77R13874 KKA-F
By West, et al. S.B. No. 1432
Substitute the following for S.B. No. 1432:
By Goodman C.S.S.B. No. 1432
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to truancy and the authority of justice, municipal, and
1-3 certain juvenile courts in relation to children; providing criminal
1-4 penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 25.002(f), Education Code, is amended to
1-7 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 read
1-15 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:
2-1 (A) referring a student to a juvenile court or
2-2 filing a complaint against a student in a justice or municipal
2-3 court if the student has unexcused absences for the amount of time
2-4 specified under Section 25.094 or under Section 51.03(b)(2), Family
2-5 Code; and
2-6 (B) filing a complaint in a justice or municipal
2-7 court against a parent who violates Section 25.093;
2-8 (3) to serve court-ordered legal process;
2-9 (4) to review school attendance records for compliance
2-10 by each student investigated by the officer;
2-11 (5) to maintain an investigative record on each
2-12 compulsory school attendance requirement violation and related
2-13 court action and, at the request of a court, the board of trustees
2-14 of a school district, or the commissioner, to provide a record to
2-15 the individual or entity requesting the record;
2-16 (6) to make a home visit or otherwise contact the
2-17 parent of a student who is in violation of compulsory school
2-18 attendance requirements, except that a peace officer may not enter
2-19 a residence without the permission of the parent of a student
2-20 required under this subchapter to attend school or of the tenant or
2-21 owner of the residence except to lawfully serve court-ordered legal
2-22 process on the parent; and
2-23 (7) to take a student into custody with the permission
2-24 of the student's parent or in obedience to a court-ordered legal
2-25 process.
2-26 (b) An attendance officer employed by a school district who
2-27 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;
3-27 (6) at the request of a parent, to escort a student
4-1 from any location to a school campus to ensure the student's
4-2 compliance with compulsory school attendance requirements; and
4-3 (7) if the attendance officer has or is informed of a
4-4 court-ordered legal process directing that a student be taken into
4-5 custody and the school district employing the officer does not
4-6 employ its own police department, to contact the sheriff,
4-7 constable, or any peace officer to request that the student be
4-8 taken into custody and processed according to the legal process.
4-9 (c) In this section:
4-10 (1) "Parent" includes a person standing in parental
4-11 relation.
4-12 (2) "Peace officer" has the meaning assigned by
4-13 Article 2.12, Code of Criminal Procedure. [A school attendance
4-14 officer has the following powers and duties:]
4-15 [(1) to investigate each case of unexcused absence
4-16 from school;]
4-17 [(2) to administer oaths and to serve legal process;]
4-18 [(3) to enforce the compulsory school attendance law;]
4-19 [(4) to keep a record of each case of any kind
4-20 investigated by the officer in the discharge of the officer's
4-21 duties;]
4-22 [(5) to make any report required by the commissioner
4-23 concerning the discharge of the officer's duties; and]
4-24 [(6) to refer to a juvenile court or to a justice
4-25 court if the juvenile court has waived jurisdiction as provided by
4-26 Section 54.021(a), Family Code, any student who has unexcused
4-27 voluntary absences for the amount of time specified under Section
5-1 51.03(b)(2), Family Code, or to file a complaint against any person
5-2 standing in parental relation who violates Section 25.093 or to
5-3 file a complaint against a student who violates Section 25.094.]
5-4 [(b) A school attendance officer may not enter a private
5-5 residence or any part of a private residence without the permission
5-6 of the owner or tenant except to serve lawful process on a parent,
5-7 guardian, or other person standing in parental relation to a child
5-8 to whom the compulsory school attendance law applies.]
5-9 [(c) A school attendance officer may not forcibly take
5-10 corporal custody of any child anywhere without permission of the
5-11 parent, guardian, or other person standing in parental relation to
5-12 the child except in obedience to a valid process issued by a court
5-13 of competent jurisdiction.]
5-14 SECTION 3. Section 25.093, Education Code, is amended to read
5-15 as follows:
5-16 Sec. 25.093. PARENT CONTRIBUTING TO TRUANCY [THWARTING
5-17 COMPULSORY ATTENDANCE LAW]. (a) [If any parent of a child required
5-18 to attend school fails to require the child to attend school as
5-19 required by law, the school attendance officer shall warn the
5-20 parent in writing that attendance is immediately required.]
5-21 [(b)] If[, after] a warning is issued as required by Section
5-22 25.095(a) [under Subsection (a)], the parent with criminal
5-23 negligence fails to require the child to attend school as required
5-24 by law, and the child has [unexcused voluntary] absences for the
5-25 amount of time specified under Section 25.094 [51.03(b)(2), Family
5-26 Code], the parent commits an offense.
5-27 (b) [(c)] The attendance officer or other appropriate school
6-1 official shall file a complaint against the parent [in the county
6-2 court,] in a justice court of any precinct in the county in which
6-3 the parent resides or in which the school is located[,] or in a
6-4 municipal court of the municipality in which the parent resides or
6-5 in which the school is located.
6-6 (c) [The attendance officer shall file a complaint under
6-7 this section in the court to which the parent's child has been
6-8 referred for engaging in conduct described in Section 51.03(b)(2),
6-9 Family Code, if a referral has been made for the child. If a
6-10 referral has not been made, the attendance officer shall refer the
6-11 child to the county juvenile probation department for action as
6-12 engaging in conduct indicating a need for supervision under that
6-13 section.]
6-14 [(d) A court in which a complaint is filed under this
6-15 section shall give preference to a hearing on the complaint over
6-16 other cases before the court.]
6-17 [(e)] An offense under Subsection (a) [this section] is a
6-18 Class C misdemeanor. Each day the child remains out of school
6-19 after [the warning has been given or] the child has been ordered to
6-20 attend school by a [the juvenile] court may constitute a separate
6-21 offense. Two or more offenses under Subsection (a) [this section]
6-22 may be consolidated and prosecuted in a single action. If the
6-23 court orders deferred disposition under Article 45.051, Code of
6-24 Criminal Procedure [probates the sentence], the court may require
6-25 the defendant to provide [render] personal services to a charitable
6-26 or educational institution as a condition of the deferral
6-27 [probation].
7-1 (d) [(f)] A fine collected under this section shall be
7-2 deposited as follows:
7-3 (1) one-half shall be deposited to the credit of the
7-4 operating fund of the school district in which the child attends
7-5 school or of the juvenile justice alternative education program
7-6 that the child has been ordered to attend, as applicable; and
7-7 (2) one-half shall be deposited to the credit of:
7-8 (A) the general fund of the county, if the
7-9 complaint is filed in the [county court or] justice court; or
7-10 (B) the general fund of the municipality, if the
7-11 complaint is filed in municipal court.
7-12 (e) [(g)] At the trial of any person charged with violating
7-13 Subsection (a) [this section], the attendance records of the child
7-14 may be presented in court by any authorized employee of the school
7-15 district.
7-16 (f) [(h)] The court in which a conviction, deferred
7-17 adjudication, or deferred disposition for an offense under
7-18 Subsection (a) [this section] occurs may order the defendant to
7-19 attend a program [class] for parents of students with unexcused
7-20 absences that provides instruction designed to assist those parents
7-21 in identifying problems that contribute to the students' unexcused
7-22 absences and in developing strategies for resolving those problems
7-23 if a program is available [the school district in which the person
7-24 resides offers such a class].
7-25 (g) If a parent refuses to obey a court order entered under
7-26 this section, the court may punish the parent for contempt of court
7-27 under Section 21.002, Government Code.
8-1 (h) It is an affirmative defense to prosecution for an
8-2 offense under Subsection (a) that one or more of the absences
8-3 required to be proven under Subsection (a) was excused by a school
8-4 official or should be excused by the court. The burden is on the
8-5 defendant to show by a preponderance of the evidence that the
8-6 absence has been or should be excused. A decision by the court to
8-7 excuse an absence for purposes of this section does not affect the
8-8 ability of the school district to determine whether to excuse the
8-9 absence for another purpose.
8-10 (i) In this section, "parent" includes a person standing in
8-11 parental relation.
8-12 SECTION 4. Section 25.094, Education Code, is amended to read
8-13 as follows:
8-14 Sec. 25.094. FAILURE TO ATTEND SCHOOL. (a) An individual [A
8-15 child] commits an offense if the individual [child]:
8-16 (1) is required to attend school under Section 25.085;
8-17 and
8-18 (2) fails to attend school on 10 or more days or parts
8-19 of days within a six-month period in the same school year or on
8-20 three or more days or parts of days within a four-week period [for
8-21 the amount of time specified under Section 51.03(b)(2), Family
8-22 Code, and is not excused under Section 25.087].
8-23 (b) An offense under this section may be prosecuted in a
8-24 justice court of any precinct in the county in which the individual
8-25 [child] resides or in which the school is located or in a municipal
8-26 court in the municipality in which the individual [child] resides
8-27 or in which the school is located.
9-1 (c) On a finding by the justice or municipal court that the
9-2 individual [child] has committed an offense under Subsection (a) or
9-3 on a finding by a juvenile court in a county with a population of
9-4 less than 100,000 that the individual has engaged in conduct that
9-5 violates Subsection (a), the court may enter an order that includes
9-6 one or more of the requirements listed in Article 45.054, Code of
9-7 Criminal Procedure [Section 54.021(d), Family Code].
9-8 (d) [If the justice or municipal court finds that a child
9-9 has violated an order issued under Subsection (c), the court shall
9-10 transfer the complaint against the child, together with all
9-11 pleadings and orders, to a juvenile court for the county in which
9-12 the child resides. The juvenile court shall conduct an
9-13 adjudication hearing as provided by Section 54.03, Family Code. The
9-14 adjudication hearing shall be de novo.]
9-15 [(e)] Pursuant to an order of the justice or municipal court
9-16 based on an affidavit showing probable cause to believe that an
9-17 individual has committed an offense under this section, a peace
9-18 officer may take the individual [a child] into custody [if there
9-19 are reasonable grounds to believe that the child has committed an
9-20 offense under this section]. A peace officer taking an individual
9-21 [a child] into custody under this subsection shall:
9-22 (1) promptly notify the individual's [child's] parent,
9-23 guardian, or custodian of the officer's action and the reason for
9-24 that action; and
9-25 (2) without unnecessary delay:
9-26 (A) release the individual [child] to the
9-27 individual's [child's] parent, guardian, or custodian or to another
10-1 responsible adult, if the person promises to bring the individual
10-2 [child] to the justice or municipal court as requested by the
10-3 court; or
10-4 (B) bring the individual [child] to a justice or
10-5 municipal court with venue over the offense [the justice of the
10-6 peace of the court having jurisdiction over the child].
10-7 (e) [(f)] An offense under this section is a Class C
10-8 misdemeanor.
10-9 (f) It is an affirmative defense to prosecution under this
10-10 section that one or more of the absences required to be proven
10-11 under Subsection (a) was excused by a school official or should be
10-12 excused by the court. The burden is on the defendant to show by a
10-13 preponderance of the evidence that the absence has been or should
10-14 be excused. A decision by the court to excuse an absence for
10-15 purposes of this section does not affect the ability of the school
10-16 district to determine whether to excuse the absence for another
10-17 purpose.
10-18 (g) It is an affirmative defense to prosecution under this
10-19 section that one or more of the absences required to be proven
10-20 under Subsection (a) was involuntary. The burden is on the
10-21 defendant to show by a preponderance of the evidence that the
10-22 absence was involuntary.
10-23 [(g) Any person convicted of not more than one violation
10-24 under this section while a minor, on attaining the age of 18 years,
10-25 may apply to the court in which the person was convicted to have
10-26 the conviction expunged.]
10-27 [(h) The application must contain the applicant's sworn
11-1 statement that the person was not convicted of any violation of
11-2 this section while a minor other than the one the person seeks to
11-3 have expunged.]
11-4 [(i) If the court finds that the applicant was not convicted
11-5 of any other violation of this section while the person was a
11-6 minor, the court shall order the conviction, together with all
11-7 complaints, verdicts, sentences, and other documents relating to
11-8 the offense, to be expunged from the applicant's record. After
11-9 entry of the order, the applicant shall be released from all
11-10 disabilities resulting from the conviction, and the conviction may
11-11 not be shown or made known for any purpose.]
11-12 SECTION 5. Section 25.095, Education Code, is amended to read
11-13 as follows:
11-14 Sec. 25.095. WARNING NOTICES [NOTICE]. (a) A school
11-15 district shall notify a student's parent in writing at the
11-16 beginning of the school year [if, in a six-month period, the
11-17 student has been absent without an excuse five times for any part
11-18 of the day. The notice must state] that if the student is absent
11-19 from school on [without an excuse for] 10 or more days or parts of
11-20 days within [in] a six-month period in the same school year or on
11-21 three or more days or parts of days within a four-week period:
11-22 (1) the student's parent is subject to prosecution
11-23 under Section 25.093; and
11-24 (2) the student is subject to prosecution under
11-25 Section 25.094 or to referral to a juvenile court in a county with
11-26 a population of less than 100,000 for conduct that violates that
11-27 section.
12-1 (b) A school district shall notify a student's parent if the
12-2 student has been absent from school on three days or parts of days
12-3 within a four-week period. The notice must:
12-4 (1) inform the parent that:
12-5 (A) it is the parent's duty to monitor the
12-6 student's school attendance and require the student to attend
12-7 school; and
12-8 (B) the parent is subject to prosecution under
12-9 Section 25.093; and
12-10 (2) request a conference between school officials and
12-11 the parent to discuss the absences. [Notice is not required under
12-12 this section if the student is a party to a juvenile court
12-13 proceeding for conduct described by Section 51.03(b)(2), Family
12-14 Code.]
12-15 (c) The fact that a parent did not receive a notice under
12-16 Subsection (a) or (b) [this section] does not create a defense to
12-17 prosecution under Section 25.093 or 25.094.
12-18 (d) In this section, "parent" includes a person standing in
12-19 parental relation.
12-20 SECTION 6. Subchapter C, Chapter 25, Education Code, is
12-21 amended by adding Sections 25.0951 and 25.0952 to read as follows:
12-22 Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
12-23 FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
12-24 without excuse on 10 or more days or parts of days within a
12-25 six-month period in the same school year, a school district shall:
12-26 (1) file a complaint against the student or the
12-27 student's parent or both in a justice or municipal court for an
13-1 offense under Section 25.093 or 25.094, as appropriate, or refer
13-2 the student to a juvenile court in a county with a population of
13-3 less than 100,000 for conduct that violates Section 25.094; or
13-4 (2) refer the student to a juvenile court for conduct
13-5 indicating a need for supervision under Section 51.03(b)(2), Family
13-6 Code.
13-7 (b) If a student fails to attend school without excuse on
13-8 three or more days or parts of days within a four-week period but
13-9 does not fail to attend school for the time described by Subsection
13-10 (a), the school district may:
13-11 (1) file a complaint against the student or the
13-12 student's parent or both in a justice or municipal court for an
13-13 offense under Section 25.093 or 25.094, as appropriate, or refer
13-14 the student to a juvenile court in a county with a population of
13-15 less than 100,000 for conduct that violates Section 25.094; or
13-16 (2) refer the student to a juvenile court for conduct
13-17 indicating a need for supervision under Section 51.03(b)(2), Family
13-18 Code.
13-19 (c) In this section, "parent" includes a person standing in
13-20 parental relation.
13-21 Sec. 25.0952. PROCEDURES APPLICABLE TO TRUANCY-RELATED
13-22 OFFENSES. In a proceeding in a justice or municipal court based on
13-23 a complaint under Section 25.093 or 25.094, the court shall, except
13-24 as otherwise provided by this chapter, use the procedures and
13-25 exercise the powers authorized by Chapter 45, Code of Criminal
13-26 Procedure.
13-27 SECTION 7. Article 45.050, Code of Criminal Procedure, is
14-1 amended to read as follows:
14-2 Art. 45.050. FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
14-3 In this article, "child" has the meaning assigned by Article
14-4 45.058(h).
14-5 (b) A justice [court] or municipal court may not order the
14-6 confinement of a [person who is a] child [for the purposes of Title
14-7 3, Family Code,] for:
14-8 (1) the failure to pay all or any part of a fine or
14-9 costs imposed for the conviction of an offense punishable by fine
14-10 only; or
14-11 (2) contempt of another order of a justice or
14-12 municipal court.
14-13 (c) [(b)] If a [person who is a] child [under Section 51.02,
14-14 Family Code,] fails to obey an order of a justice or municipal
14-15 court under circumstances that would constitute contempt of court,
14-16 the justice or municipal court [has jurisdiction to]:
14-17 (1) has jurisdiction to [hold the child in contempt of
14-18 the justice or municipal court order as provided by Section
14-19 52.027(h), Family Code; or]
14-20 [(2)] refer the child to the appropriate juvenile
14-21 court for delinquent conduct for contempt of the justice or
14-22 municipal court order; or
14-23 (2) may retain jurisdiction of the case and:
14-24 (A) hold the child in contempt of the justice or
14-25 municipal court order and impose a fine not to exceed $500; or
14-26 (B) order the Department of Public Safety to
14-27 suspend the child's driver's license or permit or, if the child
15-1 does not have a license or permit, to deny the issuance of a
15-2 license or permit to the child until the child fully complies with
15-3 the orders of the court.
15-4 (d) A court that orders suspension or denial of a driver's
15-5 license or permit under Subsection (c)(2)(B) shall notify the
15-6 Department of Public Safety on receiving proof that the child has
15-7 fully complied with the orders of the court.
15-8 SECTION 8. Subchapter B, Chapter 45, Code of Criminal
15-9 Procedure, is amended by adding Articles 45.054-45.059 to read as
15-10 follows:
15-11 Art. 45.054. FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a) On a
15-12 finding by a justice or municipal court that an individual has
15-13 committed an offense under Section 25.094, Education Code, the
15-14 court has jurisdiction to enter an order that includes one or more
15-15 of the following provisions requiring that:
15-16 (1) the individual:
15-17 (A) attend school without unexcused absences;
15-18 (B) attend a preparatory class for the high
15-19 school equivalency examination administered under Section 7.111,
15-20 Education Code, if the court determines that the individual is too
15-21 old to do well in a formal classroom environment; or
15-22 (C) if the individual is at least 16 years of
15-23 age, take the high school equivalency examination administered
15-24 under Section 7.111, Education Code;
15-25 (2) the individual attend a special program that the
15-26 court determines to be in the best interest of the individual,
15-27 including:
16-1 (A) an alcohol and drug abuse program;
16-2 (B) a rehabilitation program;
16-3 (C) a counseling program, including
16-4 self-improvement counseling;
16-5 (D) a program that provides training in
16-6 self-esteem and leadership;
16-7 (E) a work and job skills training program;
16-8 (F) a program that provides training in
16-9 parenting, including parental responsibility;
16-10 (G) a program that provides training in manners;
16-11 (H) a program that provides training in violence
16-12 avoidance;
16-13 (I) a program that provides sensitivity
16-14 training; and
16-15 (J) a program that provides training in advocacy
16-16 and mentoring;
16-17 (3) the individual and the individual's parent attend
16-18 a class for students at risk of dropping out of school designed for
16-19 both the individual and the individual's parent;
16-20 (4) the individual complete reasonable community
16-21 service requirements; or
16-22 (5) for the total number of hours ordered by the
16-23 court, the individual participate in a tutorial program covering
16-24 the academic subjects in which the student is enrolled provided by
16-25 the school the individual attends.
16-26 (b) An order under Subsection (a)(3) that requires the
16-27 parent of an individual to attend a class for students at risk of
17-1 dropping out of school is enforceable in the justice or municipal
17-2 court by contempt.
17-3 (c) A court having jurisdiction under this section shall
17-4 endorse on the summons issued to the parent of the individual who
17-5 is the subject of the hearing an order directing the parent to
17-6 appear personally at the hearing and directing the person having
17-7 custody of the individual to bring the individual to the hearing.
17-8 (d) An individual commits an offense if the individual is a
17-9 parent who fails to attend a hearing under this section after
17-10 receiving notice under Subsection (c) that the individual's
17-11 attendance is required. An offense under this subsection is a
17-12 Class C misdemeanor.
17-13 (e) On the commencement of proceedings under this article,
17-14 the court shall inform the individual who is the subject of the
17-15 hearing and the individual's parent in open court of the
17-16 individual's expunction rights and provide the individual and the
17-17 individual's parent with a written copy of Article 45.055.
17-18 (f) In addition to any other order authorized by this
17-19 article, the court may order the Department of Public Safety to
17-20 suspend the driver's license or permit of the individual who is the
17-21 subject of the hearing or, if the individual does not have a
17-22 license or permit, to deny the issuance of a license or permit to
17-23 the individual for a period specified by the court not to exceed
17-24 365 days.
17-25 (g) A dispositional order under this article is effective
17-26 for the period specified by the court in the order but may not
17-27 extend beyond the 180th day after the date of the order or beyond
18-1 the end of the school year in which the order was entered,
18-2 whichever period is longer.
18-3 (h) In this article, "parent" includes a person standing in
18-4 parental relation.
18-5 Art. 45.055. EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
18-6 TO ATTEND SCHOOL CASES. (a) An individual convicted of not more
18-7 than one violation of Section 25.094, Education Code, may, on or
18-8 after the individual's 18th birthday, apply to the court in which
18-9 the individual was convicted to have the conviction and records
18-10 relating to the conviction expunged.
18-11 (b) To apply for an expunction, the applicant must submit a
18-12 written request that:
18-13 (1) is made under oath;
18-14 (2) states that the applicant has not been convicted
18-15 of more than one violation of Section 25.094, Education Code; and
18-16 (3) is in the form determined by the applicant.
18-17 (c) The court may expunge the conviction and records
18-18 relating to the conviction without a hearing or, if facts are in
18-19 doubt, may order a hearing on the application. If the court finds
18-20 that the applicant has not been convicted of more than one
18-21 violation of Section 25.094, Education Code, the court shall order
18-22 the conviction, together with all complaints, verdicts, sentences,
18-23 and other documents relating to the offense, including any
18-24 documents in the possession of a school district or law enforcement
18-25 agency, to be expunged from the applicant's record. After entry of
18-26 the order, the applicant is released from all disabilities
18-27 resulting from the conviction, and the conviction may not be shown
19-1 or made known for any purpose. The court shall inform the
19-2 applicant of the court's decision on the application.
19-3 (d) The justice or municipal court may not require an
19-4 individual who files an application under this article to pay any
19-5 fee or court costs for seeking expunction.
19-6 Art. 45.056. AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
19-7 REIMBURSEMENT. (a) On approval of the commissioners court, city
19-8 council, school district board of trustees, juvenile board, or
19-9 other appropriate authority, a justice court, municipal court,
19-10 school district, juvenile probation department, or other
19-11 appropriate governmental entity may:
19-12 (1) employ a case manager to provide services in
19-13 truancy cases; or
19-14 (2) agree in accordance with Chapter 791, Government
19-15 Code, to jointly employ a case manager to provide services in
19-16 truancy cases.
19-17 (b) A local entity may apply or more than one local entity
19-18 may jointly apply to the criminal justice division of the
19-19 governor's office for reimbursement of all or part of the costs of
19-20 employing one or more truancy case managers from funds appropriated
19-21 to the governor's office or otherwise available for that purpose.
19-22 To be eligible for reimbursement, the entity applying must present
19-23 to the governor's office a comprehensive plan to reduce truancy in
19-24 the entity's jurisdiction that addresses the role of the case
19-25 manager in that effort.
19-26 Art. 45.057. OFFENSES COMMITTED BY JUVENILES. (a) In this
19-27 article, "child" has the meaning assigned by Article 45.058(h).
20-1 (b) On a finding by a justice or municipal court that a
20-2 child committed an offense that the court has jurisdiction of under
20-3 Article 4.11 or 4.14, other than a traffic offense, the court has
20-4 jurisdiction to enter an order:
20-5 (1) referring the child or the child's parent,
20-6 managing conservator, or guardian for services under Section
20-7 264.302, Family Code;
20-8 (2) requiring that the child attend a special program
20-9 that the court determines to be in the best interest of the child
20-10 and, if the program involves the expenditure of county funds, that
20-11 is approved by the county commissioners court, including a
20-12 rehabilitation, counseling, self-esteem and leadership, work and
20-13 job skills training, job interviewing and work preparation,
20-14 self-improvement, parenting, manners, violence avoidance, tutoring,
20-15 sensitivity training, parental responsibility, community service,
20-16 restitution, advocacy, or mentoring program; or
20-17 (3) if the court finds the parent, managing
20-18 conservator, or guardian, by act or omission, contributed to,
20-19 caused, or encouraged the child's conduct, requiring that the
20-20 child's parent, managing conservator, or guardian do any act or
20-21 refrain from doing any act that the court determines will increase
20-22 the likelihood that the child will comply with the orders of the
20-23 court and that is reasonable and necessary for the welfare of the
20-24 child, including:
20-25 (A) attend a parenting class or parental
20-26 responsibility program; and
20-27 (B) attend the child's school classes or
21-1 functions.
21-2 (c) The justice or municipal court may order the parent,
21-3 managing conservator, or guardian of a child required to attend a
21-4 program under Subsection (b) to pay an amount not greater than
21-5 $100 to pay for the costs of the program.
21-6 (d) A justice or municipal court may require a child,
21-7 parent, managing conservator, or guardian required to attend a
21-8 program, class, or function under this article to submit proof of
21-9 attendance to the court.
21-10 (e) A justice or municipal court shall endorse on the
21-11 summons issued to a parent, managing conservator, or guardian an
21-12 order to appear personally at the hearing with the child. The
21-13 summons must include a warning that the failure of the parent,
21-14 managing conservator, or guardian to appear may be punishable as a
21-15 Class C misdemeanor.
21-16 (f) An order under this article involving a child is
21-17 enforceable under Article 45.050.
21-18 (g) A person commits an offense if the person is a parent,
21-19 managing conservator, or guardian who fails to attend a hearing
21-20 under this article after receiving an order under Subsection (e).
21-21 An offense under this subsection is a Class C misdemeanor.
21-22 (h) Any other order under this article is enforceable by the
21-23 justice or municipal court by contempt.
21-24 Art. 45.058. CHILDREN TAKEN INTO CUSTODY. (a) A child may
21-25 be released to the child's parent, guardian, custodian, or other
21-26 responsible adult as provided by Section 52.02(a)(1), Family Code,
21-27 if the child is taken into custody for an offense that a justice or
22-1 municipal court has jurisdiction of under Article 4.11 or 4.14,
22-2 other than public intoxication.
22-3 (b) A child described by Subsection (a) must be taken only
22-4 to a place previously designated by the head of the law enforcement
22-5 agency with custody of the child as an appropriate place of
22-6 nonsecure custody for children unless the child:
22-7 (1) is released under Section 52.02(a)(1), Family
22-8 Code; or
22-9 (2) is taken before a justice or municipal court.
22-10 (c) A place of nonsecure custody for children must be an
22-11 unlocked, multipurpose area. A lobby, office, or interrogation
22-12 room is suitable if the area is not designated, set aside, or used
22-13 as a secure detention area and is not part of a secure detention
22-14 area. A place of nonsecure custody may be a juvenile processing
22-15 office designated under Section 52.025, Family Code, if the area is
22-16 not locked when it is used as a place of nonsecure custody.
22-17 (d) The following procedures shall be followed in a place of
22-18 nonsecure custody for children:
22-19 (1) a child may not be secured physically to a cuffing
22-20 rail, chair, desk, or other stationary object;
22-21 (2) the child may be held in the nonsecure facility
22-22 only long enough to accomplish the purpose of identification,
22-23 investigation, processing, release to parents, or the arranging of
22-24 transportation to the appropriate juvenile court, juvenile
22-25 detention facility, secure detention facility, justice court, or
22-26 municipal court;
22-27 (3) residential use of the area is prohibited; and
23-1 (4) the child shall be under continuous visual
23-2 supervision by a law enforcement officer or facility staff person
23-3 during the time the child is in nonsecure custody.
23-4 (e) Notwithstanding any other provision of this article, a
23-5 child may not, under any circumstances, be detained in a place of
23-6 nonsecure custody for more than six hours.
23-7 (f) A child taken into custody for an offense that a justice
23-8 or municipal court has jurisdiction of under Article 4.11 or 4.14,
23-9 other than public intoxication, may be presented or detained in a
23-10 detention facility designated by the juvenile court under Section
23-11 52.02(a)(3), Family Code, only if:
23-12 (1) the child's non-traffic case is transferred to the
23-13 juvenile court by a justice or municipal court under Section
23-14 51.08(b), Family Code; or
23-15 (2) the child is referred to the juvenile court by a
23-16 justice or municipal court for contempt of court under Article
23-17 45.050.
23-18 (g) A law enforcement officer may issue a field release
23-19 citation as provided by Article 14.06 in place of taking a child
23-20 into custody for a traffic offense or an offense, other than public
23-21 intoxication, punishable by fine only.
23-22 (h) In this article, "child" means a person who is:
23-23 (1) at least 10 years of age and younger than 17 years
23-24 of age; and
23-25 (2) charged with or convicted of an offense that a
23-26 justice or municipal court has jurisdiction of under Article 4.11
23-27 or 4.14.
24-1 Art. 45.059. CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
24-2 JUVENILE CURFEW OR ORDER. (a) A peace officer taking into custody
24-3 a person younger than 17 years of age for violation of a juvenile
24-4 curfew ordinance of a municipality or order of the commissioners
24-5 court of a county shall, without unnecessary delay:
24-6 (1) release the person to the person's parent,
24-7 guardian, or custodian;
24-8 (2) take the person before a justice or municipal
24-9 court to answer the charge; or
24-10 (3) take the person to a place designated as a
24-11 juvenile curfew processing office by the head of the law
24-12 enforcement agency having custody of the person.
24-13 (b) A juvenile curfew processing office must observe the
24-14 following procedures:
24-15 (1) the office must be an unlocked, multipurpose area
24-16 that is not designated, set aside, or used as a secure detention
24-17 area or part of a secure detention area;
24-18 (2) the person may not be secured physically to a
24-19 cuffing rail, chair, desk, or stationary object;
24-20 (3) the person may not be held longer than necessary
24-21 to accomplish the purposes of identification, investigation,
24-22 processing, release to a parent, guardian, or custodian, or
24-23 arrangement of transportation to school or court;
24-24 (4) a juvenile curfew processing office may not be
24-25 designated or intended for residential purposes;
24-26 (5) the person must be under continuous visual
24-27 supervision by a peace officer or other person during the time the
25-1 person is in the juvenile curfew processing office; and
25-2 (6) a person may not be held in a juvenile curfew
25-3 processing office for more than six hours.
25-4 (c) A place designated under this article as a juvenile
25-5 curfew processing office is not subject to the approval of the
25-6 juvenile board having jurisdiction where the governmental entity is
25-7 located.
25-8 SECTION 9. Article 102.014(d), Code of Criminal Procedure, is
25-9 amended to read as follows:
25-10 (d) A person convicted of an offense under Section 25.093 or
25-11 25.094, Education Code, [or a child convicted of an offense under
25-12 Section 25.094, Education Code,] shall pay as taxable court costs
25-13 $20 in addition to other taxable court costs. The additional court
25-14 costs under this subsection shall be collected in the same manner
25-15 that other fines and taxable court costs in the case are collected.
25-16 SECTION 10. Section 51.03, Family Code, is amended by
25-17 amending Subsections (b), (d), (e), and (f) and adding Subsection
25-18 (g) to read as follows:
25-19 (b) Conduct indicating a need for supervision is:
25-20 (1) subject to Subsection (f) [of this section],
25-21 conduct, other than a traffic offense, that violates:
25-22 (A) the penal laws of this state of the grade of
25-23 misdemeanor that are punishable by fine only; or
25-24 (B) the penal ordinances of any political
25-25 subdivision of this state;
25-26 (2) the [unexcused voluntary] absence of a child on 10
25-27 or more days or parts of days within a six-month period in the same
26-1 school year or on three or more days or parts of days within a
26-2 four-week period from school [without the consent of his parents];
26-3 (3) the voluntary absence of a child from the child's
26-4 [his] home without the consent of the child's [his] parent or
26-5 guardian for a substantial length of time or without intent to
26-6 return;
26-7 (4) conduct prohibited by city ordinance or by state
26-8 law involving the inhalation of the fumes or vapors of paint and
26-9 other protective coatings or glue and other adhesives and the
26-10 volatile chemicals itemized in Section 484.002, Health and Safety
26-11 Code;
26-12 (5) an act that violates a school district's
26-13 previously communicated written standards of student conduct for
26-14 which the child has been expelled under Section 37.007(c),
26-15 Education Code; or
26-16 (6) conduct that violates a reasonable and lawful
26-17 order of a court entered under Section 264.305.
26-18 (d) It is an affirmative defense to an allegation of conduct
26-19 under Subsection (b)(2) that one or more of the absences required
26-20 to be proven under that subsection have been excused by a school
26-21 official or should be excused by the court or that one of the
26-22 absences was involuntary. The burden is on the respondent to show
26-23 by a preponderance of the evidence that the absence has been or
26-24 should be excused or that the absence was involuntary. A decision
26-25 by the court to excuse an absence for purposes of this subsection
26-26 does not affect the ability of the school district to determine
26-27 whether to excuse the absence for another purpose. [For the
27-1 purpose of Subsection (b)(2) of this section an absence is excused
27-2 when the absence results from:]
27-3 [(1) illness of the child;]
27-4 [(2) illness or death in the family of the child;]
27-5 [(3) quarantine of the child and family;]
27-6 [(4) weather or road conditions making travel
27-7 dangerous;]
27-8 [(5) an absence approved by a teacher, principal, or
27-9 superintendent of the school in which the child is enrolled; or]
27-10 [(6) circumstances found reasonable and proper.]
27-11 (e) For the purposes of [Subdivisions (2) and (3) of]
27-12 Subsection (b)(3) [(b) of this section], "child" does not include a
27-13 person who is married, divorced, or widowed.
27-14 (f) Except as provided by Subsection (g), conduct [Conduct]
27-15 described under Subsection (b)(1) [of this section], other than
27-16 conduct that violates Section 49.02, Penal Code, prohibiting public
27-17 intoxication, does not constitute conduct indicating a need for
27-18 supervision unless the child has been referred to the juvenile
27-19 court under Section 51.08(b) [of this code].
27-20 (g) In a county with a population of less than 100,000,
27-21 conduct described by Subsection (b)(1)(A) that violates Section
27-22 25.094, Education Code, is conduct indicating a need for
27-23 supervision.
27-24 SECTION 11. Section 51.04, Family Code, is amended by
27-25 amending Subsection (a) and adding Subsection (h) to read as
27-26 follows:
27-27 (a) This title covers the proceedings in all cases involving
28-1 the delinquent conduct or conduct indicating a need for supervision
28-2 engaged in by a person who was a child within the meaning of this
28-3 title at the time the person [he] engaged in the conduct, and,
28-4 except as provided by Subsection (h), the juvenile court has
28-5 exclusive original jurisdiction over proceedings under this title.
28-6 (h) In a county with a population of less than 100,000, the
28-7 juvenile court has concurrent jurisdiction with the justice and
28-8 municipal courts over conduct engaged in by a child that violates
28-9 Section 25.094, Education Code.
28-10 SECTION 12. Section 51.12(a), Family Code, is amended to read
28-11 as follows:
28-12 (a) Except as provided by Subsection (h), a child may be
28-13 detained only in a:
28-14 (1) juvenile processing office in compliance with
28-15 Section 52.025;
28-16 (2) place of nonsecure custody in compliance with
28-17 Article 45.058, Code of Criminal Procedure [Section 52.027];
28-18 (3) certified juvenile detention facility that
28-19 complies with the requirements of Subsection (f);
28-20 (4) secure detention facility as provided by
28-21 Subsection (j); or
28-22 (5) county jail or other facility as provided by
28-23 Subsection (l).
28-24 SECTION 13. Section 54.021(b), Family Code, is amended to
28-25 read as follows:
28-26 (b) A justice or municipal court may exercise jurisdiction
28-27 over a person alleged to have engaged in conduct indicating a need
29-1 for supervision by engaging in conduct described in Section
29-2 51.03(b)(2) in a case where:
29-3 (1) the juvenile court has waived its original
29-4 jurisdiction under this section; and
29-5 (2) a complaint is filed by the appropriate authority
29-6 in the justice or municipal court charging an offense under Section
29-7 25.094, Education Code.
29-8 (c) A proceeding in a justice or municipal court on a
29-9 complaint charging an offense under Section 25.094, Education Code,
29-10 is governed by Chapter 45, Code of Criminal Procedure. [A justice
29-11 or municipal court may exercise jurisdiction under this section
29-12 without regard to whether the justice of the peace or municipal
29-13 judge for the court is a licensed attorney or the hearing for a
29-14 case is before a jury consisting of six persons.]
29-15 SECTION 14. Section 54.041(f), Family Code, is amended to
29-16 read as follows:
29-17 (f) If a child is found to have engaged in conduct
29-18 indicating a need for supervision described under Section
29-19 51.03(b)(2) or (g) [of this code], the court may order the child's
29-20 parents or guardians to attend a program [class] described by
29-21 Section 25.093(f) [25.093(h)], Education Code, if a program is
29-22 available [the school district in which the child's parents or
29-23 guardians reside offers a class under that section].
29-24 SECTION 15. Section 264.302(e), Family Code, is amended to
29-25 read as follows:
29-26 (e) The department shall provide services for a child and
29-27 the child's family if a contract to provide services under this
30-1 section is available in the county and the child is referred to the
30-2 department as an at-risk child by:
30-3 (1) a court under Section 264.304;
30-4 (2) a juvenile court or probation department as part
30-5 of a progressive sanctions program under Chapter 59;
30-6 (3) a law enforcement officer or agency under Section
30-7 52.03; or
30-8 (4) a justice or municipal court under Article 45.057,
30-9 Code of Criminal Procedure [Section 54.022].
30-10 SECTION 16. Section 7.111(a), Education Code, as amended by
30-11 Chapters 76 and 1282, Acts of the 76th Legislature, Regular
30-12 Session, 1999, is amended to read as follows:
30-13 (a) The board shall provide for the administration of high
30-14 school equivalency examinations. A person who does not have a high
30-15 school diploma may take the examination in accordance with rules
30-16 adopted by the board if the person is:
30-17 (1) over 17 years of age; [or]
30-18 (2) 16 years of age or older and:
30-19 (A) is enrolled in a Job Corps training program
30-20 under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
30-21 et seq.) [Job Training Partnership Act (29 U.S.C. Section 1501 et
30-22 seq.)], and its subsequent amendments; or
30-23 (B) a public agency providing supervision of the
30-24 person or having custody of the person under a court order
30-25 recommends that the person take the examination; or
30-26 (3) required to take the examination under a justice
30-27 or municipal court order issued under Article 45.054(a)(1)(C), Code
31-1 of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
31-2 SECTION 17. Section 351.903(b), Local Government Code, is
31-3 amended to read as follows:
31-4 (b) This authority includes the authority to:
31-5 (1) establish the hours of the curfew, including
31-6 different hours for different days of the week;
31-7 (2) apply different curfew hours to different age
31-8 groups of juveniles;
31-9 (3) describe the kinds of conduct subject to the
31-10 curfew;
31-11 (4) determine the locations to which the curfew
31-12 applies;
31-13 (5) determine which persons incur liability if a
31-14 violation of the curfew occurs;
31-15 (6) prescribe procedures, in compliance with Article
31-16 45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
31-17 police officer must follow in enforcing the curfew; and
31-18 (7) establish exemptions to the curfew, including but
31-19 not limited to exemptions for times when there are no classes being
31-20 conducted, for holidays, and for persons going to or from work.
31-21 SECTION 18. (a) Section 25.096, Education Code, is
31-22 repealed.
31-23 (b) Sections 52.027, 52.028, 54.021(c)-(h), and 54.022,
31-24 Family Code, are repealed.
31-25 SECTION 19. The change in law made by this Act applies only
31-26 to a defendant charged with an offense committed or, for the
31-27 purposes of Title 3, Family Code, a child alleged to have engaged
32-1 in conduct that occurs on or after the effective date of this Act.
32-2 An offense committed or conduct that occurs before the effective
32-3 date of this Act is covered by the law in effect when the offense
32-4 was committed or the conduct occurred, and the former law is
32-5 continued in effect for that purpose. For purposes of this
32-6 section, an offense was committed before the effective date of this
32-7 Act if every element of the offense occurred before that date, and
32-8 conduct violating a penal law of this state occurred before the
32-9 effective date of this Act if every element of the violation
32-10 occurred before that date.
32-11 SECTION 20. For purposes of Sections 25.093 and 25.094,
32-12 Education Code, and Section 51.03, Family Code, as amended by this
32-13 Act, and Section 25.0951, Education Code, as added by this Act, an
32-14 absence that occurs during the 2001-2002 school year is included in
32-15 determining the number of a student's absences, regardless of
32-16 whether the absence occurred before the effective date of this Act.
32-17 SECTION 21. This Act takes effect September 1, 2001.