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BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3010

                                                                                                                                   By: Grusendorf

                                                                                                                       Criminal Jurisprudence

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Current law requires Texas justice or 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.  C.S.H.B. 3010 will decrease the number of truancy violations in Texas by holding a child accountable for disobeying a justice or municipal court order. 

 

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. 3010 will provide a mandatory review by a juvenile court of referrals involving a child found in contempt of a county, municipal, or justice court order  under Section 25.094 (Failure to Attend School), Education Code. 

 

EFFECTIVE DATE

 

September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute deletes any provision in the original bill that would have allowed a justice or municipal court to order the confinement or issuance of a warrant for the arrest of a child in contempt of the justice or municipal court order for failing to attend school.