SRC-VRA S.B. 358 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 358
78R3218 YDB-FBy: Shapiro
Jurisprudence
2/26/2003
As Filed


DIGEST AND PURPOSE 

Currently, magistrates in counties with a population of two million or
more are not permitted to hear truancy cases.  As proposed, S.B. 358 would
allow the county judge of a county with a population of two million or
more to appoint magistrates to hear truancy cases, with the county judge
retaining final authority over the decision rendered by the magistrate.
In addition, this bill allows the newly created truancy courts in these
counties to have original jurisdiction over truancy cases.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 26.045, Government Code, by amending Subsection
(c) and adding Subsections (d) and (e), as follows: 

(c)  Sets forth that except as provided by Subsection (d), a county court
that is in a county with a criminal district court does not have an
criminal jurisdiction. 

(d)  Authorizes a county court in a county with a population of two
million or more to accept original jurisdiction over cases alleging a
violation of Section 25.093 (Parent contributing to Truancy) or 25.094
(Failure to Attend School), Education Code. 

(e)  Provides that Subsections (c) and (d) do not affect the jurisdiction
of a statutory county court. 

SECTION 2.  Amends Chapter 54, Government Code, by adding Subchapter V, as
follows: 

SUBCHAPTER V.  MAGISTRATES IN CERTAIN COUNTY COURTS

Sec.  54.1151.  APPLICATION OF SUBCHAPTER.  Sets forth that this
subchapter applies to a constitutional county court in a county with a
population of two million or more. 

Sec.  54.1152.  APPOINTMENT.  (a)  Authorizes a county judge to appoint
one or more fulltime magistrates to hear a matter alleging a violation of
Section 25.093 (Parent Contributing to Truancy) or 25.094 (Failure to
Attend School), Education Code.  

(b)  Provides that an appointment under Subsection (a) is subject to the
approval of the commissioners court. 

  (c)  Sets forth that a magistrate serves at the pleasure of the county
judge. 

 Sec. 54.1153.  QUALIFICATIONS.  Requires a magistrate to meet certain
qualifications. 

 Sec. 54.1154.  COMPENSATION.  Provides that a magistrate is entitled to
the compensation set by the commissioners court.  Requires that
compensation to be paid from the general fund of the county. 

Sec. 54.1155.  POWERS.  Authorizes the magistrate, except as limited by an
order of the county judge, to perform certain duties. 

SECTION 3.  Amends Sections 25.091(a) and (b), Education Code, to provide
that a peace officer serving as an attendance officer has the power and
duty to enforce compulsory school attendance requirements by referring a
student to a juvenile court or filing a complaint against a student in an
appropriate court, rather than a justice or municipal court, if the
student has unexcused absences for the amount of time specified under
Section 25.094 (Failure to Attend School), Education Code or under Section
51.03(b)(2) (Delinquent Conduct; Conduct Indicating a Need for
Supervision), Family Code. Makes a conforming change. 

SECTION 4.  Amends Section 25.093(b), Education Code, to require the
attendance officer or other appropriate school official to file a
complaint against the parent in the constitutional county court of the
county in which the parent resides or in which the school is located, if
the county has a population of two million or more. 

Creates new Subsections (2) and (3) from existing text.

SECTION 5.  Reenacts Section 25.093(d), Education Code, as amended by
Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001, and as
amended and relettered by Chapter 1504, Acts of the 77th Legislature,
Regular Session, 2001, and amends it to require one-half of a fine
collected under this section to be deposited to the credit of the general
fund of the county, if the complaint is filed in the justice court or the
constitutional county court. 

SECTION 6.  Amends Sections 25.094(b) and (c), Education Code, to make
conforming changes. 

SECTION 7.  Amends Section 25.094(d), Education Code, as amended by
Chapter 1297, Acts of the 77th Legislature, Regular Session, 2001, to make
a conforming change. 

SECTION 8.  Amends Section 25.094(d), Education Code, as amended by
Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001, by
relettering it as Subsection (d-1) and amending it to make conforming
changes. 

SECTION 9.  Amends Sections 25.0951(a) and (b), Education Code, to make
conforming changes. 

SECTION 10.  Amends Section 25.0952, Education Code, to make a conforming
change. 

SECTION 11.  Amends Section 54.021, Family Code, as follows:

 Sec.  54.021.  New Heading:  COUNTY, JUSTICE, OR MUNICIPAL COURT:  TRUANCY

  (a)  Makes conforming and nonsubstantive changes.

  (b)  Makes conforming changes.

  (c)  Makes a conforming change.

(d)  Requires, notwithstanding any other law, the costs assessed in a case
filed in a constitutional county court for an offense under Section 25.93
or 25.094, Education Code, to be the same as the costs assessed for case
filed in a justice court for an offense under Section 25.093 (Parent
Contributing to Truancy) or 25.094 (Failure to Attend School),  Education
Code. 

(e)  Authorizes the proceedings before a constitutional county court
related to an offense under Section 25.093  (Parent Contributing to
Truancy)  or 25.094 (Failure to Attend School), Education Code, to be
recorded in any manner provided by Section 30.00010, Government Code, for
recording proceedings in a municipal court of record.   

SECTION 12.  Amends the heading to and the text of Section 54.023, Family
Code, to make conforming changes. 

SECTION 13.  Amends Section 54.04(o) and (u), Family Code, to make
conforming changes. 

SECTION 14.  Amends Article 4.07, Code of Criminal Procedure, to make a
conforming change. 

SECTION 15.  Amends Article 45.054(a), Code of Criminal Procedure, as
added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001
to make a conforming change. 

SECTION 16.  Amends Article 45.055(d), Code of Criminal Procedure, to make
a conforming change. 

SECTION 17.  Effective date:  September 1, 2003.