82R1911 PMO-F

By: Patrick, et al. H.B. No. 734

A BILL TO BE ENTITLED

AN ACT

relating to the jurisdiction of constitutional county courts over

truancy cases and the appointment of magistrates to hear truancy

cases in certain counties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.093(b), Education Code, is amended to

read as follows:

(b) The attendance officer or other appropriate school

official shall file a complaint against the parent in:

(1) the constitutional county court of the county in

which the parent resides or in which the school is located, if the

county has a population of 1.4 [two] million or more;

(2) a justice court of any precinct in the county in

which the parent resides or in which the school is located; or

(3) a municipal court of the municipality in which the

parent resides or in which the school is located.

SECTION 2. Section 25.094(b), Education Code, is amended to

read as follows:

(b) An offense under this section may be prosecuted in:

(1) the constitutional county court of the county in

which the individual resides or in which the school is located, if

the county has a population of 1.4 [two] million or more;

(2) a justice court of any precinct in the county in

which the individual resides or in which the school is located; or

(3) a municipal court in the municipality in which the

individual resides or in which the school is located.

SECTION 3. Section 54.021(a), Family Code, is amended to

read as follows:

(a) The juvenile court may waive its exclusive original

jurisdiction and transfer a child to the constitutional county

court, if the county has a population of 1.4 [two] million or more,

or to an appropriate justice or municipal court, with the

permission of the county, justice, or municipal court, for

disposition in the manner provided by Subsection (b) if the child is

alleged to have engaged in conduct described in Section

51.03(b)(2). A waiver of jurisdiction under this subsection may be

for an individual case or for all cases in which a child is alleged

to have engaged in conduct described in Section 51.03(b)(2). The

waiver of a juvenile court's exclusive original jurisdiction for

all cases in which a child is alleged to have engaged in conduct

described in Section 51.03(b)(2) is effective for a period of one

year.

SECTION 4. Section 26.045(d), Government Code, is amended

to read as follows:

(d) A county court in a county with a population of 1.4 [two]

million or more has original jurisdiction over cases alleging a

violation of Section 25.093 or 25.094, Education Code.

SECTION 5. Section 54.1171, Government Code, is amended to

read as follows:

Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter

applies to a constitutional county court in a county with a

population of 1.4 [two] million or more.

SECTION 6. (a) The changes in law made by this Act to

Sections 25.093 and 25.094, Education Code, apply only to an

offense committed on or after the effective date of this Act. For

purposes of this subsection, an offense is committed before the

effective date of this Act if any element of the offense occurs

before that date. An offense committed before the effective date of

this Act is covered by the law in effect immediately before the

effective date of this Act, and the former law is continued in

effect for that purpose.

(b) The change in law made by this Act to Section 54.021,

Family Code, applies only to conduct indicating a need for

supervision as described in Section 51.03(b)(2), Family Code,

engaged in by an individual on or after the effective date of this

Act. Conduct engaged in before the effective date of this Act is

covered by the law in effect immediately before the effective date

of this Act, and the former law is continued in effect for that

purpose.

(c) The change in law made by this Act to Section 26.045,

Government Code, applies only to a violation of Section 25.093 or

25.094, Education Code, committed on or after the effective date of

this Act. A violation committed before the effective date of this

Act is covered by the law in effect immediately before the effective

date of this Act, and the former law is continued in effect for that

purpose.

SECTION 7. This Act takes effect September 1, 2011.