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A BILL TO BE ENTITLED
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AN ACT
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relating to the jurisdiction of constitutional county courts over |
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truancy cases and the appointment of magistrates to hear truancy |
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cases in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 25.093(b), Education Code, is amended to |
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read as follows: |
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(b) The attendance officer or other appropriate school |
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official shall file a complaint against the parent in: |
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(1) the constitutional county court of the county in |
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which the parent resides or in which the school is located, if the |
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county has a population of 1.75 [two] million or more; |
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(2) a justice court of any precinct in the county in |
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which the parent resides or in which the school is located; or |
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(3) a municipal court of the municipality in which the |
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parent resides or in which the school is located. |
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SECTION 2. Section 25.094(b), Education Code, is amended to |
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read as follows: |
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(b) An offense under this section may be prosecuted in: |
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(1) the constitutional county court of the county in |
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which the individual resides or in which the school is located, if |
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the county has a population of 1.75 [two] million or more; |
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(2) a justice court of any precinct in the county in |
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which the individual resides or in which the school is located; or |
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(3) a municipal court in the municipality in which the |
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individual resides or in which the school is located. |
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SECTION 3. Section 54.021(a), Family Code, is amended to |
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read as follows: |
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(a) The juvenile court may waive its exclusive original |
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jurisdiction and transfer a child to the constitutional county |
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court, if the county has a population of 1.75 [two] million or more, |
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or to an appropriate justice or municipal court, with the |
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permission of the county, justice, or municipal court, for |
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disposition in the manner provided by Subsection (b) if the child is |
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alleged to have engaged in conduct described in Section |
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51.03(b)(2). A waiver of jurisdiction under this subsection may be |
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for an individual case or for all cases in which a child is alleged |
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to have engaged in conduct described in Section 51.03(b)(2). The |
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waiver of a juvenile court's exclusive original jurisdiction for |
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all cases in which a child is alleged to have engaged in conduct |
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described in Section 51.03(b)(2) is effective for a period of one |
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year. |
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SECTION 4. Section 26.045(d), Government Code, is amended |
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to read as follows: |
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(d) A county court in a county with a population of 1.75 |
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[two] million or more has original jurisdiction over cases alleging |
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a violation of Section 25.093 or 25.094, Education Code. |
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SECTION 5. Section 54.1171, Government Code, is amended to |
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read as follows: |
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Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter |
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applies to a constitutional county court in a county with a |
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population of 1.75 [two] million or more. |
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SECTION 6. (a) The changes in law made by this Act to |
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Sections 25.093 and 25.094, Education Code, apply only to an |
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offense committed on or after the effective date of this Act. For |
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purposes of this subsection, an offense is committed before the |
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effective date of this Act if any element of the offense occurs |
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before that date. An offense committed before the effective date of |
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this Act is covered by the law in effect immediately before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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(b) The change in law made by this Act to Section 54.021, |
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Family Code, applies only to conduct indicating a need for |
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supervision as described in Section 51.03(b)(2), Family Code, |
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engaged in by an individual on or after the effective date of this |
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Act. Conduct engaged in before the effective date of this Act is |
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covered by the law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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(c) The change in law made by this Act to Section 26.045, |
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Government Code, applies only to a violation of Section 25.093 or |
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25.094, Education Code, committed on or after the effective date of |
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this Act. A violation committed before the effective date of this |
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Act is covered by the law in effect immediately before the effective |
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date of this Act, and the former law is continued in effect for that |
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purpose. |
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SECTION 7. This Act takes effect September 1, 2011. |