1-1     By:  West                                             S.B. No. 1432
 1-2           (In the Senate - Filed March 8, 2001; March 13, 2001, read
 1-3     first time and referred to Committee on Education; April 17, 2001,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 8, Nays 0; April 17, 2001, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1432            By:  Van de Putte
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to truancy and the authority of justice and municipal
1-10     courts in relation to children; providing criminal penalties.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (f), Section 25.002, Education Code,
1-13     is amended to read as follows:
1-14           (f)  Except as otherwise provided by this subsection, for a
1-15     child to be enrolled in a public school, the child must be enrolled
1-16     by the child's parent or by the child's guardian or other person
1-17     with legal control of the child under a court order.  A school
1-18     district shall record the name, address, and date of birth of the
1-19     person enrolling a child.
1-20           SECTION 2.  Section 25.091, Education Code, is amended to
1-21     read as follows:
1-22           Sec. 25.091.  POWERS AND DUTIES OF PEACE OFFICERS AND OTHER
1-23     ATTENDANCE OFFICERS [OFFICER].  (a)  A peace officer serving as an
1-24     attendance officer has the following powers and duties concerning
1-25     enforcement of compulsory school attendance requirements:
1-26                 (1)  to investigate each case of a violation of
1-27     compulsory school attendance requirements referred to the peace
1-28     officer;
1-29                 (2)  to enforce compulsory school attendance
1-30     requirements by:
1-31                       (A)  referring a student to a juvenile court or
1-32     filing a complaint against a student in a justice or municipal
1-33     court if the student has unexcused absences for the amount of time
1-34     specified under Section 25.094 or under Section 51.03(b)(2), Family
1-35     Code; and
1-36                       (B)  filing a complaint in a justice or municipal
1-37     court against a parent who violates Section 25.093;
1-38                 (3)  to serve court-ordered legal process;
1-39                 (4)  to review school attendance records for compliance
1-40     by each student investigated by the officer;
1-41                 (5)  to maintain an investigative record on each
1-42     compulsory school attendance requirement violation and related
1-43     court action and, at the request of a court, the board of trustees
1-44     of a school district, or the commissioner, to provide a record to
1-45     the individual or entity requesting the record;
1-46                 (6)  to make a home visit or otherwise contact the
1-47     parent of a student who is in violation of compulsory school
1-48     attendance requirements, except that a peace officer may not enter
1-49     a residence without the permission of the parent of a student
1-50     required under this subchapter to attend school or of the tenant or
1-51     owner of the residence except to lawfully serve court-ordered legal
1-52     process on the parent; and
1-53                 (7)  to take a student into custody with the permission
1-54     of the student's parent or in obedience to a court-ordered legal
1-55     process.
1-56           (b)  An attendance officer employed by a school district who
1-57     is not commissioned as a peace officer has the following powers and
1-58     duties with respect to enforcement of compulsory school attendance
1-59     requirements:
1-60                 (1)  to investigate each case of a violation of the
1-61     compulsory school attendance requirements referred to the
1-62     attendance officer;
1-63                 (2)  to enforce compulsory school attendance
1-64     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 monitor school attendance compliance by each
 2-9     student investigated by the officer;
2-10                 (4)  to maintain an investigative record on each
2-11     compulsory school attendance requirement violation and related
2-12     court action and, at the request of a court, the board of trustees
2-13     of a school district, or the commissioner, to provide a record to
2-14     the individual or entity requesting the record;
2-15                 (5)  to make a home visit or otherwise contact the
2-16     parent of a student who is in violation of compulsory school
2-17     attendance requirements, except that the attendance officer may not
2-18     enter a residence without permission of the parent or of the owner
2-19     or tenant of the residence;
2-20                 (6)  at the request of a parent, to escort a student
2-21     from any location to a school campus to ensure the student's
2-22     compliance with compulsory school attendance requirements; and
2-23                 (7)  if the attendance officer has or is informed of a
2-24     court-ordered legal process directing that a student be taken into
2-25     custody and the school district employing the officer does not
2-26     employ its own police department, to contact the sheriff,
2-27     constable, or any peace officer to request that the student be
2-28     taken into custody and processed according to the legal process.
2-29           (c)  In this section:
2-30                 (1)  "Parent" includes a person standing in parental
2-31     relation.
2-32                 (2)  "Peace officer" has the meaning assigned by
2-33     Article 2.12, Code of Criminal Procedure.  [A school attendance
2-34     officer has the following powers and duties:]
2-35                 [(1)  to investigate each case of unexcused absence
2-36     from school;]
2-37                 [(2)  to administer oaths and to serve legal process;]
2-38                 [(3)  to enforce the compulsory school attendance law;]
2-39                 [(4)  to keep a record of each case of any kind
2-40     investigated by the officer in the discharge of the officer's
2-41     duties;]
2-42                 [(5)  to make any report required by the commissioner
2-43     concerning the discharge of the officer's duties; and]
2-44                 [(6)  to refer to a juvenile court or to a justice
2-45     court if the juvenile court has waived jurisdiction as provided by
2-46     Section 54.021(a), Family Code, any student who has unexcused
2-47     voluntary absences for the amount of time specified under Section
2-48     51.03(b)(2), Family Code, or to file a complaint against any person
2-49     standing in parental relation who violates Section 25.093 or to
2-50     file a complaint against a student who violates Section 25.094.]
2-51           [(b)  A school attendance officer may not enter a private
2-52     residence or any part of a private residence without the permission
2-53     of the owner or tenant except to serve lawful process on a parent,
2-54     guardian, or other person standing in parental relation to a child
2-55     to whom the compulsory school attendance law applies.]
2-56           [(c)  A school attendance officer may not forcibly take
2-57     corporal custody of any child anywhere without permission of the
2-58     parent, guardian, or other person standing in parental relation to
2-59     the child except in obedience to a valid process issued by a court
2-60     of competent jurisdiction.]
2-61           SECTION 3.  Section 25.093, Education Code, is amended to
2-62     read as follows:
2-63           Sec. 25.093.  PARENT CONTRIBUTING TO TRUANCY [THWARTING
2-64     COMPULSORY ATTENDANCE LAW].  (a)  If any parent of a child required
2-65     to attend school fails to require the child to attend school as
2-66     required by law, the school attendance officer or other appropriate
2-67     school official shall, as required by Section 25.095, warn the
2-68     parent in writing that attendance is immediately required.
2-69           (b)  If[, after] a warning is issued as required by Section
 3-1     25.095 and [under Subsection (a),] the parent with criminal
 3-2     negligence fails to require the child to attend school as required
 3-3     by law, and the child has [unexcused voluntary] absences for the
 3-4     amount of time specified under Section 25.094 [51.03(b)(2), Family
 3-5     Code], the parent commits an offense.
 3-6           (c)  The attendance officer or other appropriate school
 3-7     official shall file a complaint against the parent [in the county
 3-8     court,] in a justice court of any precinct in the county in which
 3-9     the parent resides or in which the school is located[,] or in a
3-10     municipal court of the municipality in which the parent resides or
3-11     in which the school is located.  [The attendance officer shall file
3-12     a complaint under this section in the court to which the parent's
3-13     child has been referred for engaging in conduct described in
3-14     Section 51.03(b)(2), Family Code, if a referral has been made for
3-15     the child.  If a referral has not been made, the attendance officer
3-16     shall refer the child to the county juvenile probation department
3-17     for action as engaging in conduct indicating a need for supervision
3-18     under that section.]
3-19           (d)  [A court in which a complaint is filed under this
3-20     section shall give preference to a hearing on the complaint over
3-21     other cases before the court.]
3-22           [(e)]  An offense under Subsection (b) [this section] is a
3-23     Class C misdemeanor.  Each day the child remains out of school
3-24     after the warning has been given or the child has been ordered to
3-25     attend school by the municipal or justice [juvenile] court may
3-26     constitute a separate offense.  Two or more offenses under
3-27     Subsection (b) [this section] may be consolidated and prosecuted in
3-28     a single action.  If the court orders deferred disposition under
3-29     Article 45.051, Code of Criminal Procedure [probates the sentence],
3-30     the court may require the defendant to provide [render] personal
3-31     services to a charitable or educational institution as a condition
3-32     of the deferral [probation].
3-33           (e) [(f)]  A fine collected under this section shall be
3-34     deposited as follows:
3-35                 (1)  one-half shall be deposited to the credit of the
3-36     operating fund of the school district in which the child attends
3-37     school or of the juvenile justice alternative education program
3-38     that the child has been ordered to attend, as applicable; and
3-39                 (2)  one-half shall be deposited to the credit of:
3-40                       (A)  the general fund of the county, if the
3-41     complaint is filed in the [county court or] justice court; or
3-42                       (B)  the general fund of the municipality, if the
3-43     complaint is filed in municipal court.
3-44           (f) [(g)]  At the trial of any person charged with violating
3-45     Subsection (b) [this section], the attendance records of the child
3-46     may be presented in court by any authorized employee of the school
3-47     district.
3-48           (g) [(h)]  The court in which a conviction, deferred
3-49     adjudication, or deferred disposition for an offense under
3-50     Subsection (b) [this section] occurs may order the defendant to
3-51     attend a program [class] for parents of students with unexcused
3-52     absences that provides instruction designed to assist those parents
3-53     in identifying problems that contribute to the students' unexcused
3-54     absences and in developing strategies for resolving those problems
3-55     if a program is available [the school district in which the person
3-56     resides offers such a class].
3-57           (h)  If a parent refuses to obey a court order entered under
3-58     this section, the court may punish the parent for contempt of court
3-59     under Section 21.002, Government Code.
3-60           (i)  It is an affirmative defense to prosecution for an
3-61     offense under Subsection (b) that one or more of the absences
3-62     required to be proven under Subsection (b) was excused by a school
3-63     official or should be excused by the court.  The burden is on the
3-64     defendant to show by a preponderance of the evidence that the
3-65     absence has been or should be excused.  A decision by the court to
3-66     excuse an absence for purposes of this section does not affect the
3-67     ability of the school district to determine whether to excuse the
3-68     absence for another purpose.
3-69           (j) [(i)]  In this section, "parent" includes a person
 4-1     standing in parental relation.
 4-2           SECTION 4.  Section 25.094, Education Code, is amended to
 4-3     read as follows:
 4-4           Sec. 25.094.  Failure to Attend School.  (a)  An individual
 4-5     [A child] commits an offense if the individual [child]:
 4-6                 (1)  is required to attend school under Section 25.085;
 4-7     and
 4-8                 (2)  fails to attend school on 10 or more days or parts
 4-9     of days within a six-month period in the same school year or on
4-10     three or more days or parts of days within a four-week period [for
4-11     the amount of time specified under Section 51.03(b)(2), Family
4-12     Code, and is not excused under Section 25.087].
4-13           (b)  An offense under this section may be prosecuted in a
4-14     justice court of any precinct in the county in which the individual
4-15     [child] resides or in which the school is located or in a municipal
4-16     court in the municipality in which the individual [child] resides
4-17     or in which the school is located.
4-18           (c)  On a finding by the justice or municipal court that the
4-19     individual [child] has committed an offense under Subsection (a),
4-20     the court may enter an order that includes one or more of the
4-21     requirements listed in Article 45.054, Code of Criminal Procedure
4-22     [Section 54.021(d), Family Code].
4-23           (d)  [If the justice or municipal court finds that a child
4-24     has violated an order issued under Subsection (c), the court shall
4-25     transfer the complaint against the child, together with all
4-26     pleadings and orders, to a juvenile court for the county in which
4-27     the child resides.  The juvenile court shall conduct an
4-28     adjudication hearing as provided by Section 54.03, Family Code.
4-29     The adjudication hearing shall be de novo.]
4-30           [(e)]  Pursuant to an order of the justice or municipal court
4-31     based on an affidavit showing probable cause to believe that an
4-32     individual has committed an offense under this section, a peace
4-33     officer may take the individual [a child] into custody [if there
4-34     are reasonable grounds to believe that the child has committed an
4-35     offense under this section].  A peace officer taking an individual
4-36     [a child] into custody under this subsection shall:
4-37                 (1)  promptly notify the individual's [child's] parent,
4-38     guardian, or custodian of the officer's action and the reason for
4-39     that action; and
4-40                 (2)  without unnecessary delay:
4-41                       (A)  release the individual [child] to the
4-42     individual's [child's] parent, guardian, or custodian or to another
4-43     responsible adult, if the person promises to bring the individual
4-44     [child] to the justice or municipal court as requested by the
4-45     court; or
4-46                       (B)  bring the individual [child] to a justice or
4-47     municipal court with venue over the offense [the justice of the
4-48     peace of the court having jurisdiction over the child].
4-49           (e) [(f)]  An offense under this section is a Class C
4-50     misdemeanor.
4-51           (f)  It is an affirmative defense to prosecution under this
4-52     section that one or more of the absences required to be proven
4-53     under Subsection (a) was excused by a school official or should be
4-54     excused by the court.  The burden is on the defendant to show by a
4-55     preponderance of the evidence that the absence has been or should
4-56     be excused.  A decision by the court to excuse an absence for
4-57     purposes of this section does not affect the ability of the school
4-58     district to determine whether to excuse the absence for another
4-59     purpose.
4-60           (g)  It is an affirmative defense to prosecution under this
4-61     section that one or more of the absences required to be proven
4-62     under Subsection (a) was involuntary.  The burden is on the
4-63     defendant to show by a preponderance of the evidence that the
4-64     absence was involuntary.  [Any person convicted of not more than
4-65     one violation under this section while a minor, on attaining the
4-66     age of 18 years, may apply to the court in which the person was
4-67     convicted to have the conviction expunged.]
4-68           [(h)  The application must contain the applicant's sworn
4-69     statement that the person was not convicted of any violation of
 5-1     this section while a minor other than the one the person seeks to
 5-2     have expunged.]
 5-3           [(i)  If the court finds that the applicant was not convicted
 5-4     of any other violation of this section while the person was a
 5-5     minor, the court shall order the conviction, together with all
 5-6     complaints, verdicts, sentences, and other documents relating to
 5-7     the offense, to be expunged from the applicant's record.  After
 5-8     entry of the order, the applicant shall be released from all
 5-9     disabilities resulting from the conviction, and the conviction may
5-10     not be shown or made known for any purpose.]
5-11           SECTION 5.  Section 25.095, Education Code, is amended to
5-12     read as follows:
5-13           Sec. 25.095.  Warning Notice.  (a)(1)  A school district
5-14     shall notify a student's parent or legal guardian in writing at the
5-15     beginning of the school year that if[, in a six-month period,] the
5-16     student is [has been] absent from school three days or parts of
5-17     days in a four-week period without parental consent or is absent
5-18     without an excuse for 10 or more days or parts of days in a
5-19     six-month period:
5-20                       (A)  the student's parent or legal guardian is
5-21     subject to prosecution under Section 25.093; and
5-22                       (B)  the student is subject to prosecution under
5-23     Section 25.094 [five times for any part of the day].
5-24                 (2)  The notice must:
5-25                       (A)  inform the parent that:
5-26                             (i)  it is the parent's duty to monitor the
5-27     student's school attendance and require the student to attend
5-28     school; and
5-29                             (ii)  the parent is subject to prosecution
5-30     under Section 25.093(b) for failure to require the child to attend
5-31     school as required by law; and
5-32                       (B)  request a conference between school
5-33     officials and the parent to discuss the absences [state that if the
5-34     student is absent without an excuse for 10 or more days or parts of
5-35     days in a six-month period:]
5-36                 [(1)  the student's parent is subject to prosecution
5-37     under Section 25.093; and]
5-38                 [(2)  the student is subject to prosecution under
5-39     Section 25.094].
5-40           (b)  [Notice is not required under this section if the
5-41     student is a party to a juvenile court proceeding for conduct
5-42     described by Section 51.03(b)(2), Family Code.]
5-43           [(c)]  The fact that a parent did not receive a notice under
5-44     this section does not create a defense to prosecution under Section
5-45     25.093 or 25.094.
5-46           (c) [(d)]  In this section, "parent" includes a person
5-47     standing in parental relation.
5-48           SECTION 6.  Subchapter C, Chapter 25, Education Code, is
5-49     amended by adding Sections 25.0951 and 25.0952 to read as follows:
5-50           Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
5-51     FAILURE TO ATTEND SCHOOL.  (a)  If a student fails to attend school
5-52     without excuse on 10 or more days or parts of days within a
5-53     six-month period in the same school year, a school district shall:
5-54                 (1)  file a complaint against the student or the
5-55     student's parent or both in a justice or municipal court for an
5-56     offense under Section 25.093 or 25.094, as appropriate; or
5-57                 (2)  refer the student to a juvenile court for conduct
5-58     indicating a need for supervision under Section 51.03(b)(2), Family
5-59     Code.
5-60           (b)  If a student fails to attend school without excuse on
5-61     three or more days or parts of days within a four-week period but
5-62     does not fail to attend school for the time described by Subsection
5-63     (a), the school district may:
5-64                 (1)  file a complaint against the student or the
5-65     student's parent or both in a justice or municipal court for an
5-66     offense under Section 25.093 or 25.094, as appropriate; or
5-67                 (2)  refer the student to a juvenile court for conduct
5-68     indicating a need for supervision under Section 51.03(b)(2), Family
5-69     Code.
 6-1           (c)  In this section, "parent" includes a person standing in
 6-2     parental relation.
 6-3           Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED
 6-4     OFFENSES.  In a proceeding in a justice or municipal court based on
 6-5     a complaint under Section 25.093 or 25.094, the court shall, except
 6-6     as otherwise provided by this chapter, use the procedures and
 6-7     exercise the powers authorized by Chapter 45, Code of Criminal
 6-8     Procedure.
 6-9           SECTION 7.  Article 45.050, Code of Criminal Procedure, is
6-10     amended to read as follows:
6-11           Art. 45.050.  FAILURE TO PAY FINE; CONTEMPT: JUVENILES.
6-12     (a)  In this article, "child" has the meaning assigned by Article
6-13     45.058(h).
6-14           (b)  A justice [court] or municipal court may not order the
6-15     confinement of a [person who is a] child [for the purposes of Title
6-16     3, Family Code,] for:
6-17                 (1)  the failure to pay all or any part of a fine or
6-18     costs imposed for the conviction of an offense punishable by fine
6-19     only; or
6-20                 (2)  contempt of another order of a justice or
6-21     municipal court.
6-22           (c) [(b)]  If a [person who is a] child [under Section 51.02,
6-23     Family Code,] fails to obey an order of a justice or municipal
6-24     court under circumstances that would constitute contempt of court,
6-25     the justice or municipal court [has jurisdiction to]:
6-26                 (1)  has jurisdiction to [hold the child in contempt of
6-27     the justice or municipal court order as provided by Section
6-28     52.027(h), Family Code; or]
6-29                 [(2)]  refer the child to the appropriate juvenile
6-30     court for delinquent conduct for contempt of the justice or
6-31     municipal court order; or
6-32                 (2)  may retain jurisdiction of the case and:
6-33                       (A)  hold the child in contempt of the justice or
6-34     municipal court order and impose a fine not to exceed $500; or
6-35                       (B)  order the Department of Public Safety to
6-36     suspend the child's driver's license or permit or, if the child
6-37     does not have a license or permit, to deny the issuance of a
6-38     license or permit to the child until the child fully complies with
6-39     the orders of the court.
6-40           (d)  A court that orders suspension or denial of a driver's
6-41     license or permit under Subsection (c)(2)(B) shall notify the
6-42     Department of Public Safety on receiving proof that the child has
6-43     fully complied with the orders of the court.
6-44           SECTION 8.  Subchapter B, Chapter 45, Code of Criminal
6-45     Procedure, is amended by adding Articles 45.054 through 45.059 to
6-46     read as follows:
6-47           Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS.  (a)  On
6-48     a finding by a justice or municipal court that an individual has
6-49     committed an offense under Section 25.094, Education Code, the
6-50     court has jurisdiction to enter an order that includes one or more
6-51     of the following provisions requiring that:
6-52                 (1)  the individual:
6-53                       (A)  attend school without unexcused absences;
6-54                       (B)  attend a preparatory class for the high
6-55     school equivalency examination administered under Section 7.111,
6-56     Education Code, if the court determines that the individual is too
6-57     old to do well in a formal classroom environment; or
6-58                       (C)  if the individual is at least 16 years of
6-59     age, take the high school equivalency examination administered
6-60     under Section 7.111, Education Code;
6-61                 (2)  the individual attend a special program that the
6-62     court determines to be in the best interest of the individual,
6-63     including:
6-64                       (A)  an alcohol and drug abuse program;
6-65                       (B)  a rehabilitation program;
6-66                       (C)  a counseling program, including
6-67     self-improvement counseling;
6-68                       (D)  a program that provides training in
6-69     self-esteem and leadership;
 7-1                       (E)  a work and job skills training program;
 7-2                       (F)  a program that provides training in
 7-3     parenting, including parental responsibility;
 7-4                       (G)  a program that provides training in manners;
 7-5                       (H)  a program that provides training in violence
 7-6     avoidance;
 7-7                       (I)  a program that provides sensitivity
 7-8     training; and
 7-9                       (J)  a program that provides training in advocacy
7-10     and mentoring;
7-11                 (3)  the individual and the individual's parent attend
7-12     a class for students at risk of dropping out of school designed for
7-13     both the individual and the individual's parent;
7-14                 (4)  the individual complete reasonable community
7-15     service requirements; or
7-16                 (5)  for the total number of hours ordered by the
7-17     court, the individual participate in a tutorial program covering
7-18     the academic subjects in which the student is enrolled provided by
7-19     the school the individual attends.
7-20           (b)  An order under Subsection (a)(3) that requires the
7-21     parent of an individual to attend a class for students at risk of
7-22     dropping out of school is enforceable in the justice or municipal
7-23     court by contempt.
7-24           (c)  A court having jurisdiction under this section shall
7-25     endorse on the summons issued to the parent of the individual who
7-26     is the subject of the hearing an order directing the parent to
7-27     appear personally at the hearing and directing the person having
7-28     custody of the individual to bring the individual to the hearing.
7-29           (d)  An individual commits an offense if the individual is a
7-30     parent who fails to attend a hearing under this section after
7-31     receiving notice under Subsection (c) that the individual's
7-32     attendance is required.  An offense under this subsection is a
7-33     Class C misdemeanor.
7-34           (e)  On the commencement of proceedings under this article,
7-35     the court shall inform the individual who is the subject of the
7-36     hearing and the individual's parent in open court of the
7-37     individual's expunction rights and provide the individual and the
7-38     individual's parent with a written copy of Article 45.055.
7-39           (f)  In addition to any other order authorized by this
7-40     article, the court may order the Department of Public Safety to
7-41     suspend the driver's license or permit of the individual who is the
7-42     subject of the hearing or, if the individual does not have a
7-43     license or permit, to deny the issuance of a license or permit to
7-44     the individual for a period specified by the court not to exceed
7-45     365 days.
7-46           (g)  A dispositional order under this article is effective
7-47     for the period specified by the court in the order but may not
7-48     extend beyond the 180th day after the date of the order or beyond
7-49     the end of the school year in which the order was entered,
7-50     whichever period is longer.
7-51           (h)  In this article, "parent" includes a person standing in
7-52     parental relation.
7-53           Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
7-54     TO ATTEND SCHOOL CASES.  (a)  An individual convicted of not more
7-55     than one violation of Section 25.094, Education Code, may, on or
7-56     after the individual's 18th birthday, apply to the court in which
7-57     the individual was convicted to have the conviction and records
7-58     relating to the conviction expunged.
7-59           (b)  To apply for an expunction, the applicant must submit a
7-60     written request that:
7-61                 (1)  is made under oath;
7-62                 (2)  states that the applicant has not been convicted
7-63     of more than one violation of Section 25.094, Education Code; and
7-64                 (3)  is in the form determined by the applicant.
7-65           (c)  The court may expunge the conviction and records
7-66     relating to the conviction without a hearing or, if facts are in
7-67     doubt, may order a hearing on the application.  If the court finds
7-68     that the applicant has not been convicted of more than one
7-69     violation of Section 25.094, Education Code, the court shall order
 8-1     the conviction, together with all complaints, verdicts, sentences,
 8-2     and other documents relating to the offense, including any
 8-3     documents in the possession of a school district or law enforcement
 8-4     agency, to be expunged from the applicant's record.  After entry of
 8-5     the order, the applicant is released from all disabilities
 8-6     resulting from the conviction, and the conviction may not be shown
 8-7     or made known for any purpose.  The court shall inform the
 8-8     applicant of the court's decision on the application.
 8-9           (d)  The justice or municipal court may not require an
8-10     individual who files an application under this article to pay any
8-11     fee or court costs for seeking expunction.
8-12           Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
8-13     REIMBURSEMENT.  (a)  On approval of the commissioners court, city
8-14     council, school district board of trustees, juvenile board, or
8-15     other appropriate  authority, a justice court, municipal court,
8-16     school district, juvenile probation department, or other
8-17     appropriate governmental entity may:
8-18                 (1)  employ a case manager to provide services in
8-19     truancy cases; or
8-20                 (2)  agree in accordance with Chapter 791, Government
8-21     Code, to jointly employ a case manager to provide services in
8-22     truancy cases.
8-23           (b)  A local entity may apply or more than one local entity
8-24     may jointly apply to the criminal justice division of the
8-25     governor's office for reimbursement of all or part of the costs of
8-26     employing one or more truancy case managers from funds appropriated
8-27     to the governor's office or otherwise available for that purpose.
8-28     To be eligible for  reimbursement, the entity applying must present
8-29     to the governor's office a comprehensive plan to reduce truancy in
8-30     the entity's jurisdiction that addresses the role of the case
8-31     manager in that effort.
8-32           Art. 45.057.  OFFENSES COMMITTED BY JUVENILES.  (a)  In this
8-33     article, "child" has the meaning assigned by Article 45.058(h).
8-34           (b)  On a finding by a justice or municipal court that a
8-35     child committed an offense that the court has jurisdiction of under
8-36     Article 4.11 or 4.14, other than a traffic offense, the court has
8-37     jurisdiction to enter an order:
8-38                 (1)  referring the child or the child's parent,
8-39     managing conservator, or guardian for services under Section
8-40     264.302, Family Code;
8-41                 (2)  requiring that the child attend a special program
8-42     that the court determines to be in the best interest of the child
8-43     and, if the program involves the expenditure of county funds, that
8-44     is approved by the county commissioners court, including a
8-45     rehabilitation, counseling, self-esteem and leadership, work and
8-46     job skills training, job interviewing and work preparation,
8-47     self-improvement, parenting, manners, violence avoidance, tutoring,
8-48     sensitivity training, parental responsibility, community service,
8-49     restitution, advocacy, or mentoring program; or
8-50                 (3)  if the court finds the parent, managing
8-51     conservator, or guardian, by act or omission, contributed to,
8-52     caused, or encouraged the child's conduct, requiring that the
8-53     child's parent, managing conservator, or guardian do any act or
8-54     refrain from doing any act that the court determines will increase
8-55     the likelihood that the child will comply with the orders of the
8-56     court and that is reasonable and necessary for the welfare of the
8-57     child, including:
8-58                       (A)  attend a parenting class or parental
8-59     responsibility program; and
8-60                       (B)  attend the child's school classes or
8-61     functions.
8-62           (c)  The justice or municipal court may order the parent,
8-63     managing conservator, or guardian of a child required to attend a
8-64     program under Subsection (b) to pay an amount not greater than $100
8-65     to pay for the costs of the program.
8-66           (d)  A justice or municipal court may require a child,
8-67     parent, managing conservator, or guardian required to attend a
8-68     program, class, or function under this article to submit proof of
8-69     attendance to the court.
 9-1           (e)  A justice or municipal court shall endorse on the
 9-2     summons issued to a parent, managing conservator, or guardian an
 9-3     order to appear personally at the hearing with the child.  The
 9-4     summons must include a warning that the failure of the parent,
 9-5     managing conservator, or guardian to appear may be punishable as a
 9-6     Class C misdemeanor.
 9-7           (f)  An order under this article involving a child is
 9-8     enforceable under Article 45.050.
 9-9           (g)  A person commits an offense if the person is a parent,
9-10     managing conservator, or guardian who fails to attend a hearing
9-11     under this article after receiving an order under Subsection (e).
9-12     An offense under this subsection is a Class C misdemeanor.
9-13           (h)  Any other order under this article is enforceable by the
9-14     justice or municipal court by contempt.
9-15           Art. 45.058.  CHILDREN TAKEN INTO CUSTODY.  (a)  A child may
9-16     be released to the child's parent, guardian, custodian, or other
9-17     responsible adult as provided by Section 52.02(a)(1), Family Code,
9-18     if the child is taken into custody for an offense that a justice or
9-19     municipal court has jurisdiction of under Article 4.11 or 4.14,
9-20     other than public intoxication.
9-21           (b)  A child described by Subsection (a) must be taken only
9-22     to a place previously designated by the head of the law enforcement
9-23     agency with custody of the child as an appropriate place of
9-24     nonsecure custody for children unless the child:
9-25                 (1)  is released under Section 52.02(a)(1), Family
9-26     Code; or
9-27                 (2)  is taken before a justice or municipal court.
9-28           (c)  A place of nonsecure custody for children must be an
9-29     unlocked, multipurpose area.  A lobby, office, or interrogation
9-30     room is suitable if the area is not designated, set aside, or used
9-31     as a secure detention area and is not part of a secure detention
9-32     area.  A place of nonsecure custody may be a juvenile processing
9-33     office designated under Section 52.025, Family Code, if the area is
9-34     not locked when it is used as a place of nonsecure custody.
9-35           (d)  The following procedures shall be followed in a place of
9-36     nonsecure custody for children:
9-37                 (1)  a child may not be secured physically to a cuffing
9-38     rail, chair, desk, or other stationary object;
9-39                 (2)  the child may be held in the nonsecure facility
9-40     only long enough to accomplish the purpose of identification,
9-41     investigation, processing, release to parents, or the arranging of
9-42     transportation to the appropriate juvenile court, juvenile
9-43     detention facility, secure detention facility, justice court, or
9-44     municipal court;
9-45                 (3)  residential use of the area is prohibited; and
9-46                 (4)  the child shall be under continuous visual
9-47     supervision by a law enforcement officer or facility staff person
9-48     during the time the child is in nonsecure custody.
9-49           (e)  Notwithstanding any other provision of this article, a
9-50     child may not, under any circumstances, be detained in a place of
9-51     nonsecure custody for more than six hours.
9-52           (f)  A child taken into custody for an offense that a justice
9-53     or municipal court has jurisdiction of under Article 4.11 or 4.14,
9-54     other than public intoxication, may be presented or detained in a
9-55     detention facility designated by the juvenile court under Section
9-56     52.02(a)(3), Family Code, only if:
9-57                 (1)  the child's nontraffic case is transferred to the
9-58     juvenile court by a justice or municipal court under Section
9-59     51.08(b), Family Code; or
9-60                 (2)  the child is referred to the juvenile court by a
9-61     justice or municipal court for contempt of court under Article
9-62     45.050.
9-63           (g)  A law enforcement officer may issue a field release
9-64     citation as provided by Article 14.06 in place of taking in a child
9-65     into custody for a traffic offense or an offense, other than public
9-66     intoxication, punishable by fine only.
9-67           (h)  In this article, "child" means a person who is:
9-68                 (1)  at least 10 years of age and younger than 17 years
9-69     of age; and
 10-1                (2)  charged with or convicted of an offense that a
 10-2    justice or municipal court has jurisdiction of under Article 4.11
 10-3    or 4.14.
 10-4          Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
 10-5    JUVENILE CURFEW OR ORDER.  (a)  A peace officer taking into custody
 10-6    a person younger than 17 years of age for violation of a juvenile
 10-7    curfew ordinance of a municipality or order of the commissioners
 10-8    court of a county shall, without unnecessary delay:
 10-9                (1)  release the person to the person's parent,
10-10    guardian, or custodian;
10-11                (2)  take the person before a justice or municipal
10-12    court to answer the charge; or
10-13                (3)  take the person to a place designated as a
10-14    juvenile curfew processing office by the head of the law
10-15    enforcement agency having custody of the person.
10-16          (b)  A juvenile curfew processing office must observe the
10-17    following procedures:
10-18                (1)  the office must be an unlocked, multipurpose area
10-19    that is not designated, set aside, or used as a secure detention
10-20    area or part of a secure detention area;
10-21                (2)  the person may not be secured physically to a
10-22    cuffing rail, chair, desk, or stationary object;
10-23                (3)  the person may not be held longer than necessary
10-24    to accomplish the purposes of identification, investigation,
10-25    processing, release to a parent, guardian, or custodian, or
10-26    arrangement of transportation to school or court;
10-27                (4)  a juvenile curfew processing office may not be
10-28    designated or intended for residential purposes;
10-29                (5)  the person must be under continuous visual
10-30    supervision by a peace officer or other person during the time the
10-31    person is in the juvenile curfew processing office; and
10-32                (6)  a person may not be held in a juvenile curfew
10-33    processing office for more than six hours.
10-34          (c)  A place designated under this article as a juvenile
10-35    curfew processing office is not subject to the approval of the
10-36    juvenile board having jurisdiction where the governmental entity is
10-37    located.
10-38          SECTION 9.  Subsection (d), Article 102.014, Code of Criminal
10-39    Procedure, is amended to read as follows:
10-40          (d)  A person convicted of an offense under Section 25.093 or
10-41    25.094, Education Code, [or a child convicted of an offense under
10-42    Section 25.094, Education Code,] shall pay as taxable court costs
10-43    $20 in addition to other taxable court costs.  The additional court
10-44    costs under this subsection shall be collected in the same manner
10-45    that other fines and taxable court costs in the case are collected.
10-46          SECTION 10.  Subsections (b), (d), and (e), Section 51.03,
10-47    Family Code, are amended to read as follows:
10-48          (b)  Conduct indicating a need for supervision is:
10-49                (1)  subject to Subsection (f) [of this section],
10-50    conduct, other than a traffic offense, that violates:
10-51                      (A)  the penal laws of this state of the grade of
10-52    misdemeanor that are punishable by fine only; or
10-53                      (B)  the penal ordinances of any political
10-54    subdivision of this state;
10-55                (2)  the [unexcused voluntary] absence of a child on 10
10-56    or more days or parts of days within a six-month period in the same
10-57    school year or on three or more days or parts of days within a
10-58    four-week period from school [without the consent of his parents];
10-59                (3)  the voluntary absence of a child from the child's
10-60    [his] home without the consent of the child's [his] parent or
10-61    guardian for a substantial length of time or without intent to
10-62    return;
10-63                (4)  conduct prohibited by city ordinance or by state
10-64    law involving the inhalation of the fumes or vapors of paint and
10-65    other protective coatings or glue and other adhesives and the
10-66    volatile chemicals itemized in Section 484.002, Health and Safety
10-67    Code;
10-68                (5)  an act that violates a school district's
10-69    previously communicated written standards of student conduct for
 11-1    which the child has been expelled under Section 37.007(c),
 11-2    Education Code; or
 11-3                (6)  conduct that violates a reasonable and lawful
 11-4    order of a court entered under Section 264.305.
 11-5          (d)  It is an affirmative defense to an allegation of conduct
 11-6    under Subsection (b)(2) that one or more of the absences required
 11-7    to be proven under that subsection have been excused by a school
 11-8    official or should be excused by the court or that one of the
 11-9    absences was involuntary.  The burden is on the respondent to show
11-10    by a preponderance of the evidence that the absence has been or
11-11    should be excused or that the absence was involuntary.  A decision
11-12    by the court to excuse an absence for purposes of this subsection
11-13    does not affect the ability of the school district to determine
11-14    whether to excuse the absence for another purpose.  [For the
11-15    purpose of Subsection (b)(2) of this section an absence is excused
11-16    when the absence results from:]
11-17                [(1)  illness of the child;]
11-18                [(2)  illness or death in the family of the child;]
11-19                [(3)  quarantine of the child and family;]
11-20                [(4)  weather or road conditions making travel
11-21    dangerous;]
11-22                [(5)  an absence approved by a teacher, principal, or
11-23    superintendent of the school in which the child is enrolled; or]
11-24                [(6)  circumstances found reasonable and proper.]
11-25          (e)  For the purposes of [Subdivisions (2) and (3) of]
11-26    Subsection (b)(3) [(b) of this section], "child" does not include a
11-27    person who is married, divorced, or widowed.
11-28          SECTION 11.  Subsection (a), Section 51.12, Family Code, is
11-29    amended to read as follows:
11-30          (a)  Except as provided by Subsection (h), a child may be
11-31    detained only in a:
11-32                (1)  juvenile processing office in compliance with
11-33    Section 52.025;
11-34                (2)  place of nonsecure custody in compliance with
11-35    Article 45.058, Code of Criminal Procedure [Section 52.027];
11-36                (3)  certified juvenile detention facility that
11-37    complies with the requirements of Subsection (f);
11-38                (4)  secure detention facility as provided by
11-39    Subsection (j); or
11-40                (5)  county jail or other facility as provided by
11-41    Subsection (l).
11-42          SECTION 12.  Subsection (b), Section 54.021, Family Code, is
11-43    amended to read as follows:
11-44          (b)  A justice or municipal court may exercise jurisdiction
11-45    over a person alleged to have engaged in conduct indicating a need
11-46    for supervision by engaging in conduct described in Section
11-47    51.03(b)(2) in a case where:
11-48                (1)  the juvenile court has waived its original
11-49    jurisdiction under this section; and
11-50                (2)  a complaint is filed by the appropriate authority
11-51    in the justice or municipal court charging an offense under Section
11-52    25.094, Education Code.
11-53          (c)  A proceeding in a justice or municipal court on a
11-54    complaint charging an offense under Section 25.094, Education Code,
11-55    is governed by Chapter 45, Code of Criminal Procedure [A justice or
11-56    municipal court may exercise jurisdiction under this section
11-57    without regard to whether the justice of the peace or municipal
11-58    judge for the court is a licensed attorney or the hearing for a
11-59    case is before a jury consisting of six persons].
11-60          SECTION 13.  Subsection (f), Section 54.041, Family Code, is
11-61    amended to read as follows:
11-62          (f)  If a child is found to have engaged in conduct
11-63    indicating a need for supervision described under Section
11-64    51.03(b)(2) [of this code], the court may order the child's parents
11-65    or guardians to attend a program [class] described by Section
11-66    25.093(g) [25.093(h)], Education Code, if a program is available
11-67    [the school district in which the child's parents or guardians
11-68    reside offers a class under that section].
11-69          SECTION 14.  Subsection (e), Section 264.302, Family Code, is
 12-1    amended to read as follows:
 12-2          (e)  The department shall provide services for a child and
 12-3    the child's family if a contract to provide services under this
 12-4    section is available in the county and the child is referred to the
 12-5    department as an at-risk child by:
 12-6                (1)  a court under Section 264.304;
 12-7                (2)  a juvenile court or probation department as part
 12-8    of a progressive sanctions program under Chapter 59;
 12-9                (3)  a law enforcement officer or agency under Section
12-10    52.03; or
12-11                (4)  a justice or municipal court under Article 45.057,
12-12    Code of Criminal Procedure [Section 54.022].
12-13          SECTION 15.  Subsection (a), Section 7.111, Education Code,
12-14    as amended by Chapters 76 and 1282, Acts of the 76th Legislature,
12-15    Regular Session, 1999, is amended to read as follows:
12-16          (a)  The board shall provide for the administration of high
12-17    school equivalency examinations.  A person who does not have a high
12-18    school diploma may take the examination in accordance with rules
12-19    adopted by the board if the person is:
12-20                (1)  over 17 years of age; [or]
12-21                (2)  16 years of age or older and:
12-22                      (A)  is enrolled in a Job Corps training program
12-23    under the Job Training Partnership Act (29 U.S.C. Section 1501 et
12-24    seq.), and its subsequent amendments; or
12-25                      (B)  a public agency providing supervision of the
12-26    person or having custody of the person under a court order
12-27    recommends that the person take the examination; or
12-28                (3)  required to take the examination under a justice
12-29    or municipal court order issued under Article 45.054(a)(1)(B), Code
12-30    of Criminal Procedure [Section 54.021(d)(1)(B), Family Code].
12-31          SECTION 16.  Subsection (b), Section 351.903, Local
12-32    Government Code, is amended to read as follows:
12-33          (b)  This authority includes the authority to:
12-34                (1)  establish the hours of the curfew, including
12-35    different hours for different days of the week;
12-36                (2)  apply different curfew hours to different age
12-37    groups of juveniles;
12-38                (3)  describe the kinds of conduct subject to the
12-39    curfew;
12-40                (4)  determine the locations to which the curfew
12-41    applies;
12-42                (5)  determine which persons incur liability if a
12-43    violation of the curfew occurs;
12-44                (6)  prescribe procedures, in compliance with Article
12-45    45.059, Code of Criminal Procedure [Section 52.028, Family Code], a
12-46    police officer must follow in enforcing the curfew; and
12-47                (7)  establish exemptions to the curfew, including but
12-48    not limited to exemptions for times when there are no classes being
12-49    conducted, for holidays, and for persons going to or from work.
12-50          SECTION 17.  (a)  Section 25.096, Education Code, is
12-51    repealed.
12-52          (b)  Sections 52.027 and 52.028, Subsections (c) through (h),
12-53    Section 54.021, and Section 54.022, Family Code, are repealed.
12-54          SECTION 18.  The change in law made by this Act applies only
12-55    to a defendant charged with an offense committed or, for the
12-56    purposes of Title 3, Family Code, a child alleged to have engaged
12-57    in conduct that occurs on or after the effective date of this Act.
12-58    An offense committed or conduct that occurs before the effective
12-59    date of this Act is covered by the law in effect when the offense
12-60    was committed or the conduct occurred, and the former law is
12-61    continued in effect for that purpose.  For purposes of this
12-62    section, an offense was committed before the effective date of this
12-63    Act if every element of the offense occurred before that date, and
12-64    conduct violating a penal law of this state occurred before the
12-65    effective date of this Act if every element of the violation
12-66    occurred before that date.
12-67          SECTION 19.  For purposes of Sections 25.093 and 25.094,
12-68    Education Code, and Section 51.03, Family Code, as amended by this
12-69    Act, and Section 25.0951, Education Code, as added by this Act, an
 13-1    absence that occurs during the 2001-2002 school year is included in
 13-2    determining the number of a student's absences, regardless of
 13-3    whether the absence occurred before the effective date of this Act.
 13-4          SECTION 20.  This Act takes effect September 1, 2001.
 13-5                                 * * * * *