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