice
4-26 court if the juvenile court has waived jurisdiction as provided by
5-1 Section 54.021(a), Family Code, any student who has unexcused
5-2 voluntary absences for the amount of time specified under Section
5-3 51.03(b)(2), Family Code, or to file a complaint against any person
5-4 standing in parental relation who violates Section 25.093 or to
5-5 file a complaint against a student who violates Section 25.094.]
5-6 [(b) A school attendance officer may not enter a private
5-7 residence or any part of a private residence without the permission
5-8 of the owner or tenant except to serve lawful process on a parent,
5-9 guardian, or other person standing in parental relation to a child
5-10 to whom the compulsory school attendance law applies.]
5-11 [(c) A school attendance officer may not forcibly take
5-12 corporal custody of any child anywhere without permission of the
5-13 parent, guardian, or other person standing in parental relation to
5-14 the child except in obedience to a valid process issued by a court
5-15 of competent jurisdiction.]
5-16 SECTION 3. Section 25.093, Education Code, is amended to
5-17 read as follows:
5-18 Sec. 25.093. PARENT CONTRIBUTING TO TRUANCY [THWARTING
5-19 COMPULSORY ATTENDANCE LAW]. (a) [If any parent of a child
5-20 required to attend school fails to require the child to attend
5-21 school as required by law, the school attendance officer shall warn
5-22 the 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(a) [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 (b) [(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.
6-9 (c) [The attendance officer shall file a complaint under
6-10 this section in the court to which the parent's child has been
6-11 referred for engaging in conduct described in Section 51.03(b)(2),
6-12 Family Code, if a referral has been made for the child. If a
6-13 referral has not been made, the attendance officer shall refer the
6-14 child to the county juvenile probation department for action as
6-15 engaging in conduct indicating a need for supervision under that
6-16 section.]
6-17 [(d) A court in which a complaint is filed under this
6-18 section shall give preference to a hearing on the complaint over
6-19 other cases before the court.]
6-20 [(e)] An offense under Subsection (a) [this section] is a
6-21 Class C misdemeanor. Each day the child remains out of school
6-22 [after the warning has been given or the child has been ordered to
6-23 attend school by the juvenile court] may constitute a separate
6-24 offense. Two or more offenses under Subsection (a) [this section]
6-25 may be consolidated and prosecuted in a single action. If the
6-26 court orders deferred disposition under Article 45.051, Code of
7-1 Criminal Procedure [probates the sentence], the court may require
7-2 the defendant to provide [render] personal services to a charitable
7-3 or educational institution as a condition of the deferral
7-4 [probation].
7-5 (d) [(f)] A fine collected under this section shall be
7-6 deposited as follows:
7-7 (1) one-half shall be deposited to the credit of the
7-8 operating fund of the school district in which the child attends
7-9 school or of the juvenile justice alternative education program
7-10 that the child has been ordered to attend, as applicable; and
7-11 (2) one-half shall be deposited to the credit of:
7-12 (A) the general fund of the county, if the
7-13 complaint is filed in the [county court or] justice court; or
7-14 (B) the general fund of the municipality, if the
7-15 complaint is filed in municipal court.
7-16 (e) [(g)] At the trial of any person charged with violating
7-17 Subsection (a) [this section], the attendance records of the child
7-18 may be presented in court by any authorized employee of the school
7-19 district.
7-20 (f) [(h)] The court in which a conviction, deferred
7-21 adjudication, or deferred disposition for an offense under
7-22 Subsection (a) [this section] occurs may order the defendant to
7-23 attend a program [class] for parents of students with unexcused
7-24 absences that provides instruction designed to assist those parents
7-25 in identifying problems that contribute to the students' unexcused
7-26 absences and in developing strategies for resolving those problems
8-1 if a program is available [the school district in which the person
8-2 resides offers such a class].
8-3 (g) If a parent refuses to obey a court order entered under
8-4 this section, the court may punish the parent for contempt of court
8-5 under Section 21.002, Government Code.
8-6 (h) It is an affirmative defense to prosecution for an
8-7 offense under Subsection (a) that one or more of the absences
8-8 required to be proven under Subsection (a) was excused by a school
8-9 official or should be excused by the court. The burden is on the
8-10 defendant to show by a preponderance of the evidence that the
8-11 absence has been or should be excused. A decision by the court to
8-12 excuse an absence for purposes of this section does not affect the
8-13 ability of the school district to determine whether to excuse the
8-14 absence for another purpose.
8-15 (i) In this section, "parent" includes a person standing in
8-16 parental relation.
8-17 SECTION 4. Section 25.094, Education Code, is amended to
8-18 read as follows:
8-19 Sec. 25.094. FAILURE TO ATTEND SCHOOL. (a) An individual
8-20 [A child] commits an offense if the individual [child]:
8-21 (1) is required to attend school under Section 25.085;
8-22 and
8-23 (2) fails to attend school on 10 or more days or parts
8-24 of days within a six-month period in the same school year or on
8-25 three or more days or parts of days within a four-week period [for
8-26 the amount of time specified under Section 51.03(b)(2), Family
9-1 Code, and is not excused under Section 25.087].
9-2 (b) An offense under this section may be prosecuted in a
9-3 justice court of any precinct in the county in which the individual
9-4 [child] resides or in which the school is located or in a municipal
9-5 court in the municipality in which the individual [child] resides
9-6 or in which the school is located.
9-7 (c) On a finding by the justice or municipal court that the
9-8 individual [child] has committed an offense under Subsection (a) or
9-9 on a finding by a juvenile court in a county with a population of
9-10 less than 100,000 that the individual has engaged in conduct that
9-11 violates Subsection (a), the court may enter an order that includes
9-12 one or more of the requirements listed in Article 45.054, Code of
9-13 Criminal Procedure [Section 54.021(d), Family Code].
9-14 (d) [If the justice or municipal court finds that a child
9-15 has violated an order issued under Subsection (c), the court shall
9-16 transfer the complaint against the child, together with all
9-17 pleadings and orders, to a juvenile court for the county in which
9-18 the child resides. The juvenile court shall conduct an
9-19 adjudication hearing as provided by Section 54.03, Family Code.
9-20 The adjudication hearing shall be de novo.]
9-21 [(e)] Pursuant to an order of the justice or municipal court
9-22 based on an affidavit showing probable cause to believe that an
9-23 individual has committed an offense under this section, a peace
9-24 officer may take the individual [a child] into custody [if there
9-25 are reasonable grounds to believe that the child has committed an
9-26 offense under this section]. A peace officer taking an individual
10-1 [a child] into custody under this subsection shall:
10-2 (1) promptly notify the individual's [child's] parent,
10-3 guardian, or custodian of the officer's action and the reason for
10-4 that action; and
10-5 (2) without unnecessary delay:
10-6 (A) release the individual [child] to the
10-7 individual's [child's] parent, guardian, or custodian or to another
10-8 responsible adult, if the person promises to bring the individual
10-9 [child] to the justice or municipal court as requested by the
10-10 court; or
10-11 (B) bring the individual [child] to a justice or
10-12 municipal court with venue over the offense [the justice of the
10-13 peace of the court having jurisdiction over the child].
10-14 (e) [(f)] An offense under this section is a Class C
10-15 misdemeanor.
10-16 (f) It is an affirmative defense to prosecution under this
10-17 section that one or more of the absences required to be proven
10-18 under Subsection (a) was excused by a school official or should be
10-19 excused by the court. The burden is on the defendant to show by a
10-20 preponderance of the evidence that the absence has been or should
10-21 be excused. A decision by the court to excuse an absence for
10-22 purposes of this section does not affect the ability of the school
10-23 district to determine whether to excuse the absence for another
10-24 purpose.
10-25 (g) It is an affirmative defense to prosecution under this
10-26 section that one or more of the absences required to be proven
11-1 under Subsection (a) was involuntary. The burden is on the
11-2 defendant to show by a preponderance of the evidence that the
11-3 absence was involuntary. [Any person convicted of not more than
11-4 one violation under this section while a minor, on attaining the
11-5 age of 18 years, may apply to the court in which the person was
11-6 convicted to have the conviction expunged.]
11-7 [(h) The application must contain the applicant's sworn
11-8 statement that the person was not convicted of any violation of
11-9 this section while a minor other than the one the person seeks to
11-10 have expunged.]
11-11 [(i) If the court finds that the applicant was not convicted
11-12 of any other violation of this section while the person was a
11-13 minor, the court shall order the conviction, together with all
11-14 complaints, verdicts, sentences, and other documents relating to
11-15 the offense, to be expunged from the applicant's record. After
11-16 entry of the order, the applicant shall be released from all
11-17 disabilities resulting from the conviction, and the conviction may
11-18 not be shown or made known for any purpose.]
11-19 SECTION 5. Section 25.095, Education Code, is amended to
11-20 read as follows:
11-21 Sec. 25.095. WARNING NOTICES [NOTICE]. (a) A school
11-22 district shall notify a student's parent in writing at the
11-23 beginning of the school year [if, in a six-month period, the
11-24 student has been absent without an excuse five times for any part
11-25 of the day. The notice must state] that if the student is absent
11-26 from school on [without an excuse for] 10 or more days or parts of
12-1 days within [in] a six-month period in the same school year or on
12-2 three or more days or parts of days within a four-week period:
12-3 (1) the student's parent is subject to prosecution
12-4 under Section 25.093; and
12-5 (2) the student is subject to prosecution under
12-6 Section 25.094 or to referral to a juvenile court in a county with
12-7 a population of less than 100,000 for conduct that violates that
12-8 section.
12-9 (b) A school district shall notify a student's parent if the
12-10 student has been absent from school, without excuse under Section
12-11 25.087, on three days or parts of days within a four-week period.
12-12 The notice must:
12-13 (1) inform the parent that:
12-14 (A) it is the parent's duty to monitor the
12-15 student's school attendance and require the student to attend
12-16 school; and
12-17 (B) the parent is subject to prosecution under
12-18 Section 25.093; and
12-19 (2) request a conference between school officials and
12-20 the parent to discuss the absences. [Notice is not required under
12-21 this section if the student is a party to a juvenile court
12-22 proceeding for conduct described by Section 51.03(b)(2), Family
12-23 Code.]
12-24 (c) The fact that a parent did not receive a notice under
12-25 Subsection (a) or (b) [this section] does not create a defense to
12-26 prosecution under Section 25.093 or 25.094.
13-1 (d) In this section, "parent" includes a person standing in
13-2 parental relation.
13-3 SECTION 6. Subchapter C, Chapter 25, Education Code, is
13-4 amended by adding Sections 25.0951 and 25.0952 to read as follows:
13-5 Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
13-6 FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
13-7 without excuse on 10 or more days or parts of days within a
13-8 six-month period in the same school year, a school district shall:
13-9 (1) file a complaint against the student or the
13-10 student's parent or both in a justice or municipal court for an
13-11 offense under Section 25.093 or 25.094, as appropriate, or refer
13-12 the student to a juvenile court in a county with a population of
13-13 less than 100,000 for conduct that violates Section 25.094; or
13-14 (2) refer the student to a juvenile court for conduct
13-15 indicating a need for supervision under Section 51.03(b)(2), Family
13-16 Code.
13-17 (b) If a student fails to attend school without excuse on
13-18 three or more days or parts of days within a four-week period but
13-19 does not fail to attend school for the time described by Subsection
13-20 (a), the school district may:
13-21 (1) file a complaint against the student or the
13-22 student's parent or both in a justice or municipal court for an
13-23 offense under Section 25.093 or 25.094, as appropriate, or refer
13-24 the student to a juvenile court in a county with a population of
13-25 less than 100,000 for conduct that violates Section 25.094; or
13-26 (2) refer the student to a juvenile court for conduct
14-1 indicating a need for supervision under Section 51.03(b)(2), Family
14-2 Code.
14-3 (c) In this section, "parent" includes a person standing in
14-4 parental relation.
14-5 Sec. 25.0952. PROCEDURES APPLICABLE TO TRUANCY-RELATED
14-6 OFFENSES. In a proceeding in a justice or municipal court based on
14-7 a complaint under Section 25.093 or 25.094, the court shall, except
14-8 as otherwise provided by this chapter, use the procedures and
14-9 exercise the powers authorized by Chapter 45, Code of Criminal
14-10 Procedure.
14-11 SECTION 7. Subchapter C, Chapter 29, Education Code, is
14-12 amended by adding Section 29.087 to read as follows:
14-13 Sec. 29.087. HIGH SCHOOL EQUIVALENCY PROGRAMS. (a) The
14-14 agency shall develop a process by which a school district or
14-15 open-enrollment charter school may apply to the commissioner for
14-16 authority to operate a program to prepare eligible students to take
14-17 a high school equivalency examination.
14-18 (b) A school district or open-enrollment charter school may
14-19 not apply for authorization to operate a program under this section
14-20 unless on May 1, 2001, the district or school was operating a
14-21 similar program as authorized by the agency. As part of the
14-22 application process, the commissioner shall require a district or
14-23 school to provide information regarding the operation of that
14-24 similar program during the preceding five years.
14-25 (c) A school district or open-enrollment charter school may
14-26 not increase enrollment of students in a program authorized by this
15-1 section by more than five percent of the number of students
15-2 enrolled in the similar program operated by the district or school
15-3 during the 2000-2001 school year.
15-4 (d) A student is eligible to participate in a program
15-5 authorized by this section if:
15-6 (1) the student has been ordered by a court under
15-7 Article 45.054, Code of Criminal Procedure, to:
15-8 (A) participate in a preparatory class for the
15-9 high school equivalency examination; or
15-10 (B) take the high school equivalency examination
15-11 administered under Section 7.111; or
15-12 (2) the following conditions are satisfied:
15-13 (A) the student is at least 16 years of age at
15-14 the beginning of the school year or semester;
15-15 (B) the student is a student at risk of dropping
15-16 out of school, as defined by Section 29.081;
15-17 (C) the student and the student's parent or
15-18 guardian agree in writing to the student's participation;
15-19 (D) at least two school years have elapsed since
15-20 the student first enrolled in ninth grade and the student has
15-21 accumulated less than one quarter of the credits required to
15-22 graduate under the minimum graduation requirements of the district
15-23 or school; and
15-24 (E) any other conditions specified by the
15-25 commissioner.
15-26 (e) A school district or open-enrollment charter school
16-1 shall inform each student who has completed a program authorized by
16-2 this section of the time and place at which the student may take
16-3 the high school equivalency examination. Notwithstanding any
16-4 provision of this section, a student may not take the high school
16-5 equivalency examination except as authorized by Section 7.111.
16-6 (f) Except as otherwise provided by this subsection, a
16-7 student participating in a program authorized by this section must
16-8 have taken the exit-level assessment instruments specified by
16-9 Section 39.025(a) before entering the program or must take those
16-10 assessment instruments during the first year in which the student
16-11 is enrolled in the program. The commissioner may authorize a
16-12 student to take the assessment instruments required by Section
16-13 39.023(a) to be administered to students in grade 10 instead of the
16-14 exit-level assessment instruments. A student participating in the
16-15 program may not take the high school equivalency examination unless
16-16 the student has taken the assessment instruments required by this
16-17 subsection.
16-18 (g) A student enrolled in a program authorized by this
16-19 section may not participate in a competition or other activity
16-20 sanctioned or conducted by the University Interscholastic League.
16-21 (h) A student who has received a high school equivalency
16-22 certificate is entitled to enroll in a public school as authorized
16-23 by Section 25.001 and is entitled to the benefits of the Foundation
16-24 School Program under Section 42.003 in the same manner as any other
16-25 student who has not received a high school diploma.
16-26 (i) The agency shall request permission from the General
17-1 Educational Development Testing Service to administer the service's
17-2 high school equivalency examination to students enrolled in high
17-3 school who participate in a program authorized by this section.
17-4 From funds appropriated to the agency that may be used for the
17-5 purpose, the agency may pay a fee imposed by the service for
17-6 granting permission to the agency necessary to allow operation of
17-7 programs authorized by this section.
17-8 (j) For purposes of funding under Chapters 41, 42, and 46, a
17-9 student attending a program authorized by this section may be
17-10 counted in attendance only for the actual number of hours each
17-11 school day the student attends the program, in accordance with
17-12 Sections 25.081 and 25.082.
17-13 (k) The board of trustees of a school district or the
17-14 governing board of an open-enrollment charter school shall:
17-15 (1) hold a public hearing concerning the proposed
17-16 application of the district or school before applying to operate a
17-17 program authorized by this section; and
17-18 (2) subsequently hold a public hearing annually to
17-19 review the performance of the program.
17-20 (l) The commissioner may revoke a school district's or
17-21 open-enrollment charter school's authorization under this section
17-22 after consideration of relevant factors, including performance of
17-23 students participating in the district's or school's program on
17-24 assessment instruments required under Chapter 39, the percentage of
17-25 students participating in the district's or school's program who
17-26 complete the program and perform successfully on the high school
18-1 equivalency examination, and other criteria adopted by the
18-2 commissioner. A decision by the commissioner under this subsection
18-3 is final and may not be appealed.
18-4 (m) Not later than December 1, 2002, the commissioner shall
18-5 report to the legislature regarding the implementation of this
18-6 section and make appropriate recommendations regarding the
18-7 continuation of the commissioner's authority to approve programs
18-8 under this section. The report must include:
18-9 (1) the number of students enrolled in programs
18-10 authorized by this section, disaggregated by ethnicity, age,
18-11 gender, and socioeconomic status;
18-12 (2) the number of students enrolled in programs
18-13 authorized by this section who performed satisfactorily on the high
18-14 school equivalency examination, disaggregated by ethnicity, age,
18-15 gender, and socioeconomic status; and
18-16 (3) to the extent practicable, information regarding
18-17 the attendance of students enrolled in programs authorized by this
18-18 section at institutions of higher education or trade schools or at
18-19 other postsecondary educational programs.
18-20 (n) The commissioner may adopt rules to implement this
18-21 section.
18-22 (o) This section expires September 1, 2003.
18-23 SECTION 8. Article 45.050, Code of Criminal Procedure, is
18-24 amended to read as follows:
18-25 Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES.
18-26 (a) In this article, "child" has the meaning assigned by Article
19-1 45.058(h).
19-2 (b) A justice [court] or municipal court may not order the
19-3 confinement of a [person who is a] child [for the purposes of Title
19-4 3, Family Code,] for:
19-5 (1) the failure to pay all or any part of a fine or
19-6 costs imposed for the conviction of an offense punishable by fine
19-7 only; or
19-8 (2) contempt of another order of a justice or
19-9 municipal court.
19-10 (c) [(b)] If a [person who is a] child [under Section 51.02,
19-11 Family Code,] fails to obey an order of a justice or municipal
19-12 court under circumstances that would constitute contempt of court,
19-13 the justice or municipal court [has jurisdiction to]:
19-14 (1) has jurisdiction to [hold the child in contempt of
19-15 the justice or municipal court order as provided by Section
19-16 52.027(h), Family Code; or]
19-17 [(2)] refer the child to the appropriate juvenile
19-18 court for delinquent conduct for contempt of the justice or
19-19 municipal court order; or
19-20 (2) may retain jurisdiction of the case and:
19-21 (A) hold the child in contempt of the justice or
19-22 municipal court order and impose a fine not to exceed $500; or
19-23 (B) order the Department of Public Safety to
19-24 suspend the child's driver's license or permit or, if the child
19-25 does not have a license or permit, to deny the issuance of a
19-26 license or permit to the child until the child fully complies with
20-1 the orders of the court.
20-2 (d) A court that orders suspension or denial of a driver's
20-3 license or permit under Subsection (c)(2)(B) shall notify the
20-4 Department of Public Safety on receiving proof that the child has
20-5 fully complied with the orders of the court.
20-6 SECTION 9. Subchapter B, Chapter 45, Code of Criminal
20-7 Procedure, is amended by adding Articles 45.054 through 45.059 to
20-8 read as follows:
20-9 Art. 45.054. FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a) On
20-10 a finding by a justice or municipal court that an individual has
20-11 committed an offense under Section 25.094, Education Code, the
20-12 court has jurisdiction to enter an order that includes one or more
20-13 of the following provisions requiring that:
20-14 (1) the individual:
20-15 (A) attend school without unexcused absences;
20-16 (B) attend a preparatory class for the high
20-17 school equivalency examination administered under Section 7.111,
20-18 Education Code, if the court determines that the individual is too
20-19 old to do well in a formal classroom environment; or
20-20 (C) if the individual is at least 16 years of
20-21 age, take the high school equivalency examination administered
20-22 under Section 7.111, Education Code;
20-23 (2) the individual attend a special program that the
20-24 court determines to be in the best interest of the individual,
20-25 including:
20-26 (A) an alcohol and drug abuse program;
21-1 (B) a rehabilitation program;
21-2 (C) a counseling program, including
21-3 self-improvement counseling;
21-4 (D) a program that provides training in
21-5 self-esteem and leadership;
21-6 (E) a work and job skills training program;
21-7 (F) a program that provides training in
21-8 parenting, including parental responsibility;
21-9 (G) a program that provides training in manners;
21-10 (H) a program that provides training in violence
21-11 avoidance;
21-12 (I) a program that provides sensitivity
21-13 training; and
21-14 (J) a program that provides training in advocacy
21-15 and mentoring;
21-16 (3) the individual and the individual's parent attend
21-17 a class for students at risk of dropping out of school designed for
21-18 both the individual and the individual's parent;
21-19 (4) the individual complete reasonable community
21-20 service requirements; or
21-21 (5) for the total number of hours ordered by the
21-22 court, the individual participate in a tutorial program covering
21-23 the academic subjects in which the student is enrolled provided by
21-24 the school the individual attends.
21-25 (b) An order under Subsection (a)(3) that requires the
21-26 parent of an individual to attend a class for students at risk of
22-1 dropping out of school is enforceable in the justice or municipal
22-2 court by contempt.
22-3 (c) A court having jurisdiction under this article shall
22-4 endorse on the summons issued to the parent of the individual who
22-5 is the subject of the hearing an order directing the parent to
22-6 appear personally at the hearing and directing the person having
22-7 custody of the individual to bring the individual to the hearing.
22-8 (d) An individual commits an offense if the individual is a
22-9 parent who fails to attend a hearing under this article after
22-10 receiving notice under Subsection (c) that the individual's
22-11 attendance is required. An offense under this subsection is a
22-12 Class C misdemeanor.
22-13 (e) On the commencement of proceedings under this article,
22-14 the court shall inform the individual who is the subject of the
22-15 hearing and the individual's parent in open court of the
22-16 individual's expunction rights and provide the individual and the
22-17 individual's parent with a written copy of Article 45.055.
22-18 (f) In addition to any other order authorized by this
22-19 article, the court may order the Department of Public Safety to
22-20 suspend the driver's license or permit of the individual who is the
22-21 subject of the hearing or, if the individual does not have a
22-22 license or permit, to deny the issuance of a license or permit to
22-23 the individual for a period specified by the court not to exceed
22-24 365 days.
22-25 (g) A dispositional order under this article is effective
22-26 for the period specified by the court in the order but may not
23-1 extend beyond the 180th day after the date of the order or beyond
23-2 the end of the school year in which the order was entered,
23-3 whichever period is longer.
23-4 (h) In this article, "parent" includes a person standing in
23-5 parental relation.
23-6 Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
23-7 TO ATTEND SCHOOL CASES. (a) An individual convicted of not more
23-8 than one violation of Section 25.094, Education Code, may, on or
23-9 after the individual's 18th birthday, apply to the court in which
23-10 the individual was convicted to have the conviction and records
23-11 relating to the conviction expunged.
23-12 (b) To apply for an expunction, the applicant must submit a
23-13 written request that:
23-14 (1) is made under oath;
23-15 (2) states that the applicant has not been convicted
23-16 of more than one violation of Section 25.094, Education Code; and
23-17 (3) is in the form determined by the applicant.
23-18 (c) The court may expunge the conviction and records
23-19 relating to the conviction without a hearing or, if facts are in
23-20 doubt, may order a hearing on the application. If the court finds
23-21 that the applicant has not been convicted of more than one
23-22 violation of Section 25.094, Education Code, the court shall order
23-23 the conviction, together with all complaints, verdicts, sentences,
23-24 and other documents relating to the offense, including any
23-25 documents in the possession of a school district or law enforcement
23-26 agency, to be expunged from the applicant's record. After entry of
24-1 the order, the applicant is released from all disabilities
24-2 resulting from the conviction, and the conviction may not be shown
24-3 or made known for any purpose. The court shall inform the
24-4 applicant of the court's decision on the application.
24-5 (d) The justice or municipal court may not require an
24-6 individual who files an application under this article to pay any
24-7 fee or court costs for seeking expunction.
24-8 Art. 45.056. AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
24-9 REIMBURSEMENT. (a) On approval of the commissioners court, city
24-10 council, school district board of trustees, juvenile board, or
24-11 other appropriate authority, a justice court, municipal court,
24-12 school district, juvenile probation department, or other
24-13 appropriate governmental entity may:
24-14 (1) employ a case manager to provide services in
24-15 truancy cases; or
24-16 (2) agree in accordance with Chapter 791, Government
24-17 Code, to jointly employ a case manager to provide services in
24-18 truancy cases.
24-19 (b) A local entity may apply or more than one local entity
24-20 may jointly apply to the criminal justice division of the
24-21 governor's office for reimbursement of all or part of the costs of
24-22 employing one or more truancy case managers from funds appropriated
24-23 to the governor's office or otherwise available for that purpose.
24-24 To be eligible for reimbursement, the entity applying must present
24-25 to the governor's office a comprehensive plan to reduce truancy in
24-26 the entity's jurisdiction that addresses the role of the case
25-1 manager in that effort.
25-2 Art. 45.057. OFFENSES COMMITTED BY JUVENILES. (a) In this
25-3 article, "child" has the meaning assigned by Article 45.058(h).
25-4 (b) On a finding by a justice or municipal court that a
25-5 child committed an offense that the court has jurisdiction of under
25-6 Article 4.11 or 4.14, other than a traffic offense, the court has
25-7 jurisdiction to enter an order:
25-8 (1) referring the child or the child's parent,
25-9 managing conservator, or guardian for services under Section
25-10 264.302, Family Code;
25-11 (2) requiring that the child attend a special program
25-12 that the court determines to be in the best interest of the child
25-13 and, if the program involves the expenditure of county funds, that
25-14 is approved by the county commissioners court, including a
25-15 rehabilitation, counseling, self-esteem and leadership, work and
25-16 job skills training, job interviewing and work preparation,
25-17 self-improvement, parenting, manners, violence avoidance, tutoring,
25-18 sensitivity training, parental responsibility, community service,
25-19 restitution, advocacy, or mentoring program; or
25-20 (3) if the court finds the parent, managing
25-21 conservator, or guardian, by act or omission, contributed to,
25-22 caused, or encouraged the child's conduct, requiring that the
25-23 child's parent, managing conservator, or guardian do any act or
25-24 refrain from doing any act that the court determines will increase
25-25 the likelihood that the child will comply with the orders of the
25-26 court and that is reasonable and necessary for the welfare of the
26-1 child, including:
26-2 (A) attend a parenting class or parental
26-3 responsibility program; and
26-4 (B) attend the child's school classes or
26-5 functions.
26-6 (c) The justice or municipal court may order the parent,
26-7 managing conservator, or guardian of a child required to attend a
26-8 program under Subsection (b) to pay an amount not greater than $100
26-9 to pay for the costs of the program.
26-10 (d) A justice or municipal court may require a child,
26-11 parent, managing conservator, or guardian required to attend a
26-12 program, class, or function under this article to submit proof of
26-13 attendance to the court.
26-14 (e) A justice or municipal court shall endorse on the
26-15 summons issued to a parent, managing conservator, or guardian an
26-16 order to appear personally at the hearing with the child. The
26-17 summons must include a warning that the failure of the parent,
26-18 managing conservator, or guardian to appear may be punishable as a
26-19 Class C misdemeanor.
26-20 (f) An order under this article involving a child is
26-21 enforceable under Article 45.050.
26-22 (g) A person commits an offense if the person is a parent,
26-23 managing conservator, or guardian who fails to attend a hearing
26-24 under this article after receiving an order under Subsection (e).
26-25 An offense under this subsection is a Class C misdemeanor.
26-26 (h) Any other order under this article is enforceable by the
27-1 justice or municipal court by contempt.
27-2 Art. 45.058. CHILDREN TAKEN INTO CUSTODY. (a) A child may
27-3 be released to the child's parent, guardian, custodian, or other
27-4 responsible adult as provided by Section 52.02(a)(1), Family Code,
27-5 if the child is taken into custody for an offense that a justice or
27-6 municipal court has jurisdiction of under Article 4.11 or 4.14,
27-7 other than public intoxication.
27-8 (b) A child described by Subsection (a) must be taken only
27-9 to a place previously designated by the head of the law enforcement
27-10 agency with custody of the child as an appropriate place of
27-11 nonsecure custody for children unless the child:
27-12 (1) is released under Section 52.02(a)(1), Family
27-13 Code; or
27-14 (2) is taken before a justice or municipal court.
27-15 (c) A place of nonsecure custody for children must be an
27-16 unlocked, multipurpose area. A lobby, office, or interrogation
27-17 room is suitable if the area is not designated, set aside, or used
27-18 as a secure detention area and is not part of a secure detention
27-19 area. A place of nonsecure custody may be a juvenile processing
27-20 office designated under Section 52.025, Family Code, if the area is
27-21 not locked when it is used as a place of nonsecure custody.
27-22 (d) The following procedures shall be followed in a place of
27-23 nonsecure custody for children:
27-24 (1) a child may not be secured physically to a cuffing
27-25 rail, chair, desk, or other stationary object;
27-26 (2) the child may be held in the nonsecure facility
28-1 only long enough to accomplish the purpose of identification,
28-2 investigation, processing, release to parents, or the arranging of
28-3 transportation to the appropriate juvenile court, juvenile
28-4 detention facility, secure detention facility, justice court, or
28-5 municipal court;
28-6 (3) residential use of the area is prohibited; and
28-7 (4) the child shall be under continuous visual
28-8 supervision by a law enforcement officer or facility staff person
28-9 during the time the child is in nonsecure custody.
28-10 (e) Notwithstanding any other provision of this article, a
28-11 child may not, under any circumstances, be detained in a place of
28-12 nonsecure custody for more than six hours.
28-13 (f) A child taken into custody for an offense that a justice
28-14 or municipal court has jurisdiction of under Article 4.11 or 4.14,
28-15 other than public intoxication, may be presented or detained in a
28-16 detention facility designated by the juvenile court under Section
28-17 52.02(a)(3), Family Code, only if:
28-18 (1) the child's non-traffic case is transferred to the
28-19 juvenile court by a justice or municipal court under Section
28-20 51.08(b), Family Code; or
28-21 (2) the child is referred to the juvenile court by a
28-22 justice or municipal court for contempt of court under Article
28-23 45.050.
28-24 (g) A law enforcement officer may issue a field release
28-25 citation as provided by Article 14.06 in place of taking a child
28-26 into custody for a traffic offense or an offense, other than public
29-1 intoxication, punishable by fine only.
29-2 (h) In this article, "child" means a person who is:
29-3 (1) at least 10 years of age and younger than 17 years
29-4 of age; and
29-5 (2) charged with or convicted of an offense that a
29-6 justice or municipal court has jurisdiction of under Article 4.11
29-7 or 4.14.
29-8 Art. 45.059. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
29-9 JUVENILE CURFEW OR ORDER. (a) A peace officer taking into custody
29-10 a person younger than 17 years of age for violation of a juvenile
29-11 curfew ordinance of a municipality or order of the commissioners
29-12 court of a county shall, without unnecessary delay:
29-13 (1) release the person to the person's parent,
29-14 guardian, or custodian;
29-15 (2) take the person before a justice or municipal
29-16 court to answer the charge; or
29-17 (3) take the person to a place designated as a
29-18 juvenile curfew processing office by the head of the law
29-19 enforcement agency having custody of the person.
29-20 (b) A juvenile curfew processing office must observe the
29-21 following procedures:
29-22 (1) the office must be an unlocked, multipurpose area
29-23 that is not designated, set aside, or used as a secure detention
29-24 area or part of a secure detention area;
29-25 (2) the person may not be secured physically to a
29-26 cuffing rail, chair, desk, or stationary object;
30-1 (3) the person may not be held longer than necessary
30-2 to accomplish the purposes of identification, investigation,
30-3 processing, release to a parent, guardian, or custodian, or
30-4 arrangement of transportation to school or court;
30-5 (4) a juvenile curfew processing office may not be
30-6 designated or intended for residential purposes;
30-7 (5) the person must be under continuous visual
30-8 supervision by a peace officer or other person during the time the
30-9 person is in the juvenile curfew processing office; and
30-10 (6) a person may not be held in a juvenile curfew
30-11 processing office for more than six hours.
30-12 (c) A place designated under this article as a juvenile
30-13 curfew processing office is not subject to the approval of the
30-14 juvenile board having jurisdiction where the governmental entity is
30-15 located.
30-16 SECTION 10. Subsection (d), Article 102.014, Code of
30-17 Criminal Procedure, is amended to read as follows:
30-18 (d) A person convicted of an offense under Section 25.093 or
30-19 25.094, Education Code, [or a child convicted of an offense under
30-20 Section 25.094, Education Code,] shall pay as taxable court costs
30-21 $20 in addition to other taxable court costs. The additional court
30-22 costs under this subsection shall be collected in the same manner
30-23 that other fines and taxable court costs in the case are collected.
30-24 SECTION 11. Section 51.03, Family Code, is amended by
30-25 amending Subsections (b), (d), (e), and (f) and adding Subsection
30-26 (g) to read as follows:
31-1 (b) Conduct indicating a need for supervision is:
31-2 (1) subject to Subsection (f) [of this section],
31-3 conduct, other than a traffic offense, that violates:
31-4 (A) the penal laws of this state of the grade of
31-5 misdemeanor that are punishable by fine only; or
31-6 (B) the penal ordinances of any political
31-7 subdivision of this state;
31-8 (2) the [unexcused voluntary] absence of a child on 10
31-9 or more days or parts of days within a six-month period in the same
31-10 school year or on three or more days or parts of days within a
31-11 four-week period from school [without the consent of his parents];
31-12 (3) the voluntary absence of a child from the child's
31-13 [his] home without the consent of the child's [his] parent or
31-14 guardian for a substantial length of time or without intent to
31-15 return;
31-16 (4) conduct prohibited by city ordinance or by state
31-17 law involving the inhalation of the fumes or vapors of paint and
31-18 other protective coatings or glue and other adhesives and the
31-19 volatile chemicals itemized in Section 484.002, Health and Safety
31-20 Code;
31-21 (5) an act that violates a school district's
31-22 previously communicated written standards of student conduct for
31-23 which the child has been expelled under Section 37.007(c),
31-24 Education Code; or
31-25 (6) conduct that violates a reasonable and lawful
31-26 order of a court entered under Section 264.305.
32-1 (d) It is an affirmative defense to an allegation of conduct
32-2 under Subsection (b)(2) that one or more of the absences required
32-3 to be proven under that subsection have been excused by a school
32-4 official or should be excused by the court or that one of the
32-5 absences was involuntary. The burden is on the respondent to show
32-6 by a preponderance of the evidence that the absence has been or
32-7 should be excused or that the absence was involuntary. A decision
32-8 by the court to excuse an absence for purposes of this subsection
32-9 does not affect the ability of the school district to determine
32-10 whether to excuse the absence for another purpose. [For the
32-11 purpose of Subsection (b)(2) of this section an absence is excused
32-12 when the absence results from:]
32-13 [(1) illness of the child;]
32-14 [(2) illness or death in the family of the child;]
32-15 [(3) quarantine of the child and family;]
32-16 [(4) weather or road conditions making travel
32-17 dangerous;]
32-18 [(5) an absence approved by a teacher, principal, or
32-19 superintendent of the school in which the child is enrolled; or]
32-20 [(6) circumstances found reasonable and proper.]
32-21 (e) For the purposes of [Subdivisions (2) and (3) of]
32-22 Subsection (b)(3) [(b) of this section], "child" does not include a
32-23 person who is married, divorced, or widowed.
32-24 (f) Except as provided by Subsection (g), conduct [Conduct]
32-25 described under Subsection (b)(1) [of this section], other than
32-26 conduct that violates Section 49.02, Penal Code, prohibiting public
33-1 intoxication, does not constitute conduct indicating a need for
33-2 supervision unless the child has been referred to the juvenile
33-3 court under Section 51.08(b) [of this code].
33-4 (g) In a county with a population of less than 100,000,
33-5 conduct described by Subsection (b)(1)(A) that violates Section
33-6 25.094, Education Code, is conduct indicating a need for
33-7 supervision.
33-8 SECTION 12. Section 51.04, Family Code, is amended by
33-9 amending Subsection (a) and adding Subsection (h) to read as
33-10 follows:
33-11 (a) This title covers the proceedings in all cases involving
33-12 the delinquent conduct or conduct indicating a need for supervision
33-13 engaged in by a person who was a child within the meaning of this
33-14 title at the time the person [he] engaged in the conduct, and,
33-15 except as provided by Subsection (h), the juvenile court has
33-16 exclusive original jurisdiction over proceedings under this title.
33-17 (h) In a county with a population of less than 100,000, the
33-18 juvenile court has concurrent jurisdiction with the justice and
33-19 municipal courts over conduct engaged in by a child that violates
33-20 Section 25.094, Education Code.
33-21 SECTION 13. Subsection (a), Section 51.12, Family Code, is
33-22 amended to read as follows:
33-23 (a) Except as provided by Subsection (h), a child may be
33-24 detained only in a:
33-25 (1) juvenile processing office in compliance with
33-26 Section 52.025;
34-1 (2) place of nonsecure custody in compliance with
34-2 Article 45.058, Code of Criminal Procedure [Section 52.027];
34-3 (3) certified juvenile detention facility that
34-4 complies with the requirements of Subsection (f);
34-5 (4) secure detention facility as provided by
34-6 Subsection (j); or
34-7 (5) county jail or other facility as provided by
34-8 Subsection (l).
34-9 SECTION 14. Subsection (b), Section 54.021, Family Code, is
34-10 amended to read as follows:
34-11 (b) A justice or municipal court may exercise jurisdiction
34-12 over a person alleged to have engaged in conduct indicating a need
34-13 for supervision by engaging in conduct described in Section
34-14 51.03(b)(2) in a case where:
34-15 (1) the juvenile court has waived its original
34-16 jurisdiction under this section; and
34-17 (2) a complaint is filed by the appropriate authority
34-18 in the justice or municipal court charging an offense under Section
34-19 25.094, Education Code.
34-20 (c) A proceeding in a justice or municipal court on a
34-21 complaint charging an offense under Section 25.094, Education Code,
34-22 is governed by Chapter 45, Code of Criminal Procedure. [A justice
34-23 or municipal court may exercise jurisdiction under this section
34-24 without regard to whether the justice of the peace or municipal
34-25 judge for the court is a licensed attorney or the hearing for a
34-26 case is before a jury consisting of six persons.]
35-1 SECTION 15. Subsection (f), Section 54.041, Family Code, is
35-2 amended to read as follows:
35-3 (f) If a child is found to have engaged in conduct
35-4 indicating a need for supervision described under Section
35-5 51.03(b)(2) or (g) [of this code], the court may order the child's
35-6 parents or guardians to attend a program [class] described by
35-7 Section 25.093(f) [25.093(h)], Education Code, if a program is
35-8 available [the school district in which the child's parents or
35-9 guardians reside offers a class under that section].
35-10 SECTION 16. Subsection (e), Section 264.302, Family Code, is
35-11 amended to read as follows:
35-12 (e) The department shall provide services for a child and
35-13 the child's family if a contract to provide services under this
35-14 section is available in the county and the child is referred to the
35-15 department as an at-risk child by:
35-16 (1) a court under Section 264.304;
35-17 (2) a juvenile court or probation department as part
35-18 of a progressive sanctions program under Chapter 59;
35-19 (3) a law enforcement officer or agency under Section
35-20 52.03; or
35-21 (4) a justice or municipal court under Article 45.057,
35-22 Code of Criminal Procedure [Section 54.022].
35-23 SECTION 17. Subsection (a), Section 7.111, Education Code,
35-24 as amended by Chapters 76 and 1282, Acts of the 76th Legislature,
35-25 Regular Session, 1999, is amended to read as follows:
35-26 (a) The board shall provide for the administration of high
36-1 school equivalency examinations. A person who does not have a high
36-2 school diploma may take the examination in accordance with rules
36-3 adopted by the board if the person is:
36-4 (1) over 17 years of age; [or]
36-5 (2) 16 years of age or older and:
36-6 (A) is enrolled in a Job Corps training program
36-7 under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
36-8 et seq.) [Job Training Partnership Act (29 U.S.C. Section 1501 et
36-9 seq.)], and its subsequent amendments; or
36-10 (B) a public agency providing supervision of the
36-11 person or having custody of the person under a court order
36-12 recommends that the person take the examination; or
36-13 (3) required to take the examination under a justice
36-14 or municipal court order issued under Article 45.054(a)(1)(C), Code
36-15 of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
36-16 SECTION 18. Subsection (b), Section 351.903, Local
36-17 Government Code, is amended to read as follows:
36-18 (b) This authority includes the authority to:
36-19 (1) establish the hours of the curfew, including
36-20 different hours for different days of the week;
36-21 (2) apply different curfew hours to different age
36-22 groups of juveniles;
36-23 (3) describe the kinds of conduct subject to the
36-24 curfew;
36-25 (4) determine the locations to which the curfew
36-26 applies;
37-1 (5) determine which persons incur liability if a
37-2 violation of the curfew occurs;
37-3 (6) prescribe procedures, in compliance with Article
37-4 45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
37-5 police officer must follow in enforcing the curfew; and
37-6 (7) establish exemptions to the curfew, including but
37-7 not limited to exemptions for times when there are no classes being
37-8 conducted, for holidays, and for persons going to or from work.
37-9 SECTION 19. (a) Section 25.096, Education Code, is
37-10 repealed.
37-11 (b) Sections 52.027 and 52.028, Subsections (c) through (h),
37-12 Section 54.021, and Section 54.022, Family Code, are repealed.
37-13 SECTION 20. The change in law made by this Act applies only
37-14 to a defendant charged with an offense committed or, for the
37-15 purposes of Title 3, Family Code, a child alleged to have engaged
37-16 in conduct that occurs on or after the effective date of this Act.
37-17 An offense committed or conduct that occurs before the effective
37-18 date of this Act is covered by the law in effect when the offense
37-19 was committed or the conduct occurred, and the former law is
37-20 continued in effect for that purpose. For purposes of this
37-21 section, an offense was committed before the effective date of this
37-22 Act if every element of the offense occurred before that date, and
37-23 conduct violating a penal law of this state occurred before the
37-24 effective date of this Act if every element of the violation
37-25 occurred before that date.
37-26 SECTION 21. For purposes of Sections 25.093 and 25.094,
38-1 Education Code, and Section 51.03, Family Code, as amended by this
38-2 Act, and Section 25.0951, Education Code, as added by this Act, an
38-3 absence that occurs during the 2001-2002 school year is included in
38-4 determining the number of a student's absences, regardless of
38-5 whether the absence occurred before the effective date of this Act.
38-6 SECTION 22. Section 29.087, Education Code, as added by this
38-7 Act, applies to each student enrolled in a high school equivalency
38-8 examination program operated by a school district or an
38-9 open-enrollment charter school on or after the effective date of
38-10 this Act.
38-11 SECTION 23. (a) Except as provided by Subsection (b) of
38-12 this section, this Act takes effect September 1, 2001.
38-13 (b) Section 29.087, Education Code, as added by Section 7 of
38-14 this Act, takes effect January 1, 2002.
S.B. No. 1432
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1432 passed the Senate on
May 1, 2001, by a viva-voce vote; May 21, 2001, Senate refused to
concur in House amendments and requested appointment of Conference
Committee; May 22, 2001, House granted request of the Senate;
May 27, 2001, Senate adopted Conference Committee Report by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1432 passed the House, with
amendments, on May 11, 2001, by a non-record vote; May 22, 2001,
House granted request of the Senate for appointment of Conference
Committee; May 27, 2001, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor