BILL ANALYSIS

 

 

                                                                                                                                               H.B. 58

                                                                                                                                         By: Hughes

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Under current law, jurisdiction for truancy cases exists in justice of the peace courts as well as municipal courts. Moreover, in counties with a population of two million or more, jurisdiction  may be waived by a juvenile court and transferred to the constitutional county court for disposition with the permission of the county, justice or municipal court.

 

House Bill 58 simply adds the statutory county court at law to the list of courts with jurisdiction over truancy cases, thereby allowing for truancy cases to be brought before the statutory county court at law in Harrison County.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.              Amends Section 25.1042 of the Government Code by adding Subsection                                       (a) to grant jurisdiction to a county court at law over cases alleging a                                               violation of Sections 25.093 and 25.094 of the Education Code.

 

SECTION 2.              Amends Sections 25.093(b) and (d) of the Education Code to require that                                      an attendance officer or other appropriate school official file a complaint                                        against the parent in the statutory county court of the county in which the                                            parent resides or in which the school is located, if the statutory county                                      court has jurisdiction over the proceeding.

 

SECTION 3.              Amends Section 25.094(b) of the Education Code to provide that an                                              offense under this section may be prosecuted in the statutory county court                                                 of the county in which the individual resides or in which the school is                                                 located, if the statutory county court has jurisdiction over the proceeding.

 

SECTION 4.              Amends Sections 54.021(a), (d), and (e) of the Family Code to allow a                                           juvenile court to waive exclusive original jurisdiction and transfer a child                                        to the statutory county court at law if the statutory county court at law has                                               jurisdiction over the proceeding.  Makes additional conforming changes                                            to the Family Code.

 

SECTION 5.              Amends Section 71.0352 of the Government Code to require county                                              courts with jurisdiction over truancy cases to report the number of cases                                         filed for violation of a local daytime curfew ordinance adopted under                                               Section 341.905 or 351.903 of the Local Government Code to the  Office                                             of Court Administration. Makes conforming changes, including                                                           renumbering of sections.

 

SECTION 6.              (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 7.              This Act takes effect September 1, 2005.

 

EFFECTIVE DATE

 

September 1, 2005