78R5411 SLO-D

By:  Armbrister                                                   S.B. No. 1255



A BILL TO BE ENTITLED

AN ACT

relating to the penalty for contempt in a failure to attend school 
proceeding in a justice court.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 54.023, Family Code, is amended by 
adding Subsection (g) to read as follows:
	(g)  Notwithstanding Subsections (c)-(e), and in addition to 
the remedies authorized by Subsection (a)(2), a justice court may 
hold a child in contempt and order the child confined to a facility 
that meets the requirements of Section 51.12 for not more than three 
days if:
		(1)  the child was placed under an order of the justice 
court for committing an offense under Section 25.094, Education 
Code;
		(2)  the child failed to obey the order while the child 
was 12 years of age or older; and
		(3)  the failure to obey occurred under circumstances 
that constitute contempt of court.
	SECTION 2.  Article 45.050, Code of Criminal Procedure, is 
amended by adding Subsection (e) to read as follows:
	(e)  Notwithstanding Subsection (b) and in addition to the 
remedies authorized by Subsection (c)(2), a justice court may hold 
a child in contempt and order the child confined to a facility that 
meets the requirements of Section 51.12, Family Code, for not more 
than three days if:
		(1)  the child was placed under an order of the justice 
court for committing an offense under Section 25.094, Education 
Code;
		(2)  the child failed to obey the order while the person 
was 12 years of age or older; and
		(3)  the failure to obey occurred under circumstances 
that constitute contempt of court.
	SECTION 3.  Article 45.058, Code of Criminal Procedure, is 
amended by adding Subsection (i) to read as follows:
	(i)  Notwithstanding any other provision of this section, if 
a justice court believes that a child has violated an order issued 
under Section 25.094(c), Education Code, the court may proceed as 
authorized by Section 54.023, Family Code, by holding the child in 
contempt and ordering the child confined for not more than three 
days in a facility that meets the requirements of Section 51.12, 
Family Code, without a detention hearing.
	SECTION 4.  Section 25.094, Education Code, is amended by 
adding Subsection (h) to read as follows:
	(h)  In addition to the remedies authorized by this section, 
if a justice 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 
ordering the child confined to a facility that meets the 
requirements of Section 51.12, Family Code, for not more than three 
days.
	SECTION 5.  Section 52.027, Family Code, is repealed.                          
	SECTION 6.  The change in law made by this Act applies only 
to a person found in contempt of court on or after the effective 
date of this Act, regardless of whether the conduct that is the 
basis of the contempt order occurred before, on, or after that date.
	SECTION 7.  This Act takes effect September 1, 2003.