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79R6943 SLO-D

By:  Grusendorf                                                   H.B. No. 3010



A BILL TO BE ENTITLED

AN ACT

relating to failure to attend school proceedings in justice or 
municipal court.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Article 45.050, Code of Criminal Procedure, is 
amended by amending Subsections (b) and (c) and adding Subsections 
(c-1) and (h) to read as follows:
	(b)  Except as provided by Subsection (c), a [A] justice or 
municipal court may not order the confinement of a child for:
		(1)  the failure to pay all or any part of a fine or 
costs imposed for the conviction of an offense punishable by fine 
only; or
		(2)  contempt of another order of a justice or 
municipal court.             
	(c)  If 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, after providing notice 
and an opportunity to be heard, may:
		(1)  refer the child to the appropriate juvenile court 
for delinquent conduct for contempt of the justice or municipal 
court order; or
		(2)  retain jurisdiction of the case, hold the child in 
contempt of the justice or municipal court, and order any [either] 
or all [both] of the following:
			(A)  that the contemnor pay a fine not to exceed 
$500; [or]
			(B)  that the Department of Public Safety suspend 
the contemnor's driver's license or permit or, if the contemnor does 
not have a license or permit, to deny the issuance of a license or 
permit to the contemnor until the contemnor fully complies with the 
orders of the court; or
			(C)  that the contemnor be confined for not more 
than three days to a facility that meets the requirements of Section 
51.12, Family Code, if the contemnor is in contempt of an order of 
the justice or municipal court relating to a violation of Section 
25.094, Education Code.
	(c-1)  A facility shall immediately release a contemnor 
confined under Subsection (c)(2)(C) at the request of the parent or 
guardian of the contemnor.
	(h)  A justice or municipal court may issue a warrant for the 
arrest of a child who is in contempt of a justice or municipal court 
order relating to an offense under Section 25.094, Education Code.
	SECTION 2.  Article 45.058(f), Code of Criminal Procedure, 
is amended to read as follows:
	(f)  A child taken into custody for an offense that a justice 
or municipal court has jurisdiction of under Article 4.11 or 4.14, 
other than public intoxication, may be presented or detained in a 
detention facility designated by the juvenile court under Section 
52.02(a)(3), Family Code, only if:
		(1)  the child's non-traffic case is transferred to the 
juvenile court by a justice or municipal court under Section 
51.08(b), Family Code; [or]
		(2)  the child is referred to the juvenile court by a 
justice or municipal court for contempt of court under Article 
45.050; or
		(3)  the justice or municipal court has ordered the 
child confined for contempt of court under Article 45.050.
	SECTION 3.  Section 51.08, Family Code, is amended by adding 
Subsection (e) to read as follows:
	(e)  A juvenile court may not refuse to accept the transfer 
of a case brought under Section 25.094, Education Code, for a child 
described by Subsection (b)(1) if a prosecuting attorney for the 
court determines under Section 53.012 that the case is legally 
sufficient under Section 53.01 for adjudication in juvenile court.
	SECTION 4.  (a)  Articles 45.050 and 45.058, Code of Criminal 
Procedure, as amended by this Act, apply only to a person found in 
contempt of court on or after the effective date of this Act, 
regardless of whether the conduct that is the basis of the contempt 
order occurred before, on, or after that date.
	(b)  Section 51.08, Family Code, as amended by this Act, 
applies only to the transfer of a case to juvenile court that occurs 
on or after the effective date of this Act.  A transfer that occurs 
before the effective date of this Act is governed by the law in 
effect when the transfer occurred, and the former law is continued 
in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.