82R1911 PMO-F
 
  By: Nelson S.B. No. 255
 
 
 
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.