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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of an offense for a parent's contribution |
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to a child's failure to comply with a sentence or court order |
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relating to a disruptive activity or disruption of class on school |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 37, Education Code, is |
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amended by adding Section 37.127 to read as follows: |
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Sec. 37.127. PARENT CONTRIBUTING TO CHILD'S FAILURE TO |
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COMPLY WITH TERMS OF SENTENCE OR COURT ORDER. (a) In this section: |
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(1) "Child" means a person under 17 years of age. |
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(2) "Parent" includes a person standing in parental |
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relation. The term does not include a person as to whom the |
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parent-child relationship has been terminated or a person not |
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entitled to possession of or access to a child under a court order. |
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(b) A parent commits an offense if: |
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(1) the parent's child is convicted of or adjudicated |
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as having engaged in delinquent conduct or conduct indicating a |
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need for supervision for conduct constituting the commission of an |
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offense under Section 37.123, 37.124, or 37.126; |
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(2) the child has not complied with the terms of the |
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child's sentence or a court order relating to the conviction or |
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adjudication; and |
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(3) the parent with criminal negligence has |
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contributed to, caused, or encouraged the child to fail to comply |
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with the terms of the child's sentence or a court order relating to |
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the conviction or adjudication. |
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(c) An offense under this section is a Class C misdemeanor. |
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If the court orders deferred disposition for the parent under |
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Article 45.051, Code of Criminal Procedure, the court may require |
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the parent to provide personal services to a charitable or |
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educational institution as a condition of deferral. |
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(d) Except as provided by Subsection (e), a fine collected |
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under this section shall be deposited as follows: |
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(1) one-half shall be deposited to the credit of the |
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operating fund of, as applicable: |
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(A) the school district in which the parent's |
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child attends school; |
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(B) the open-enrollment charter school the |
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parent's child attends; or |
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(C) the juvenile justice alternative education |
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program that the parent's child has been ordered to attend; and |
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(2) one-half shall be deposited to the credit of: |
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(A) if the offense is prosecuted in a municipal |
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court, the general fund of the municipality in which the offense is |
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prosecuted; or |
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(B) if the offense is prosecuted in a court that |
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is not a municipal court, the general fund of the county in which |
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the offense is prosecuted. |
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(e) In the case of a parent whose child attends a private |
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school, a fine collected under this section shall be deposited in |
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its entirety to the credit of: |
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(1) if the offense is prosecuted in a municipal court, |
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the general fund of the municipality in which the offense is |
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prosecuted; or |
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(2) if the offense is prosecuted in a court that is not |
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a municipal court, the general fund of the county in which the |
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offense is prosecuted. |
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(f) If a parent refuses to obey a court order entered under |
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this section, the court may punish the parent for contempt of court |
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under Section 21.002, Government Code. |
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(g) A school district or open-enrollment charter school |
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shall notify a student's parent in writing at the beginning of the |
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school year of the provisions of Subsections (b), (c), and (f). The |
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fact that a parent does not receive a notice under this subsection |
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does not create a defense to prosecution under this section. |
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(h) For the 2009-2010 school year, a school district or |
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open-enrollment charter school shall provide the notice required |
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under Subsection (g) as soon as practicable after the beginning of |
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the school year. This subsection expires September 1, 2010. |
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SECTION 2. Section 37.127, Education Code, as added by this |
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Act, applies only to a parent's conduct relating to a child's |
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failure to comply with the terms of a sentence or a court order |
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imposed or rendered on or after the effective date of this Act. A |
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parent's conduct relating to a child's failure to comply with the |
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terms of a sentence or a court order imposed or rendered before the |
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effective date of this Act is governed by the law in effect at the |
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time the failure to comply occurred, and the former law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |