79R12389 E


By:  Grusendorf, Oliveira, Escobar                                H.B. No. 316

Substitute the following for H.B. No. 316:                                    

By:  Oliveira                                                 C.S.H.B. No. 316



A BILL TO BE ENTITLED

AN ACT

relating to a child's failure to attend school.                               
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 25.091, Education Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  A peace officer who is not serving as an attendance 
officer has the following powers concerning enforcement of 
compulsory school attendance requirements:
		(1)  to enforce compulsory school attendance 
requirements by:        
			(A)  referring a student to a juvenile court or 
filing a complaint against a student in a county, justice, or 
municipal court if the student has unexcused absences for the 
amount of time specified under Section 25.094 or under Section 
51.03(b)(2), Family Code; and
			(B)  filing a complaint in a county, justice, or 
municipal court against a parent who violates Section 25.093;
		(2)  to serve court-ordered legal process;                             
		(3)  to make a home visit or otherwise contact the 
parent of a student who is in violation of compulsory school 
attendance requirements, except that a peace officer may not enter 
a residence without the permission of the parent of a student 
required under this subchapter to attend school or of the tenant or 
owner of the residence except to lawfully serve court-ordered legal 
process on the parent; and
		(4)  to take a student into custody with the permission 
of the student's parent or in obedience to a court-ordered legal 
process.
	SECTION 2.  Section 25.093(a), Education Code, is amended to 
read as follows:
	(a)  If a warning is issued as required by Section 25.095(b)
[25.095(a)], the parent with criminal negligence fails to require 
the child to attend school as required by law, and the child has 
absences for the amount of time specified under Section 25.094, the 
parent commits an offense.
	SECTION 3.  Section 25.094(a), Education Code, is amended to 
read as follows:
	(a)  An individual commits an offense if the individual:                       
		(1)  is required to attend school under Section 25.085; 
and                 
		(2)  fails to attend school on seven [10] or more days 
[or parts of days] within a three-month [six-month] period in the 
same school year or on three or more days [or parts of days] within a 
four-week period.
	SECTION 4.  Section 25.095, Education Code, is amended by 
amending Subsections (a) and (b) and adding Subsection (b-1) to 
read as follows:
	(a)  A school district or open-enrollment charter school 
shall notify a student's parent in writing at the beginning of the 
school year that if the student is absent from school on seven [10] 
or more days [or parts of days] within a three-month [six-month] 
period in the same school year or on three or more days [or parts of 
days] within a four-week period:
		(1)  the student's parent is subject to prosecution 
under Section 25.093; and
		(2)  the student is subject to prosecution under 
Section 25.094 or to referral to a juvenile court in a county with a 
population of less than 100,000 for conduct that violates that 
section.
	(b)  A school district shall notify a student's parent by 
telephone and in writing if the student has been absent from school, 
without excuse under Section 25.087, on three days [or parts of 
days] within a four-week period.  The notice must:
		(1)  inform the parent that:                                                  
			(A)  it is the parent's duty to monitor the 
student's school attendance and require the student to attend 
school; and
			(B)  the parent is subject to prosecution under 
Section 25.093; and        
		(2)  require the parent to attend [request] a 
conference between school officials and the parent to:
			(A)  discuss the absences;                                     
			(B)  develop a plan specifically for the student 
for improving the student's school attendance; and
			(C)  review the legal consequences of a student's 
continuing unexcused absences.
	(b-1)  In addition to providing notice to a student's parent 
under Subsection (b), the school district shall notify a counselor 
at the student's school, or in the student's school district if the 
student's school does not have a counselor, if a student has been 
absent from school, without excuse under Section 25.087, on three 
or more days within a four-week period.  To the extent practicable, 
on receiving the notification, the counselor shall perform an 
assessment of the student, including the student's academic 
progress, to use in developing the plan required under Subsection 
(b)(2)(B).
	SECTION 5.  Sections 25.0951(a) and (b), Education Code, are 
amended to read as follows:
	(a)  If a student fails to attend school without excuse on 
seven [10] or more days [or parts of days] within a three-month 
[six-month] period in the same school year, a school district 
shall, not later than the 15th school day after the date of the 
student's last absence:
		(1)  file a complaint against the student or the 
student's parent or both in a county, justice, or municipal court 
for an offense under Section 25.093 or 25.094, as appropriate, or 
refer the student to a juvenile court in a county with a population 
of less than 100,000 for conduct that violates Section 25.094; or
		(2)  refer the student to a juvenile court for conduct 
indicating a need for supervision under Section 51.03(b)(2), Family 
Code.
	(b)  If a student fails to attend school without excuse on 
three or more days [or parts of days] within a four-week period but 
does not fail to attend school for the time described by Subsection 
(a), the school district may, not later than the 15th school day 
after the date of the student's last absence:
		(1)  file a complaint against the student or the 
student's parent or both in a county, justice, or municipal court 
for an offense under Section 25.093 or 25.094, as appropriate, or 
refer the student to a juvenile court in a county with a population 
of less than 100,000 for conduct that violates Section 25.094;  or
		(2)  refer the student to a juvenile court for conduct 
indicating a need for supervision under Section 51.03(b)(2), Family 
Code.
	SECTION 6.  Section 51.03(b), Family Code, is amended to 
read as follows:    
	(b)  Conduct indicating a need for supervision is:                             
		(1)  subject to Subsection (f), conduct, other than a 
traffic offense, that violates:
			(A)  the penal laws of this state of the grade of 
misdemeanor that are punishable by fine only; or
			(B)  the penal ordinances of any political 
subdivision of this state;      
		(2)  the absence of a child on seven [10] or more days 
[or parts of days] within a three-month [six-month] period in the 
same school year or on three or more days [or parts of days] within a 
four-week period from school;
		(3)  the voluntary absence of a child from the child's 
home without the consent of the child's parent or guardian for a 
substantial length of time or without intent to return;
		(4)  conduct prohibited by city ordinance or by state 
law involving the inhalation of the fumes or vapors of paint and 
other protective coatings or glue and other adhesives and the 
volatile chemicals itemized in Section 484.002, Health and Safety 
Code;
		(5)  an act that violates a school district's 
previously communicated written standards of student conduct for 
which the child has been expelled under Section 37.007(c), 
Education Code; or
		(6)  conduct that violates a reasonable and lawful 
order of a court entered under Section 264.305.
	SECTION 7.  Section 264.304(c), Family Code, is amended to 
read as follows:  
	(c)  The court shall determine that the child is an at-risk 
child if the court finds that the child has engaged in the following 
conduct:
		(1)  conduct, other than a traffic offense and except 
as provided by Subsection (d), that violates:
			(A)  the penal laws of this state; or                                        
			(B)  the penal ordinances of any political 
subdivision of this state;      
		(2)  the unexcused voluntary absence of the child on 
seven [10] or more days [or parts of days] within a three-month 
[six-month] period or three or more days [or parts of days] within a 
four-week period from school without the consent of the child's 
parent, managing conservator, or guardian;
		(3)  the voluntary absence of the child from the child's 
home without the consent of the child's parent, managing 
conservator, or guardian for a substantial length of time or 
without intent to return;
		(4)  conduct that violates the laws of this state 
prohibiting driving while intoxicated or under the influence of 
intoxicating liquor (first or second offense) or driving while 
under the influence of any narcotic drug or of any other drug to a 
degree that renders the child incapable of safely driving a vehicle 
(first or second offense); or
		(5)  conduct that evidences a clear and substantial 
intent to engage in any behavior described by Subdivisions (1)-(4).
	SECTION 8.  The change in law made by this Act applies only 
to an offense committed on or after September 1, 2005.  An offense 
committed before September 1, 2005, is covered by the law in effect 
when the offense was committed, and the former law is continued in 
effect for that purpose.  For the purposes of this section, an 
offense was committed before September 1, 2005, if any element of 
the offense occurred before that date.
	SECTION 9.  This Act takes effect September 1, 2005.