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 * * * * *