BILL ANALYSIS
By: Berman
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Smith County, like many other counties in Texas, has been seeing a growing problem with parents filling out false reports for the purpose of enrolling their child or children in a school district by establishing residency for that student. Under current law the penalties, regarding the falsification of records for this purpose, are harsher than is necessary. The reality is that the actor of the offense is given a stern warning and sent home with out any form of penalization. Current law would be changed by reducing the charge of the offense from a Class A to a Class C misdemeanor. This would give Justices of the Peace the authority to hear these cases and rightfully penalize more actors for this offense.
C.S.H.B. 126 would reduce the offense for falsifying records to enroll one=s child or children in a school district by establishing residency for a student, from a Class A to a Class C misdemeanor, allowing the punishment to better fit the crime The bill further allows a student to attend a school within a school district in which the student does not reside but in which the grandparent resides if the grandparent provides a substantial amount of after-school care.
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
C.S.H.B. 126 amends Section 37.10 of the Texas Penal Code to provide that if it is shown in trial that an actor falsifies a government record in order to establish a residency of a student for the purpose of enrollment to a school district, then the offense committed is a Class C misdemeanor.
The bill allows a student to attend a school within a school district in which the student does not reside but in which the grandparent resides if the grandparent provides a substantial amount of after-school care.
EFFECTIVE DATE
Upon passage, or if this Act does not receive two-thirds vote of all the members of each house, this Act takes effect on September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
This Act differs from the original in Section one by changing the Class A misdemeanor to a Class C misdemeanor. In the original Act, HB 126, the Class A misdemeanor is changed to a Class B misdemeanor. The substitute further allows a student to attend a school within a school district in which the student does not reside but in which the grandparent resides if the grandparent provides a substantial amount of after-school care.