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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing justice, municipal, and juvenile courts to |
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obtain evidence that certain minors are in compliance with |
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mandatory school attendance requirements and suspend driver's |
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licenses or permits for failure to comply. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.057, Code of Criminal Procedure, is |
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amended by amending Subsection (b) and adding Subsections (b-1), |
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(b-2), and (b-3) to read as follows: |
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(b) Except as provided by Subsection (b-3), on [On] a |
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finding by a justice or municipal court that a child committed an |
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offense that the court has jurisdiction of under Article 4.11 or |
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4.14, including a traffic offense, the court: |
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(1) may enter an order under Subsection (b-1); and |
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(2) has jurisdiction to enter an order: |
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(A) [(1)] referring the child or the child's |
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parent for services under Section 264.302, Family Code; |
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(B) [(2)] requiring that the child attend a |
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special program that the court determines to be in the best interest |
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of the child and, if the program involves the expenditure of county |
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funds, that is approved by the county commissioners court, |
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including a rehabilitation, counseling, self-esteem and |
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leadership, work and job skills training, job interviewing and work |
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preparation, self-improvement, parenting, manners, violence |
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avoidance, tutoring, sensitivity training, parental |
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responsibility, community service, restitution, advocacy, or |
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mentoring program; or |
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(C) [(3)] requiring that the child's parent do |
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any act or refrain from doing any act that the court determines will |
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increase the likelihood that the child will comply with the orders |
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of the court and that is reasonable and necessary for the welfare of |
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the child, including: |
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(i) [(A)] attend a parenting class or |
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parental responsibility program; and |
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(ii) [(B)] attend the child's school |
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classes or functions. |
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(b-1) On a finding described by Subsection (b), the court |
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may enter an order requiring the parent and child to provide the |
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court, by not later than the fifth day after the date of the order, |
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with evidence satisfactory to the court that the child is in |
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compliance with the compulsory school attendance requirements |
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prescribed by Section 25.085, Education Code, or is exempt from |
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those requirements under Section 25.086, Education Code. If the |
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court determines that the child is not in compliance with the |
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compulsory school attendance requirements and is not exempt from |
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those requirements, the court may: |
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(1) include in the judgment an order for the parent and |
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child to comply with Section 25.085, Education Code, and provide |
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evidence satisfactory to the court that the child is in compliance |
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with that section; and |
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(2) if the child is at least 15 years of age, order the |
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Department of Public Safety to suspend the child's driver's license |
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or permit or, if the child does not have a license or permit, deny |
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the issuance of a license or permit to the child for a period |
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specified by the court not to exceed 365 days. |
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(b-2) For purposes of Subsection (b-1): |
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(1) a summary of a child's school attendance record |
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during the preceding six-month period signed by the school |
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principal may be provided as evidence of the child's compliance |
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with compulsory school attendance requirements; and |
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(2) written documentation indicating the basis on |
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which a child is exempt from compulsory school attendance |
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requirements may be provided to establish that the child is exempt. |
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(b-3) Subsections (b)(1) and (b-1) do not apply to a child |
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who commits an offense under Section 25.094, Education Code. |
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SECTION 2. Section 54.041, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) When a child has been found to have engaged in |
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delinquent conduct or conduct indicating a need for supervision and |
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the juvenile court has made a finding that the child is in need of |
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rehabilitation or that the protection of the public or the child |
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requires that disposition be made, the juvenile court, on notice by |
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any reasonable method to all persons affected, may: |
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(1) order any person found by the juvenile court to |
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have, by a wilful act or omission, contributed to, caused, or |
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encouraged the child's delinquent conduct or conduct indicating a |
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need for supervision to do any act that the juvenile court |
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determines to be reasonable and necessary for the welfare of the |
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child or to refrain from doing any act that the juvenile court |
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determines to be injurious to the welfare of the child; |
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(2) enjoin all contact between the child and a person |
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who is found to be a contributing cause of the child's delinquent |
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conduct or conduct indicating a need for supervision; |
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(3) after notice and a hearing of all persons affected |
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order any person living in the same household with the child to |
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participate in social or psychological counseling to assist in the |
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rehabilitation of the child and to strengthen the child's family |
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environment; [or] |
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(4) after notice and a hearing of all persons affected |
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order the child's parent or other person responsible for the child's |
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support to pay all or part of the reasonable costs of treatment |
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programs in which the child is required to participate during the |
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period of probation if the court finds the child's parent or person |
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responsible for the child's support is able to pay the costs; or |
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(5) order the child and the child's parent to provide |
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the court with evidence regarding the child's school attendance in |
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the manner described by Article 45.057, Code of Criminal Procedure, |
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and, if satisfactory evidence is not provided, order the Department |
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of Public Safety, in accordance with Section 54.042(f), to suspend |
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the child's driver's license or permit or deny the issuance of a |
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license or permit to the child. |
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(a-1) Subsection (a)(5) does not apply in a case involving |
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conduct described by Section 51.03(b)(2). |
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SECTION 3. Section 54.042(f), Family Code, is amended to |
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read as follows: |
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(f) A juvenile court, in a disposition hearing under Section |
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54.04, may order the Department of Public Safety to suspend a |
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child's driver's license or permit or, if the child does not have a |
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license or permit, to deny the issuance of a license or permit to |
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the child for a period not to exceed 12 months if the court finds |
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that the child has: |
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(1) engaged in conduct indicating a [in] need for [of] |
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supervision or delinquent conduct other than the conduct described |
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by Subsection (a); or |
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(2) failed to provide satisfactory evidence of school |
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attendance if required under Section 54.041(a)(5). |
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SECTION 4. The changes in law made by this Act apply only to |
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conduct that occurs on or after the effective date of this Act. |
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Conduct violating the penal law of this state occurs on or after the |
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effective date of this Act if any element of the violation occurs on |
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or after that date. Conduct that occurs before the effective date |
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of this Act is governed by the law in effect at the time the conduct |
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occurred, and that law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |