Amend CSHB 316 as follows:
(1) On page 1, line 5, before "adding", insert "amending Subsections (a) and (b) and".
(2) On page 1, between lines 5 and 6, insert the following:
(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 district, 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.
(3) On page 1, line 12, between "a" and "county", insert
"district,".
(4) On page 2, between lines 4 and 5, insert the following:
(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 district, 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.
(5) On page 2, line 12, strike "Section 25.094(a), Education
Code, is" and substitute "Sections 25.094(a), (b), (c), (d), and
(d-1), Education Code, are".
(6) On page 2, between lines 20 and 21, insert the
following:
(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) a municipal court in the municipality in which the
individual resides or in which the school is located; or
(4) a district court for the county in which the
student resides or in which the school is located.
(c) On a finding by the district, 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].
(d) If the district, county, justice, or municipal court
believes that a child has violated an order issued under Subsection
(c), the court may proceed as authorized by Article 45.050, Code of
Criminal Procedure.
(d-1) Pursuant to an order of the district, 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 district,
county, justice, or municipal court as requested by the court; or
(B) bring the individual to a district, county,
justice, or municipal court with venue over the offense.
(7) On page 4, line 17, between "in a" and "county", insert
"district,".
(8) On page 5, line 3, between "in a" and "county", insert
"district,".
(9) Add the following appropriately numbered sections to
the bill and renumber the subsequent sections accordingly:
SECTION __. The heading to Section 54.021, Family Code, is
amended to read as follows:
Sec. 54.021. DISTRICT, COUNTY, JUSTICE, OR MUNICIPAL COURT:
TRUANCY.
SECTION __. Sections 54.021(a), (b), and (c), Family Code,
are amended to read as follows:
(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 district, justice, or municipal court, with the
permission of the district, county, justice, or municipal court,
for disposition in the manner provided by Subsection (b) if the
child is alleged to have engaged in conduct described in Section
51.03(b)(2). 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). 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) is effective for a period of one
year.
(b) A district, 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 district, county, justice, or municipal court charging an
offense under Section 25.094, Education Code.
(c) A proceeding in a district, 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.
SECTION __. 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 district,
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 district, county, municipal, justice,
or juvenile court under circumstances that would constitute
contempt of that court.
SECTION __. Article 45.054(a), Code of Criminal Procedure,
is amended to read as follows:
(a) On a finding by a district, 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.