79R2484 SLO-D
By: Grusendorf H.B. No. 316
A BILL TO BE ENTITLED
AN ACT
relating to a child's failure to attend school and the creation of
the offense of running away from home.
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 25.094(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 one [10] or more days or
parts of days within a [six-month period in the same] school year
[or on three or more days or parts of days within a four-week
period].
SECTION 3. Sections 25.095(a) and (c), Education Code, are
amended 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 one [10] or
more days or parts of days within a [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.
(c) The fact that a parent did not receive a notice under
Subsection (a) [or (b)] does not create a defense to prosecution
under Section 25.093 or 25.094.
SECTION 4. Section 25.0951(a), Education Code, is amended
to read as follows:
(a) If a student fails to attend school without excuse on
one [10] or more days or parts of days within a [six-month period in
the same] school year, a school district shall:
(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 5. 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 one [10] or more days or
parts of days within a [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 6. 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
one [10] or more days or parts of days [within a 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 7. Chapter 25, Penal Code, is amended by adding
Section 25.061 to read as follows:
Sec. 25.061. RUNAWAY CHILD. (a) In this section, "child"
has the meaning assigned by Section 51.02, Family Code.
(b) A child commits an offense if the child is voluntarily
absent from the child's home without the consent of the child's
parent or guardian for a substantial length of time or without the
intent to return.
(c) It is a defense to prosecution under this section that
the child is absent from the child's home because the child's parent
or guardian has abused or neglected the child. In this subsection,
"abuse" and "neglect" have the meanings assigned by Section
261.001, Family Code.
(d) An offense under this section is a Class C misdemeanor.
(e) On the conviction of a child for an offense under this
section, in addition to any fine imposed, the court shall require
the child to perform community service.
SECTION 8. Sections 25.095(b) and 25.0951(b), Education
Code, are repealed.
SECTION 9. 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 10. This Act takes effect September 1, 2005.