78R8206 YDB-F
By: Goodman H.B. No. 2087
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of constitutional county courts over
truancy cases and the appointment of magistrates to hear truancy
cases in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 26.045, Government Code, is amended by
amending Subsection (c) and adding Subsections (d) and (e) to read
as follows:
(c) Except as provided by Subsection (d), a [A] county court
that is in a county with a criminal district court does not have any
criminal jurisdiction.
(d) A county court in a county with a population of two
million or more has original jurisdiction over cases alleging a
violation of Section 25.093 or 25.094, Education Code.
(e) Subsections (c) and (d) do [This subsection does] not
affect the jurisdiction of a statutory county court.
SECTION 2. Chapter 54, Government Code, is amended by
adding Subchapter V to read as follows:
SUBCHAPTER V. MAGISTRATES IN CERTAIN COUNTY COURTS
Sec. 54.1151. APPLICATION OF SUBCHAPTER. This subchapter
applies to a constitutional county court in a county with a
population of two million or more.
Sec. 54.1152. APPOINTMENT. (a) The county judge may
appoint one or more full-time magistrates to hear a matter alleging
a violation of Section 25.093 or 25.094, Education Code.
(b) An appointment under Subsection (a) is subject to the
approval of the commissioners court.
(c) A magistrate serves at the pleasure of the county judge.
Sec. 54.1153. QUALIFICATIONS. A magistrate must:
(1) be a citizen of this state;
(2) be at least 25 years of age; and
(3) have been licensed to practice law in this state
for at least four years preceding the date of appointment.
Sec. 54.1154. COMPENSATION. A magistrate is entitled to
the compensation set by the commissioners court. The compensation
shall be paid from the general fund of the county.
Sec. 54.1155. POWERS. Except as limited by an order of the
county judge, a magistrate may:
(1) conduct hearings and trials, including jury
trials;
(2) hear evidence;
(3) compel production of relevant evidence, including
books, papers, vouchers, documents, and other writings;
(4) rule on admissibility of evidence;
(5) issue summons and attachments for the appearance
of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings and trials; and
(8) perform any act and take any measure necessary and
proper for the efficient performance of the duties assigned by the
county judge.
Sec. 54.1156. PAPERS TRANSMITTED TO JUDGE. (a) At the
conclusion of a hearing, the magistrate shall transmit to the judge
any papers relating to the case, including:
(1) the magistrate's findings and recommendations; and
(2) a statement that notice of the findings and
recommendations and of the right to a hearing before the judge has
been given to all parties.
(b) The judge shall adopt, modify, or reject the
magistrate's recommendations not later than the third working day
after the date the judge receives the recommendations.
(c) The judge shall send written notice of any modification
or rejection of the magistrate's recommendations to each party to
the case.
SECTION 3. Sections 25.091(a) and (b), Education Code, are
amended to read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a county, justice, or
municipal court if the student has unexcused absences for the
amount of time specified under Section 25.094 or under Section
51.03(b)(2), Family Code; and
(B) filing a complaint in a county, justice, or
municipal court against a parent who violates Section 25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent; and
(7) to take a student into custody with the permission
of the student's parent or in obedience to a court-ordered legal
process.
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) referring a student to a juvenile court or
filing a complaint against a student in a county, justice, or
municipal court if the student has unexcused absences for the
amount of time specified under Section 25.094 or under Section
51.03(b)(2), Family Code; and
(B) filing a complaint in a county, justice, or
municipal court against a parent who violates Section 25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence;
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements; and
(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken into
custody and the school district employing the officer does not
employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be taken
into custody and processed according to the legal process.
SECTION 4. Section 25.093(b), Education Code, is amended to
read as follows:
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) 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;
(2) a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(3) [in] a municipal court of the municipality in
which the parent resides or in which the school is located.
SECTION 5. 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, is reenacted and amended to
read as follows:
(d) A fine collected under this section shall be deposited
as follows:
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
attends school;
(B) the open-enrollment charter school the child
attends; or
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the constitutional
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
SECTION 6. Sections 25.094(b) and (c), Education Code, are
amended to read as follows:
(b) An offense under this section may be prosecuted in:
(1) the constitutional county court of the county in
which the individual resides or in which the school is located, if
the county has a population of two million or more;
(2) a justice court of any precinct in the county in
which the individual resides or in which the school is located; or
(3) [in] a municipal court in the municipality in
which the individual resides or in which the school is located.
(c) On a finding by the county, justice, or municipal court
that the individual has committed an offense under Subsection (a)
or on a finding by a juvenile court in a county with a population of
less than 100,000 that the individual has engaged in conduct that
violates Subsection (a), the court may enter an order that includes
one or more of the requirements listed in Article 45.054, Code of
Criminal Procedure, as added by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001.
SECTION 7. Section 25.094(d), Education Code, as amended by
Chapter 1297, Acts of the 77th Legislature, Regular Session, 2001,
is amended to read as follows:
(d) If the county, justice, or municipal court believes that
a child has violated an order issued under Subsection (c), the court
may proceed as authorized by Section 54.023, Family Code, by
holding the child in contempt and imposing a fine not to exceed $500
or by referring the child to juvenile court for delinquent conduct.
SECTION 8. Section 25.094(d), Education Code, as amended by
Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001,
is relettered as Subsection (d-1) and is amended to read as follows:
(d-1) [(d)] Pursuant to an order of the county, justice, or
municipal court based on an affidavit showing probable cause to
believe that an individual has committed an offense under this
section, a peace officer may take the individual into custody. A
peace officer taking an individual into custody under this
subsection shall:
(1) promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason for that action;
and
(2) without unnecessary delay:
(A) release the individual to the individual's
parent, guardian, or custodian or to another responsible adult, if
the person promises to bring the individual to the county, justice,
or municipal court as requested by the court; or
(B) bring the individual to a county, justice, or
municipal court with venue over the offense.
SECTION 9. Sections 25.0951(a) and (b), Education Code, are
amended to read as follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district shall:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may:
(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 10. Section 25.0952, Education Code, is amended to
read as follows:
Sec. 25.0952. PROCEDURES APPLICABLE TO TRUANCY-RELATED
OFFENSES. In a proceeding [in a justice or municipal court] based
on a complaint under Section 25.093 or 25.094, the court shall,
except as otherwise provided by this chapter, use the procedures
and exercise the powers authorized by Chapter 45, Code of Criminal
Procedure.
SECTION 11. Section 51.03(a), Family Code, is amended to
read as follows:
(a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a
[municipal] court [or justice court] under circumstances that would
constitute contempt of that court in:
(A) a justice or municipal court; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
SECTION 12. Section 54.021, Family Code, is amended to read
as follows:
Sec. 54.021. COUNTY, JUSTICE, OR MUNICIPAL COURT: TRUANCY.
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the constitutional county
court, if the county has a population of two million or more, or to
an appropriate justice or municipal court, with the permission of
the county, justice, or municipal court, for disposition in the
manner provided by Subsection (b) [of this section] if the child is
alleged to have engaged in conduct described in Section 51.03(b)(2)
[of this code]. A waiver of jurisdiction under this subsection may
be for an individual case or for all cases in which a child is
alleged to have engaged in conduct described in Section 51.03(b)(2)
[of this code]. The waiver of a juvenile court's exclusive original
jurisdiction for all cases in which a child is alleged to have
engaged in conduct described in Section 51.03(b)(2) [of this code]
is effective for a period of one year.
(b) A county, justice, or municipal court may exercise
jurisdiction over a person alleged to have engaged in conduct
indicating a need for supervision by engaging in conduct described
in Section 51.03(b)(2) in a case where:
(1) the juvenile court has waived its original
jurisdiction under this section; and
(2) a complaint is filed by the appropriate authority
in the county, justice, or municipal court charging an offense
under Section 25.094, Education Code.
(c) A proceeding in a county, justice, or municipal court on
a complaint charging an offense under Section 25.094, Education
Code, is governed by Chapter 45, Code of Criminal Procedure.
(d) Notwithstanding any other law, the costs assessed in a
case filed in or transferred to a constitutional county court for an
offense under Section 25.093 or 25.094, Education Code, must be the
same as the costs assessed for a case filed in a justice court for an
offense under Section 25.093 or 25.094, Education Code.
(e) The proceedings before a constitutional county court
related to an offense under Section 25.093 or 25.094, Education
Code, may be recorded in any manner provided by Section 30.00010,
Government Code, for recording proceedings in a municipal court of
record.
SECTION 13. Sections 54.04(o) and (u), Family Code, are
amended to read as follows:
(o) In a disposition under this title:
(1) a status offender may not, under any
circumstances, be committed to the Texas Youth Commission for
engaging in conduct that would not, under state or local law, be a
crime if committed by an adult;
(2) a status offender may not, under any circumstances
other than as provided under Subsection (n), be placed in a
post-adjudication secure correctional facility; and
(3) a child adjudicated for contempt of a county,
justice, or municipal court order may not, under any circumstances,
be placed in a post-adjudication secure correctional facility or
committed to the Texas Youth Commission for that conduct.
(u) For the purposes of disposition under Subsection
(d)(2), delinquent conduct that violates a penal law of this state
of the grade of felony or misdemeanor does not include conduct that
violates a lawful order of a county, municipal, justice, or
juvenile court under circumstances that would constitute contempt
of that court.
SECTION 14. Article 45.054(a), Code of Criminal Procedure,
as added by Chapter 1514, Acts of the 77th Legislature, Regular
Session, 2001, is amended to read as follows:
(a) On a finding by a county, justice, or municipal court
that an individual has committed an offense under Section 25.094,
Education Code, the court has jurisdiction to enter an order that
includes one or more of the following provisions requiring that:
(1) the individual:
(A) attend school without unexcused absences;
(B) attend a preparatory class for the high
school equivalency examination administered under Section 7.111,
Education Code, if the court determines that the individual is too
old to do well in a formal classroom environment; or
(C) if the individual is at least 16 years of age,
take the high school equivalency examination administered under
Section 7.111, Education Code;
(2) the individual attend a special program that the
court determines to be in the best interest of the individual,
including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including
self-improvement counseling;
(D) a program that provides training in
self-esteem and leadership;
(E) a work and job skills training program;
(F) a program that provides training in
parenting, including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence
avoidance;
(I) a program that provides sensitivity
training; and
(J) a program that provides training in advocacy
and mentoring;
(3) the individual and the individual's parent attend
a class for students at risk of dropping out of school designed for
both the individual and the individual's parent;
(4) the individual complete reasonable community
service requirements; or
(5) for the total number of hours ordered by the court,
the individual participate in a tutorial program covering the
academic subjects in which the student is enrolled provided by the
school the individual attends.
SECTION 15. Article 45.055(d), Code of Criminal Procedure,
is amended to read as follows:
(d) The [justice or municipal] court may not require an
individual who files an application under this article to pay any
fee or court costs for seeking expunction.
SECTION 16. (a) The change in law made by this Act applies
only to an offense committed on or after the effective date of this
Act. For purposes of this section, an offense is committed before
the effective date of this Act if any element of the offense occurs
before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect when the offense was committed,
and the former law is continued in effect for that purpose.
SECTION 17. This Act takes effect September 1, 2003.