By West                                               S.B. No. 1432
         77R2693 KKA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to truancy and the authority of justice and municipal
 1-3     courts in relation to children; providing criminal penalties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 25.091, Education Code, is amended to read
 1-6     as follows:
 1-7           Sec. 25.091.  POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
 1-8     ATTENDANCE OFFICERS [OFFICER]. (a)  A peace officer serving as an
 1-9     attendance officer has the following powers and duties concerning
1-10     enforcement of compulsory school attendance requirements:
1-11                 (1)  to investigate each case of a violation of
1-12     compulsory school attendance requirements referred to the peace
1-13     officer;
1-14                 (2)  to enforce compulsory school attendance
1-15     requirements by:
1-16                       (A)  referring a student to a juvenile court or
1-17     filing a complaint against a student in a justice or municipal
1-18     court if the student has unexcused absences for the amount of time
1-19     specified under Section 25.094 or under Section 51.03(b)(2), Family
1-20     Code; and
1-21                       (B)  filing a complaint in a justice or municipal
1-22     court against a parent who violates Section 25.093;
1-23                 (3)  to serve court-ordered legal process;
1-24                 (4)  to monitor school attendance compliance by each
 2-1     student investigated by the officer;
 2-2                 (5)  to maintain an investigative record on each
 2-3     compulsory school attendance requirement violation and related
 2-4     court action and, at the request of a court, the board of trustees
 2-5     of a school district, or the commissioner, to provide a record to
 2-6     the individual or entity requesting the record;
 2-7                 (6)  to make a home visit or otherwise contact the
 2-8     parent of a student who is in violation of compulsory school
 2-9     attendance requirements, except that a peace officer may not enter
2-10     a residence without the permission of the parent of a student
2-11     required under this subchapter to attend school or of the tenant or
2-12     owner of the residence, except to lawfully serve court-ordered
2-13     legal process on the parent; and
2-14                 (7)  to take a student into custody with the permission
2-15     of the student's parent or in obedience to a court-ordered legal
2-16     process.
2-17           (b)  An attendance officer employed by a school district who
2-18     is not commissioned as a peace officer has the following powers and
2-19     duties with respect to enforcement of compulsory school attendance
2-20     requirements:
2-21                 (1)  to investigate each case of a violation of the
2-22     compulsory school attendance requirements referred to the
2-23     attendance officer;
2-24                 (2)  to enforce compulsory school attendance
2-25     requirements by:
2-26                       (A)  referring a student to a juvenile court or
2-27     filing a complaint against a student in a justice or municipal
 3-1     court if the student has unexcused absences for the amount of time
 3-2     specified under Section 25.094 or under Section 51.03(b)(2), Family
 3-3     Code; and
 3-4                       (B)  filing a complaint in a justice or municipal
 3-5     court against a parent who violates Section 25.093;
 3-6                 (3)  to monitor school attendance compliance by each
 3-7     student investigated by the officer;
 3-8                 (4)  to maintain an investigative record on each
 3-9     compulsory school attendance requirement violation and related
3-10     court action and, at the request of a court, the board of trustees
3-11     of a school district, or the commissioner, to provide a record to
3-12     the individual or entity requesting the record;
3-13                 (5)  to make a home visit or otherwise contact the
3-14     parent of a student who is in violation of compulsory school
3-15     attendance requirements, except that the attendance officer may not
3-16     enter a residence without permission of the parent or of the owner
3-17     or tenant of the residence;
3-18                 (6)  at the request of a parent, to escort a student
3-19     from any location to a school campus to ensure the student's
3-20     compliance with compulsory school attendance requirements; and
3-21                 (7)  if the attendance officer has or is informed of a
3-22     court-ordered legal process  directing that a student be taken into
3-23     custody, and the school district employing the officer does not
3-24     employ its own police department, to contact the sheriff,
3-25     constable, or any peace officer to request that the student be
3-26     taken into custody and processed according to the legal process.
3-27           (c)  In this section:
 4-1                 (1)  "Parent" includes a person standing in parental
 4-2     relation.
 4-3                 (2)  "Peace officer" has the meaning assigned by
 4-4     Article 2.12, Code of Criminal Procedure. [A school attendance
 4-5     officer has the following powers and duties:]
 4-6                 [(1)  to investigate each case of unexcused absence
 4-7     from school;]
 4-8                 [(2)  to administer oaths and to serve legal process;]
 4-9                 [(3)  to enforce the compulsory school attendance law;]
4-10                 [(4)  to keep a record of each case of any kind
4-11     investigated by the officer in the discharge of the officer's
4-12     duties;]
4-13                 [(5)  to make any report required by the commissioner
4-14     concerning the discharge of the officer's duties; and]
4-15                 [(6)  to refer to a juvenile court or to a justice
4-16     court if the juvenile court has waived jurisdiction as provided by
4-17     Section 54.021(a), Family Code, any student who has unexcused
4-18     voluntary absences for the amount of time specified under Section
4-19     51.03(b)(2), Family Code, or to file a complaint against any person
4-20     standing in parental relation who violates Section 25.093 or to
4-21     file a complaint against a student who violates Section 25.094.]
4-22           [(b)  A school attendance officer may not enter a private
4-23     residence or any part of a private residence without the permission
4-24     of the owner or tenant except to serve lawful process on a parent,
4-25     guardian, or other person standing in parental relation to a child
4-26     to whom the compulsory school attendance law applies.]
4-27           [(c)  A school attendance officer may not forcibly take
 5-1     corporal custody of any child anywhere without permission of the
 5-2     parent, guardian, or other person standing in parental relation to
 5-3     the child except in obedience to a valid process issued by a court
 5-4     of competent jurisdiction.]
 5-5           SECTION 2. Section 25.093, Education Code, is amended to read
 5-6     as follows:
 5-7           Sec. 25.093.  PARENT CONTRIBUTING TO TRUANCY [THWARTING
 5-8     COMPULSORY ATTENDANCE LAW]. (a)  If any parent of a child required
 5-9     to attend school fails to require the child to attend school as
5-10     required by law, the school attendance officer or other appropriate
5-11     school official shall, as required by Section 25.095, warn the
5-12     parent in writing that attendance is immediately required.
5-13           (b)  If, after a warning is issued under Subsection (a), the
5-14     parent with criminal negligence fails to require the child to
5-15     attend school as required by law and the child has [unexcused
5-16     voluntary] absences for the amount of time specified under Section
5-17     25.094 [51.03(b)(2), Family Code], the parent commits an offense.
5-18           (c)  The attendance officer or other appropriate school
5-19     official shall file a complaint against the parent [in the county
5-20     court,] in a justice court in the county in which the parent
5-21     resides or in which the school is located[,] or in a municipal
5-22     court of the municipality in which the parent resides or in which
5-23     the school is located.  [The attendance officer shall file a
5-24     complaint under this section in the court to which the parent's
5-25     child has been referred for engaging in conduct described in
5-26     Section 51.03(b)(2), Family Code, if a referral has been made for
5-27     the child.  If a referral has not been made, the attendance officer
 6-1     shall refer the child to the county juvenile probation department
 6-2     for action as engaging in conduct indicating a need for supervision
 6-3     under that section.]
 6-4           (d)  [A court in which a complaint is filed under this
 6-5     section shall give preference to a hearing on the complaint over
 6-6     other cases before the court.]
 6-7           [(e)]  An offense under this section is a Class C
 6-8     misdemeanor. Each day the child remains out of school after the
 6-9     warning has been given or the child has been ordered to attend
6-10     school by the juvenile court may constitute a separate offense.
6-11     Two or more offenses under this section may be consolidated and
6-12     prosecuted in a single action.  If the court orders deferred
6-13     disposition under Article 45.051, Code of Criminal Procedure
6-14     [probates the sentence], the court may require the defendant to
6-15     provide [render] personal services to a charitable or educational
6-16     institution as a condition of the deferral [probation].
6-17           (e) [(f)]  A fine collected under this section shall be
6-18     deposited as follows:
6-19                 (1)  one-half shall be deposited to the credit of the
6-20     operating fund of the school district in which the child attends
6-21     school or of the juvenile justice alternative education program
6-22     that the child has been ordered to attend, as applicable; and
6-23                 (2)  one-half shall be deposited to the credit of:
6-24                       (A)  the general fund of the county, if the
6-25     complaint is filed in the [county court or] justice court; or
6-26                       (B)  the general fund of the municipality, if the
6-27     complaint is filed in municipal court.
 7-1           (f) [(g)]  At the trial of any person charged with violating
 7-2     this section, the attendance records of the child may be presented
 7-3     in court by any authorized employee of the school district.
 7-4           (g) [(h)]  The court in which a conviction, deferred
 7-5     adjudication, or deferred disposition for an offense under this
 7-6     section occurs may order the defendant to attend a program [class]
 7-7     for parents of students with unexcused absences that provides
 7-8     instruction designed to assist those parents in identifying
 7-9     problems that contribute to the students' unexcused absences and in
7-10     developing strategies for resolving those problems if a program is
7-11     available [the school district in which the person resides offers
7-12     such a class].
7-13           (h)  If a parent refuses to obey a court order entered under
7-14     this section, the court may punish the parent for contempt of court
7-15     under Section 21.002, Government Code.
7-16           (i)  It is an affirmative defense to prosecution under this
7-17     section that one or more of the absences required to be proven
7-18     under Subsection (b) was excused by a school official or should be
7-19     excused by the court.  The burden is on the defendant to show by a
7-20     preponderance of the evidence that the absence has been or should
7-21     be excused.  A decision by the court to excuse an absence for
7-22     purposes of this section does not affect the ability of the school
7-23     district to determine whether to excuse the absence for another
7-24     purpose.
7-25           (j) [(i)]  In this section, "parent" includes a person
7-26     standing in parental relation.
7-27           SECTION 3. Section 25.094, Education Code, is amended to read
 8-1     as follows:
 8-2           Sec. 25.094.  FAILURE TO ATTEND SCHOOL. (a)  An individual [A
 8-3     child] commits an offense if the individual [child]:
 8-4                 (1)  is required to attend school under Section 25.085;
 8-5     and
 8-6                 (2)  fails to attend school on 10 or more days or parts
 8-7     of days within a six-month period in the same school year or on
 8-8     three or more days or parts of days within a four-week period [for
 8-9     the amount of time specified under Section 51.03(b)(2), Family
8-10     Code, and is not excused under Section 25.087].
8-11           (b)  An offense under this section may be prosecuted in a
8-12     justice court in the county in which the individual [child] resides
8-13     or in which the school is located or in a municipal court in the
8-14     municipality in which the individual [child] resides or in which
8-15     the school is located.
8-16           (c)  On a finding by the justice or municipal court that the
8-17     individual [child] has committed an offense under Subsection (a),
8-18     the court may enter an order that includes one or more of the
8-19     requirements listed in Article 45.054, Code of Criminal Procedure
8-20     [Section 54.021(d), Family Code].
8-21           (d)  [If the justice or municipal court finds that a child
8-22     has violated an order issued under Subsection (c), the court shall
8-23     transfer the complaint against the child, together with all
8-24     pleadings and orders, to a juvenile court for the county in which
8-25     the child resides.  The juvenile court shall conduct an
8-26     adjudication hearing as provided by Section 54.03, Family Code. The
8-27     adjudication hearing shall be de novo.]
 9-1           [(e)]  Pursuant to an order of the justice or municipal court
 9-2     based on an affidavit showing probable cause to believe that an
 9-3     individual has committed an offense under this section, a peace
 9-4     officer may take the individual [a child] into custody [if there
 9-5     are reasonable grounds to believe that the child has committed an
 9-6     offense under this section].  A peace officer taking an individual
 9-7     [a child] into custody under this subsection shall:
 9-8                 (1)  promptly notify the individual's [child's] parent,
 9-9     guardian, or custodian of the officer's action and the reason for
9-10     that action; and
9-11                 (2)  without unnecessary delay:
9-12                       (A)  release the individual [child] to the
9-13     individual's [child's] parent, guardian, or custodian or to another
9-14     responsible adult, if the person promises to bring the individual
9-15     [child] to the justice or municipal court as requested by the
9-16     court; or
9-17                       (B)  bring the individual [child] to a justice or
9-18     municipal court with venue over the offense [the justice of the
9-19     peace of the court having jurisdiction over the child].
9-20           (e) [(f)]  An offense under this section is a Class C
9-21     misdemeanor.
9-22           (f)  It is an affirmative defense to prosecution under this
9-23     section that one or more of the absences required to be proven
9-24     under Subsection (a)  was excused by a school official or should be
9-25     excused by the court.  The burden is on the defendant to show by a
9-26     preponderance of the evidence that the absence has been or should
9-27     be excused.  A decision by the court to excuse an absence for
 10-1    purposes of this section does not affect the ability of the school
 10-2    district to determine whether to excuse the absence for another
 10-3    purpose.
 10-4          (g)  It is an affirmative defense to prosecution under this
 10-5    section that one or more of the absences required to be proven
 10-6    under Subsection (a)  was involuntary.  The burden is on the
 10-7    defendant to show by a preponderance of the evidence that the
 10-8    absence was involuntary.
 10-9          [(g)  Any person convicted of not more than one violation
10-10    under this section while a minor, on attaining the age of 18 years,
10-11    may apply to the court in which the person was convicted to have
10-12    the conviction expunged.]
10-13          [(h)  The application must contain the applicant's sworn
10-14    statement that the person was not convicted of any violation of
10-15    this section while a minor other than the one the person seeks to
10-16    have expunged.]
10-17          [(i)  If the court finds that the applicant was not convicted
10-18    of any other violation of this section while the person was a
10-19    minor, the court shall order the conviction, together with all
10-20    complaints, verdicts, sentences, and other documents relating to
10-21    the offense, to be expunged from the applicant's record.  After
10-22    entry of the order, the applicant shall be released from all
10-23    disabilities resulting from the conviction, and the conviction may
10-24    not be shown or made known for any purpose.]
10-25          SECTION 4. Section 25.095, Education Code, is amended to read
10-26    as follows:
10-27          Sec. 25.095.  WARNING NOTICE. (a)  A school district shall
 11-1    notify a student's parent in writing if, in a four-week [six-month]
 11-2    period, the student has been absent without an excuse three [five]
 11-3    times for any part of the day.  The notice must request a
 11-4    conference between school officials and the student's parent to
 11-5    discuss the absences [state that if the student is absent without
 11-6    an excuse for 10 or more days or parts of days in a six-month
 11-7    period:]
 11-8                [(1)  the student's parent is subject to prosecution
 11-9    under Section 25.093; and]
11-10                [(2)  the student is subject to prosecution under
11-11    Section 25.094].
11-12          (b)  [Notice is not required under this section if the
11-13    student is a party to a juvenile court proceeding for conduct
11-14    described by Section 51.03(b)(2), Family Code.]
11-15          [(c)]  The fact that a parent did not receive a notice under
11-16    this section does not create a defense to prosecution under Section
11-17    25.093 or 25.094.
11-18          (c) [(d)]  In this section, "parent" includes a person
11-19    standing in parental relation.
11-20          SECTION 5. Subchapter C, Chapter 25, Education Code, is
11-21    amended by adding Sections 25.0951 and 25.0952 to read as follows:
11-22          Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
11-23    FAILURE TO ATTEND SCHOOL. (a)  If a student fails to attend school
11-24    without excuse on 10 or more days or parts of days within a
11-25    six-month period in the same school year, a school district shall:
11-26                (1)  file a complaint against the student in a justice
11-27    or municipal court for an offense under Section 25.094; or
 12-1                (2)  refer the student to a juvenile court for conduct
 12-2    indicating a need for supervision under Section 51.03(b)(2), Family
 12-3    Code.
 12-4          (b)  If a student fails to attend school without excuse on
 12-5    three or more days or parts of days within a four-week period but
 12-6    does not fail to attend school for the time described by Subsection
 12-7    (a), the school district may:
 12-8                (1)  file a complaint against the student in a justice
 12-9    or municipal court for an offense under Section 25.094; or
12-10                (2)  refer the student to a juvenile court for conduct
12-11    indicating a need for supervision under Section 51.03(b)(2), Family
12-12    Code.
12-13          Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED
12-14    OFFENSES. In a proceeding in a justice or municipal court based on
12-15    a complaint under Section 25.093 or 25.094, the court shall, except
12-16    as otherwise provided by this chapter, use the procedures and
12-17    exercise the powers authorized by Chapter 45, Code of Criminal
12-18    Procedure.
12-19          SECTION 6. Article 45.050, Code of Criminal Procedure, is
12-20    amended to read as follows:
12-21          Art. 45.050.  FAILURE TO PAY FINE; CONTEMPT: JUVENILES. (a)
12-22    In this article, "child" has the meaning assigned by Article
12-23    45.058(h).
12-24          (b)  A justice [court] or municipal court may not order the
12-25    confinement of a [person who is a] child [for the purposes of Title
12-26    3, Family Code,] for:
12-27                (1)  the failure to pay all or any part of a fine or
 13-1    costs imposed for the conviction of an offense punishable by fine
 13-2    only; or
 13-3                (2)  contempt of another order of a justice or
 13-4    municipal court.
 13-5          (c) [(b)]  If a [person who is a] child [under Section 51.02,
 13-6    Family Code,] fails to obey an order of a justice or municipal
 13-7    court under circumstances that would constitute contempt of court,
 13-8    the justice or municipal court [has jurisdiction to]:
 13-9                (1)  has jurisdiction to [hold the child in contempt of
13-10    the justice or municipal court order as provided by Section
13-11    52.027(h), Family Code; or]
13-12                [(2)]  refer the child to the appropriate juvenile
13-13    court for delinquent conduct for contempt of the justice or
13-14    municipal court order; or
13-15                (2)  may retain jurisdiction of the case and:
13-16                      (A)  hold the child in contempt of the justice or
13-17    municipal court order and impose a fine not to exceed $500;
13-18                      (B)  order the child to be held in a place of
13-19    nonsecure custody designated under Article 45.058 for a single
13-20    period not to exceed six hours; or
13-21                      (C)  order the Department of Public Safety to
13-22    suspend the child's driver's license or permit or, if the child
13-23    does not have a license or permit, to deny the issuance of a
13-24    license or permit to the child until the child fully complies with
13-25    the orders of the court.
13-26          (d)  A court that orders suspension or denial of a driver's
13-27    license or permit under Subsection (c)(2)(C) shall notify the
 14-1    Department of Public Safety on receiving proof that the child has
 14-2    fully complied with the orders of the court.
 14-3          SECTION 7. Subchapter B, Chapter 45, Code of Criminal
 14-4    Procedure, is amended by adding Articles 45.054-45.059 to read as
 14-5    follows:
 14-6          Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS. (a)  On a
 14-7    finding by a justice or municipal court that an individual has
 14-8    committed an offense under Section 25.094, Education Code, the
 14-9    court has jurisdiction to enter an order that includes one or more
14-10    of the following provisions requiring that:
14-11                (1)  the individual do either or both of the following:
14-12                      (A)  attend a preparatory class for the high
14-13    school equivalency examination administered under Section 7.111,
14-14    Education Code, if the court determines that the individual is too
14-15    old to do well in a formal classroom environment; or
14-16                      (B)  if the individual is at least 16 years of
14-17    age, take the high school equivalency examination administered
14-18    under Section 7.111, Education Code;
14-19                (2)  the individual attend a special program that the
14-20    court determines to be in the best interest of the individual,
14-21    including:
14-22                      (A)  an alcohol and drug abuse program;
14-23                      (B)  a rehabilitation program;
14-24                      (C)  a counseling program, including
14-25    self-improvement counseling;
14-26                      (D)  a program that provides training in
14-27    self-esteem and leadership;
 15-1                      (E)  a work and job skills training program;
 15-2                      (F)  a program that provides training in
 15-3    parenting, including parental responsibility;
 15-4                      (G)  a program that provides training in manners;
 15-5                      (H)  a program that provides training in violence
 15-6    avoidance;
 15-7                      (I)  a program that provides sensitivity
 15-8    training; and
 15-9                      (J)  a program that provides training in advocacy
15-10    and mentoring;
15-11                (3)  the individual and the individual's parent attend
15-12    a class for students at risk of dropping out of school designed for
15-13    both the individual and the individual's parent;
15-14                (4)  the individual complete reasonable community
15-15    service requirements;
15-16                (5)  the individual attend school without unexcused
15-17    absences; or
15-18                (6)  for the total number of hours ordered by the
15-19    court, the individual participate in a tutorial program covering
15-20    the academic subjects in which the student is enrolled provided by
15-21    the school the individual attends.
15-22          (b)  An order under Subsection (a)(3) that requires the
15-23    parent of an individual to attend a class for students at risk of
15-24    dropping out of school is enforceable in the justice or municipal
15-25    court by contempt.
15-26          (c)  A court having jurisdiction under this section shall
15-27    endorse on the summons issued to the parent of the individual who
 16-1    is the subject of the hearing an order directing the parent to
 16-2    appear personally at the hearing and directing the person having
 16-3    custody of the individual to bring the individual to the hearing.
 16-4          (d)  An individual commits an offense if the individual is a
 16-5    parent who fails to attend a hearing under this section after
 16-6    receiving notice under Subsection (c) that the individual's
 16-7    attendance is required.  An offense under this subsection is a
 16-8    Class C misdemeanor.
 16-9          (e)  On the commencement of proceedings under this article,
16-10    the court shall inform the individual who is the subject of the
16-11    hearing and the individual's parent in open court of the
16-12    individual's expunction rights and provide the individual and the
16-13    individual's parent with a written copy of Article 45.055.
16-14          (f)  In addition to any other order authorized by this
16-15    article, the court may order the Department of Public Safety to
16-16    suspend the driver's license or permit of the individual who is the
16-17    subject of the hearing or, if the individual does not have a
16-18    license or permit, to deny the issuance of a license or permit to
16-19    the individual for a period specified by the court not to exceed
16-20    365 days.
16-21          (g)  A dispositional order under this article is effective
16-22    for the period specified by the court in the order but may not
16-23    extend beyond the 180th day after the date of the order or beyond
16-24    the end of the school year in which the order was entered,
16-25    whichever period is longer.
16-26          (h)  In this article, "parent" includes a person standing in
16-27    parental relation.
 17-1          Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
 17-2    TO ATTEND SCHOOL CASES. (a)  An individual convicted of not more
 17-3    than one violation of Section 25.094, Education Code, may, on or
 17-4    after the individual's 18th birthday, apply to the court in which
 17-5    the individual was convicted to have the conviction and records
 17-6    relating to the conviction expunged.
 17-7          (b)  To apply for an expunction, the applicant must submit a
 17-8    written request that:
 17-9                (1)  is made under oath;
17-10                (2)  states that the applicant has not been convicted
17-11    of more than one violation of Section 25.094, Education Code; and
17-12                (3)  is in the  form determined by the applicant.
17-13          (c)  The court may expunge the conviction and records
17-14    relating to the conviction without a hearing or, if facts are in
17-15    doubt, may order a hearing on the application.  If the court finds
17-16    that the applicant has not been convicted of more than one
17-17    violation of Section 25.094, Education Code, the court shall order
17-18    the conviction, together with all complaints, verdicts, sentences,
17-19    and other documents relating to the offense, including any
17-20    documents in the possession of a school district or law enforcement
17-21    agency, to be expunged from the applicant's record. After entry of
17-22    the order, the applicant is released from all disabilities
17-23    resulting from the conviction, and the conviction may not be shown
17-24    or made known for any purpose.  The court shall inform the
17-25    applicant of the court's decision on the application.
17-26          (d)  The justice or municipal court may not require an
17-27    individual who files an application under this article to pay any
 18-1    fee or court costs for seeking expunction.
 18-2          Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
 18-3    REIMBURSEMENT. (a)  On approval of the commissioners court, city
 18-4    council, school district board of trustees, juvenile board, or
 18-5    other appropriate authority, a justice court, municipal court,
 18-6    school district, juvenile probation department, or other
 18-7    appropriate governmental entity may:
 18-8                (1)  employ a case manager to provide services in
 18-9    truancy cases; or
18-10                (2)  agree in accordance with Chapter 791, Government
18-11    Code, to jointly employ a case manager to provide services in
18-12    truancy cases.
18-13          (b)  A local entity may apply or more than one local entity
18-14    may jointly apply to the criminal justice division of the
18-15    governor's office for reimbursement of all or part of the costs of
18-16    employing one or more truancy case managers from funds appropriated
18-17    to the governor's office or otherwise available for that purpose.
18-18    To be eligible for reimbursement, the entity applying must present
18-19    to the governor's office a comprehensive plan to reduce truancy in
18-20    the entity's jurisdiction that addresses the role of the case
18-21    manager in that effort.
18-22          Art. 45.057.  OFFENSES COMMITTED BY JUVENILES OTHER THAN
18-23    FAILURE TO ATTEND SCHOOL. (a)  In this article, "child" has the
18-24    meaning assigned by Article 45.058(h).
18-25          (b)  On a finding by a justice or municipal court that a
18-26    child committed an offense that the court has jurisdiction of under
18-27    Article 4.11 or 4.14, other than a traffic offense or an offense
 19-1    under Section 25.094, Education Code, the court has jurisdiction to
 19-2    enter an order:
 19-3                (1)  referring the child or the child's parent,
 19-4    managing conservator, or guardian for services under Section
 19-5    264.302, Family Code;
 19-6                (2)  requiring that the child attend a special program
 19-7    that the court determines to be in the best interest of the child
 19-8    and, if the program involves the expenditure of county funds, that
 19-9    is approved by the county  commissioners court, including a
19-10    rehabilitation, counseling, self-esteem and leadership, work and
19-11    job skills training, job interviewing and work preparation,
19-12    self-improvement, parenting, manners, violence avoidance, tutoring,
19-13    sensitivity training, parental responsibility, community service,
19-14    restitution, advocacy, or mentoring program; or
19-15                (3)  if the court finds the parent, managing
19-16    conservator, or guardian, by act or omission, contributed to,
19-17    caused, or encouraged the child's conduct, requiring that the
19-18    child's parent, managing conservator, or guardian do any act or
19-19    refrain from doing any act that the court determines will increase
19-20    the likelihood that the child will comply with the orders of the
19-21    court and that is reasonable and necessary for the welfare of the
19-22    child, including:
19-23                      (A)  attend a parenting class or parental
19-24    responsibility program; and
19-25                      (B)  attend the child's school classes or
19-26    functions.
19-27          (c)  The justice or municipal court may order the parent,
 20-1    managing conservator, or guardian of a child required to attend a
 20-2    program under Subsection (b)  to pay an amount not greater than
 20-3    $100 to pay for the costs of the program.
 20-4          (d)  A justice or municipal court may require a child,
 20-5    parent, managing conservator, or guardian required to attend a
 20-6    program, class, or function under this article to submit proof of
 20-7    attendance to the court.
 20-8          (e)  A justice or municipal court shall endorse on the
 20-9    summons issued to a parent, managing conservator, or guardian an
20-10    order to appear personally at the hearing with the child.  The
20-11    summons must include a warning that the failure of the parent,
20-12    managing conservator, or guardian to appear may be punishable as a
20-13    Class C misdemeanor.
20-14          (f)  An order under this article involving a child is
20-15    enforceable under Article 45.050.
20-16          (g)  A person commits an offense if the person is a parent,
20-17    managing conservator, or guardian who fails to attend a hearing
20-18    under this article after receiving an order under Subsection (e).
20-19    An offense under this subsection is a Class C misdemeanor.
20-20          (h)  Any other order under this article is enforceable by the
20-21    justice or municipal court by contempt.
20-22          Art. 45.058.  CHILDREN TAKEN INTO CUSTODY. (a)  A child may
20-23    be released to the child's parent, guardian, custodian, or other
20-24    responsible adult as provided by Section 52.02(a)(1), Family Code,
20-25    if the child is taken into custody for an offense that a justice or
20-26    municipal court has jurisdiction of under Article 4.11 or 4.14,
20-27    Code of Criminal Procedure, other than public intoxication.
 21-1          (b)  A child described by Subsection (a) must be taken only
 21-2    to a place previously designated by the head of the law enforcement
 21-3    agency with custody of the child as an appropriate place of
 21-4    nonsecure custody for children unless the child:
 21-5                (1)  is released under Section 52.02(a)(1), Family
 21-6    Code; or
 21-7                (2)  is taken before a justice or municipal court.
 21-8          (c)  A place of nonsecure custody for children must be an
 21-9    unlocked, multipurpose area.  A lobby, office, or interrogation
21-10    room is suitable if the area is not designated, set aside, or used
21-11    as a secure detention area and is not part of a secure detention
21-12    area.  A place of nonsecure custody may be a juvenile processing
21-13    office designated under Section 52.025, Family Code, if the area is
21-14    not locked when it is used as a place of nonsecure custody.
21-15          (d)  The following procedures shall be followed in a place of
21-16    nonsecure custody for children:
21-17                (1)  a child may not be secured physically to a cuffing
21-18    rail, chair, desk, or other stationary object;
21-19                (2)  the child may be held in the nonsecure facility
21-20    only long enough to satisfy an order of a justice or municipal
21-21    court under Article 45.050(c)(2)(B) or to accomplish the purpose of
21-22    identification, investigation, processing, release to parents, or
21-23    the arranging of transportation to the appropriate juvenile court,
21-24    juvenile detention facility, secure detention facility, justice
21-25    court, or municipal court;
21-26                (3)  residential use of the area is prohibited; and
21-27                (4)  the child shall be under continuous visual
 22-1    supervision by a law enforcement officer or facility staff person
 22-2    during the time the child is in nonsecure custody.
 22-3          (e)  Notwithstanding any other provision of this article, a
 22-4    child may not, under any circumstances, be detained in a place of
 22-5    nonsecure custody for more than six hours.
 22-6          (f)  A child taken into custody for an offense that a justice
 22-7    or municipal court has jurisdiction of under Article 4.11 or 4.14,
 22-8    Code of Criminal Procedure, other than public intoxication, may be
 22-9    presented or detained in a detention facility designated by the
22-10    juvenile court under Section 52.02(a)(3), Family Code, only if:
22-11                (1)  the child's non-traffic case is transferred to the
22-12    juvenile court by a justice or municipal court under Section
22-13    51.08(b), Family Code; or
22-14                (2)  the child is referred to the juvenile court by a
22-15    justice or municipal court for contempt of court under Article
22-16    45.050.
22-17          (g)  A law enforcement officer may issue a field release
22-18    citation, as provided by Article 14.06 in place of taking a child
22-19    into custody for a traffic offense or an offense, other than public
22-20    intoxication, punishable by fine only.
22-21          (h)  In this article, "child" means a person who is:
22-22                (1)  at least 10 years of age and younger than 17 years
22-23    of age; and
22-24                (2)  charged with or convicted of an offense that a
22-25    justice or municipal court has jurisdiction of under Article 4.11
22-26    or 4.14.
22-27          Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
 23-1    JUVENILE CURFEW OR ORDER. (a)  A peace officer taking into custody
 23-2    a person younger than 17 years of age for violation of a juvenile
 23-3    curfew ordinance of a municipality or order of the commissioners
 23-4    court of a county shall, without unnecessary delay:
 23-5                (1)  release the person to the person's parent,
 23-6    guardian, or custodian;
 23-7                (2)  take the person before a justice or municipal
 23-8    court to answer the charge; or
 23-9                (3)  take the person to a place designated as a
23-10    juvenile curfew processing office by the head of the law
23-11    enforcement agency having custody of the person.
23-12          (b)  A juvenile curfew processing office must observe the
23-13    following procedures:
23-14                (1)  the office must be an unlocked, multipurpose area
23-15    that is not designated, set aside, or used as a secure detention
23-16    area or part of a secure detention area;
23-17                (2)  the person may not be secured physically to a
23-18    cuffing rail, chair, desk, or stationary object;
23-19                (3)  the person may not be held longer than necessary
23-20    to accomplish the purposes of identification, investigation,
23-21    processing, release to a parent, guardian, or custodian, or
23-22    arrangement of transportation to school or court;
23-23                (4)  a juvenile curfew processing office may not be
23-24    designated or intended for residential purposes;
23-25                (5)  the person must be under continuous visual
23-26    supervision by a peace officer or other person during the time the
23-27    person is in the juvenile curfew processing office; and
 24-1                (6)  a person may not be held in a juvenile curfew
 24-2    processing office for more than six hours.
 24-3          (c)  A place designated under this article as a juvenile
 24-4    curfew processing office is not subject to the approval of the
 24-5    juvenile board having jurisdiction where the governmental entity is
 24-6    located.
 24-7          SECTION 8. Article 102.014(d), Code of Criminal Procedure, is
 24-8    amended to read as follows:
 24-9          (d)  A person convicted of an offense under Section 25.093 or
24-10    25.094, Education Code, [or a child convicted of an offense under
24-11    Section 25.094, Education Code,] shall pay as taxable court costs
24-12    $20 in addition to other taxable court costs.  The additional court
24-13    costs under this subsection shall be collected in the same manner
24-14    that other fines and taxable court costs in the case are collected.
24-15          SECTION 9. Sections 51.03(b), (d), and (e), Family Code, are
24-16    amended to read as follows:
24-17          (b)  Conduct indicating a need for supervision is:
24-18                (1)  subject to Subsection (f) [of this section],
24-19    conduct, other than a traffic offense, that violates:
24-20                      (A)  the penal laws of this state of the grade of
24-21    misdemeanor that are punishable by fine only; or
24-22                      (B)  the penal ordinances of any political
24-23    subdivision of this state;
24-24                (2)  the [unexcused voluntary] absence of a child on 10
24-25    or more days or parts of days within a six-month period in the same
24-26    school year or on three or more days or parts of days within a
24-27    four-week period from school [without the consent of his parents];
 25-1                (3)  the voluntary absence of a child from the child's
 25-2    [his] home without the consent of the child's [his] parent or
 25-3    guardian for a substantial length of time or without intent to
 25-4    return;
 25-5                (4)  conduct prohibited by city ordinance or by state
 25-6    law involving the inhalation of the fumes or vapors of paint and
 25-7    other protective coatings or glue and other adhesives and the
 25-8    volatile chemicals itemized in Section 484.002, Health and Safety
 25-9    Code;
25-10                (5)  an act that violates a school district's
25-11    previously communicated written standards of student conduct for
25-12    which the child has been expelled under Section 37.007(c),
25-13    Education Code; or
25-14                (6)  conduct that violates a reasonable and lawful
25-15    order of a court entered under Section 264.305.
25-16          (d)  It is an affirmative defense to an allegation of conduct
25-17    under Subsection (b)(2) that one or more of the absences required
25-18    to be proven under that subsection have been excused by a school
25-19    official or should be excused by the court or that one of the
25-20    absences was involuntary.  The burden is on the respondent to show
25-21    by a preponderance of the evidence that the absence has been or
25-22    should be excused or that the absence was involuntary.  A decision
25-23    by the court to excuse an absence for purposes of this subsection
25-24    does not affect the ability of the school district to determine
25-25    whether to excuse the absence for another purpose.  [For the
25-26    purpose of Subsection (b)(2) of this section an absence is excused
25-27    when the absence results from:]
 26-1                [(1)  illness of the child;]
 26-2                [(2)  illness or death in the family of the child;]
 26-3                [(3)  quarantine of the child and family;]
 26-4                [(4)  weather or road conditions making travel
 26-5    dangerous;]
 26-6                [(5)  an absence approved by a teacher, principal, or
 26-7    superintendent of the school in which the child is enrolled; or]
 26-8                [(6)  circumstances found reasonable and proper.]
 26-9          (e)  For the purposes of [Subdivisions (2) and (3) of]
26-10    Subsection (b)(3) [(b) of this section], "child" does not include a
26-11    person who is married, divorced, or widowed.
26-12          SECTION 10. Section 51.12(a), Family Code, is amended to read
26-13    as follows:
26-14          (a)  Except as provided by Subsection (h), a child may be
26-15    detained only in a:
26-16                (1)  juvenile processing office in compliance with
26-17    Section 52.025;
26-18                (2)  place of nonsecure custody in compliance with
26-19    Article 45.058, Code of Criminal Procedure [Section 52.027];
26-20                (3)  certified juvenile detention facility that
26-21    complies with the requirements of Subsection (f);
26-22                (4)  secure detention facility as provided by
26-23    Subsection (j); or
26-24                (5)  county jail or other facility as provided by
26-25    Subsection (l).
26-26          SECTION 11. Section 54.021(b), Family Code, is amended to
26-27    read as follows:
 27-1          (b)  A justice or municipal court may exercise jurisdiction
 27-2    over a person alleged to have engaged in conduct indicating a need
 27-3    for supervision by engaging in conduct described in Section
 27-4    51.03(b)(2) in a case where:
 27-5                (1)  the juvenile court has waived its original
 27-6    jurisdiction under this section; and
 27-7                (2)  a complaint is filed by the appropriate authority
 27-8    in the justice or municipal court charging an offense under Section
 27-9    25.094, Education Code.
27-10          (c)  A proceeding in a justice or municipal court on a
27-11    complaint charging an offense under Section 25.094, Education Code,
27-12    is governed by Chapter 45, Code of Criminal Procedure  [A justice
27-13    or municipal court may exercise jurisdiction under this section
27-14    without regard to whether the justice of the peace or municipal
27-15    judge for the court is a licensed attorney or the hearing for a
27-16    case is before a jury consisting of six persons].
27-17          SECTION 12. Section 54.041(f), Family Code, is amended to
27-18    read as follows:
27-19          (f)  If a child is found to have engaged in conduct
27-20    indicating a need for supervision described under Section
27-21    51.03(b)(2) [of this code], the court may order the child's parents
27-22    or guardians to attend a program [class] described by Section
27-23    25.093(g) [25.093(h)], Education Code, if a program is available
27-24    [the school district in which the child's parents or guardians
27-25    reside offers a class under that section].
27-26          SECTION 13.  Section 264.302(e), Family Code, is amended to
27-27    read as follows:
 28-1          (e)  The department shall provide services for a child and
 28-2    the child's family if a contract to provide services under this
 28-3    section is available in the county and the child is referred to the
 28-4    department as an at-risk child by:
 28-5                (1)  a court under Section 264.304;
 28-6                (2)  a juvenile court or probation department as part
 28-7    of a progressive sanctions program under Chapter 59;
 28-8                (3)  a law enforcement officer or agency under Section
 28-9    52.03; or
28-10                (4)  a justice or municipal court under Article 45.057,
28-11    Code of Criminal Procedure [Section 54.022].
28-12          SECTION 14.  Section 7.111(a), Education Code, as amended by
28-13    Chapters 76 and 1282, Acts of the 76th Legislature, Regular
28-14    Session, 1999, is amended to read as follows:
28-15          (a)  The board shall provide for the administration of high
28-16    school equivalency examinations.  A person who does not have a high
28-17    school diploma may take the examination in accordance with rules
28-18    adopted by the board if the person is:
28-19                (1)  over 17 years of age; [or]
28-20                (2)  16 years of age or older and:
28-21                      (A)  is enrolled in a Job Corps training program
28-22    under the Job Training Partnership Act (29 U.S.C. Section 1501 et
28-23    seq.), and its subsequent amendments; or
28-24                      (B)  a public agency providing supervision of the
28-25    person or having custody of the person under a court order
28-26    recommends that the person take the examination; or
28-27                (3)  required to take the examination under a justice
 29-1    or municipal court order issued under Article 45.054(a)(1)(B), Code
 29-2    of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
 29-3          SECTION 15. Section 351.903(b), Local Government Code, is
 29-4    amended to read as follows:
 29-5          (b)  This authority includes the authority to:
 29-6                (1)  establish the hours of the curfew, including
 29-7    different hours for different days of the week;
 29-8                (2)  apply different curfew hours to different age
 29-9    groups of juveniles;
29-10                (3)  describe the kinds of conduct subject to the
29-11    curfew;
29-12                (4)  determine the locations to which the curfew
29-13    applies;
29-14                (5)  determine which persons incur liability if a
29-15    violation of the curfew occurs;
29-16                (6)  prescribe procedures, in compliance with Article
29-17    45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
29-18    police officer must follow in enforcing the curfew; and
29-19                (7)  establish exemptions to the curfew, including but
29-20    not limited to exemptions for times when there are no classes being
29-21    conducted, for holidays, and for persons going to or from work.
29-22          SECTION 16.  (a)  Section 25.096, Education Code, is
29-23    repealed.
29-24          (b)  Sections 52.027, 52.028, 54.021(c)-(h), and 54.022,
29-25    Family Code, are repealed.
29-26          SECTION 17. The change in law made by this Act applies only
29-27    to a defendant charged with an offense committed or, for the
 30-1    purposes of Title 3,  Family Code, a child alleged to have engaged
 30-2    in conduct that occurs on or after the effective date of this Act.
 30-3    An offense committed or conduct that occurs before the effective
 30-4    date of this Act is covered by the law in effect when the offense
 30-5    was committed or the conduct occurred, and the former law is
 30-6    continued in effect for that purpose.  For purposes of this
 30-7    section, an offense was committed before the effective date of this
 30-8    Act if every element of the offense occurred before that date, and
 30-9    conduct violating a penal law of this state occurred before the
30-10    effective date of this Act if every element of the violation
30-11    occurred before that date.
30-12          SECTION 18.  For purposes of Sections 25.093 and 25.094,
30-13    Education Code, and Section 51.03, Family Code, as amended by this
30-14    Act, and Section 25.0951, Education Code, as added by this Act, an
30-15    absence that occurs during the 2001-2002 school year is included in
30-16    determining the number of a student's absences, regardless of
30-17    whether the absence occurred before the effective date of this Act.
30-18          SECTION 19. This Act takes effect September 1, 2001.