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79R238 SLO-D
By: Hughes H.B. No. 58
A BILL TO BE ENTITLED
AN ACT
relating to the jurisdiction of the statutory county court of
Harrison County over truancy cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.1042, Government Code, is amended by
adding Subsection (a) to read as follows:
(a) Notwithstanding any other law, a county court at law has
original jurisdiction over cases alleging a violation of Sections
25.093 and 25.094, Education Code.
SECTION 2. Sections 25.093(b) and (d), Education Code, are
amended to read as follows:
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) the constitutional county court of the county in
which the parent 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 parent resides or in which the school is located; [or]
(3) a municipal court of the municipality in which the
parent resides or in which the school is located; or
(4) 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.
(d) A fine collected under this section shall be deposited
as follows:
(1) one-half shall be deposited to the credit of the
operating fund of, as applicable:
(A) the school district in which the child
attends school;
(B) the open-enrollment charter school the child
attends; or
(C) the juvenile justice alternative education
program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the
complaint is filed in the justice court or the [constitutional]
county court; or
(B) the general fund of the municipality, if the
complaint is filed in municipal court.
SECTION 3. Section 25.094(b), Education Code, is amended to
read as follows:
(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) 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. Sections 54.021(a), (d), and (e), 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, to the
statutory county court, if the statutory county court has
jurisdiction over the proceeding, or to an appropriate justice or
municipal court, with the permission of the 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.
(d) Notwithstanding any other law, the costs assessed in a
case filed in or transferred to a [constitutional] county court for
an offense under Section 25.093 or 25.094, Education Code, must be
the same as the costs assessed for a case filed in a justice court
for an offense under Section 25.093 or 25.094, Education Code.
(e) The proceedings before a [constitutional] county court
related to an offense under Section 25.093 or 25.094, Education
Code, may be recorded in any manner provided by Section 30.00010,
Government Code, for recording proceedings in a municipal court of
record.
SECTION 5. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, COUNTY,
AND JUVENILE COURTS. As a component of the official monthly report
submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice, county, and municipal courts shall report
the number of cases filed for the following offenses:
(A) failure to attend school under Section
25.094, Education Code; and
(B) parent contributing to nonattendance under
Section 25.093, Education Code; [and]
(2) justice and municipal courts shall report the
number of cases filed for [(C)] violation of a local daytime curfew
ordinance adopted under Section 341.905 or 351.903, Local
Government Code; and
(3) [(2)] in cases in which a child fails to obey an
order of a justice or municipal court under circumstances that
would constitute contempt of court, the justice or municipal court
shall report the number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, and Section 51.03(a)(2), Family Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure.
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.