This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 3010

79R11896 SLO-D                                                                                        By: Grusendorf (Harris)

                                                                                                                                      Jurisprudence

                                                                                                                                              5/9/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Current law requires Texas county, justice, and municipal courts to accept a case involving a child found in violation of compulsory school attendance laws.  If a child is found in contempt of a justice or municipal court order, the case must be transferred to a juvenile court on the third offense.  However, current law does not require a juvenile court to accept the transfer of cases regarding truancy.  Therefore, a child may be repeatedly found in contempt of a juvenile or municipal court order with little or no consequence to the child. 

 

H.B. 3010  requires a mandatory review by a juvenile court of referrals involving a child found in contempt of a county, municipal, or justice court order. 

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 51.08, Family Code, by adding Subsection (e), to prohibit a juvenile court from refusing to accept the transfer of a case brought under Section 25.094 (Failure to Attend School), Education Code, for a child described by Subsection (b)(1) if a prosecuting attorney for the court determines under Section 53.012 (Review by Prosecutor) that the case is legally sufficient under Section 53.01 (Preliminary Investigation and Determinations; Notice to Parents) for adjudication in juvenile court.

 

SECTION 2.  Makes application of Section 51.08, Family Code, as amended by this Act, prospective. 

 

SECTION 3.  Effective date: September 1, 2005.