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SENATE ENGROSSED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Subsection (i),
Article 45.054, Code of Criminal Procedure, is amended.
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SECTION 1. Same as engrossed
version.
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SECTION 2. Subsection (e),
Article 45.055, Code of Criminal Procedure, is amended.
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SECTION 2. Same as engrossed
version.
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SECTION 3. Article 45.056,
Code of Criminal Procedure, is amended by amending Subsection (a) and
adding Subsection (a-1) to read as follows:
(a) Except as provided by
Subsection (a-1), [On approval of the commissioners court, city
council, school district board of trustees, juvenile board, or other
appropriate authority,] a county court, justice court, municipal court,
school district, or juvenile probation department shall[,
or other appropriate governmental entity may:
[(1)] employ a case
manager or agree, in accordance with Chapter 791, Government Code, with
any entity listed in this subsection or another appropriate governmental
entity to jointly employ a case manager to provide services in cases
involving:
(1) a juvenile offender
who is [offenders] before a court consistent with the court's
statutory powers; or
(2) a student, before the
student is referred to a court for a violation of Section 25.094, Education
Code, who is referred to the case manager by a school administrator or
designee for intervention services because the student is considered at
risk of dropping out of school, if the student and the student's parent or guardian
consent to the referral to the [agree in accordance with Chapter
791, Government Code, to jointly employ a] case manager.
(a-1) A school district
that has selected an attendance officer under
Section 25.088, Education Code, is not required to employ a case
manager.
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SECTION 3. Article 45.056,
Code of Criminal Procedure, is amended by amending Subsection (a) and
adding Subsection (a-1) to read as follows:
(a) Except as provided by
Subsection (a-1), [On approval of the commissioners court, city council,
school district board of trustees, juvenile board, or other appropriate
authority,] a county court, justice court, municipal court, school
district, or juvenile probation department shall[, or
other appropriate governmental entity may:
[(1)] employ a case
manager or agree, in accordance with Chapter 791, Government Code, with
any entity listed in this subsection or another appropriate governmental
entity to jointly employ a case manager to provide services in cases
involving:
(1) a juvenile offender
who is [offenders] before a court consistent with the court's
statutory powers; or
(2) a student, before the
student is referred to a court for a violation of Section 25.094, Education
Code, who is referred to the case manager by a school administrator or
designee for intervention services because the student is considered at
risk of dropping out of school, if the student and the student's parent or
guardian consent to the referral to the [agree in accordance with
Chapter 791, Government Code, to jointly employ a] case manager.
(a-1) A school district
that employs a truancy prevention facilitator
is not required to employ a case manager.
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(See SECTION 8 below.)
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SECTION 4. Subsection (e),
Section 25.085, Education Code, is amended to read as follows:
(e) A person who voluntarily
enrolls in school or voluntarily attends school after the person's 18th
birthday shall attend school each school day for the entire period the
program of instruction is offered. A school district may revoke for the
remainder of the school year the enrollment of a person who has more than
five absences in a semester that are not excused under Section 25.087,
except that a school district may not revoke the enrollment of a person
under this subsection on a day on which the person is physically present at
school. A person whose enrollment is revoked under this subsection may
be considered an unauthorized person on school district grounds for
purposes of Section 37.107.
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SECTION 4. Subsection (a),
Section 25.087, Education Code, is amended to read as follows:
(a) A person required to
attend school[, including a person required to attend school under
Section 25.085(e),] may be excused for temporary absence resulting from
any cause acceptable to the teacher, principal, or superintendent of the
school in which the person is enrolled.
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SECTION 5. Same as engrossed
version.
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SECTION 5. Section 25.0915,
Education Code, is amended to read as follows:
Sec. 25.0915. TRUANCY
PREVENTION MEASURES; REFERRAL AND FILING REQUIREMENT. (a) A school
district shall adopt truancy prevention measures designed to:
(1) address student conduct
related to truancy in the school setting before the student violates
Section 25.094;
(2) minimize the need for
referrals to juvenile court for conduct described by Section 51.03(b)(2),
Family Code; and
(3) minimize the filing of
complaints in county, justice, and municipal courts alleging a violation of
Section 25.094.
(b) As a truancy
prevention measure under Subsection (a), a school district shall:
(1) issue a warning
letter to the student and the student's parent or guardian that states the
number of absences of the student and explains the consequences if the
student has additional absences;
(2) impose:
(A) a behavior contract on the student that must be signed
by the student, the student's parent or guardian, and an employee of the
school and that includes:
(i) a specific
description of the behavior that is required or prohibited for the student;
(ii) the period for which
the contract will be effective, not to
exceed 45 school days after the date the contract becomes effective; and
(iii) the penalties for
additional absences, including additional disciplinary action or the
referral of the student to a juvenile court; and
(B) school-based
community service; or
(3) refer the student to
counseling, community-based services, or other in-school or out-of-school
services aimed at addressing the student's truancy.
(c) A referral made under
Subsection (b)(3) may include participation by the child's parent or
guardian if necessary.
(d) Each referral to
juvenile court for conduct described by Section 51.03(b)(2), Family Code,
or complaint filed in county, justice, or municipal court alleging a
violation by a student of Section 25.094 must:
(1) be accompanied by a
statement from the student's school certifying that:
(A) the school applied the
truancy prevention measures adopted under Subsection (a) to the student;
and
(B) the truancy prevention
measures failed to meaningfully address the student's school attendance;
and
(2) specify whether the
student is eligible for or receives special education services under
Subchapter A, Chapter 29.
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SECTION 6. Section 25.0915,
Education Code, is amended to read as follows:
Sec. 25.0915. TRUANCY
PREVENTION MEASURES; REFERRAL AND FILING REQUIREMENT. (a) A school
district shall adopt truancy prevention measures designed to:
(1) address student conduct
related to truancy in the school setting before the student violates
Section 25.094;
(2) minimize the need for
referrals to juvenile court for conduct described by Section 51.03(b)(2),
Family Code; and
(3) minimize the filing of
complaints in county, justice, and municipal courts alleging a violation of
Section 25.094.
(b) As a truancy
prevention measure under Subsection (a), a school district may:
(1) issue a warning
letter to the student and the student's parent or guardian that states the
number of absences of the student and explains the consequences if the
student has additional absences;
(2) impose:
(A) a behavior improvement plan on the student that must be
signed by the student, the student's parent or guardian, and an employee of
the school and that includes:
(i) a specific
description of the behavior that is required or prohibited for the student;
(ii) the period for which
the plan will be effective, not to
exceed 45 school days after the date the contract becomes effective; and
(iii) the penalties for
additional absences, including additional disciplinary action or the
referral of the student to a juvenile court; and
(B) school-based
community service; or
(3) refer the student to
counseling, community-based services, or other in-school or out-of-school
services aimed at addressing the student's truancy.
(c) A referral made under
Subsection (b)(3) may include participation by the child's parent or
guardian if necessary.
(d) Each referral to
juvenile court for conduct described by Section 51.03(b)(2), Family Code,
or complaint filed in county, justice, or municipal court alleging a
violation by a student of Section 25.094 must:
(1) be accompanied by a
statement from the student's school certifying that:
(A) the school applied the
truancy prevention measures adopted under Subsection (a) to the student;
and
(B) the truancy prevention
measures failed to meaningfully address the student's school attendance;
and
(2) specify whether the
student is eligible for or receives special education services under
Subchapter A, Chapter 29.
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SECTION 6. Subsection (e),
Section 25.094, Education Code, is amended to read as follows:
(e) An offense under this
section is a Class C misdemeanor punishable by a fine not to exceed $100.
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SECTION 7. Subsection (e),
Section 25.094, Education Code, is amended to read as follows:
(e) An offense under this
section is a Class C misdemeanor punishable by a fine not to exceed:
(1) $100 for a first offense;
(2) $200 for a second offense;
(3) $300 for a third offense;
(4) $400 for a fourth offense; or
(5) $500 for a fifth or subsequent offense.
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SECTION 7. Subsections (a)
and (b), Section 25.0951, Education Code, are amended to read as follows:
(a) If a student fails to
attend school without excuse on 10 or more days or parts of days within a
six-month period in the same school year, a school district shall within 10
school days of the student's 10th absence:
(1) file a complaint against
the student or the student's parent [or
both] in a county, justice, or municipal court for an offense
under Section 25.093 or 25.094, as appropriate, or refer the student to a
juvenile court in a county with a population of less than 100,000 for
conduct that violates Section 25.094; or
(2) refer the student to a
juvenile court for conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
(b) If a student fails to attend
school without excuse on three or more days or parts of days within a
four-week period but does not fail to attend school for the time described
by Subsection (a), the school district may:
(1) file a complaint against
the student or the student's parent [or
both] in a county, justice, or municipal court for an offense
under Section 25.093 or 25.094, as appropriate, or refer the student to a
juvenile court in a county with a population of less than 100,000 for
conduct that violates Section 25.094; or
(2) refer the student to a
juvenile court for conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
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SECTION 8. Subsections (a)
and (b), Section 25.0951, Education Code, are amended to read as follows:
(a) If a student fails to
attend school without excuse on 10 or more days or parts of days within a
six-month period in the same school year, a school district shall within 10
school days of the student's 10th absence:
(1) file a complaint against
the student or the student's parent or, if
the district provides evidence that both the student and the student's
parent contributed to the student's failure to attend school, both the
student and the parent in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or refer the
student to a juvenile court in a county with a population of less than
100,000 for conduct that violates Section 25.094; or
(2) refer the student to a
juvenile court for conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
(b) If a student fails to
attend school without excuse on three or more days or parts of days within
a four-week period but does not fail to attend school for the time
described by Subsection (a), the school district may:
(1) file a complaint against
the student or the student's parent or, if
the district provides evidence that both the student and the student's
parent contributed to the student's failure to attend school, both the
student and the parent in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or refer the
student to a juvenile court in a county with a population of less than
100,000 for conduct that violates Section 25.094; or
(2) refer the student to a
juvenile court for conduct indicating a need for supervision under Section
51.03(b)(2), Family Code.
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SECTION 8. Subsections (e)
and (f), Section 25.085, Education Code, are repealed.
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(See SECTION 4 above.)
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SECTION 9. The changes in
law made by this Act apply only to conduct violating Section 25.094,
Education Code, on or after the effective date of this Act. A violation
that occurs before the effective date of this Act is covered by the law in
effect when the violation occurred, and the former law is continued in
effect for that purpose. For purposes of this section, a violation occurs
before the effective date of this Act if any element of the violation
occurs before that date.
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SECTION 9. Same as engrossed
version.
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SECTION 10. This Act takes
effect September 1, 2013.
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SECTION 10. Same as engrossed
version.
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