| TO: | Honorable John Whitmire, Chair, Senate Committee on Criminal Justice |
| FROM: | Ursula Parks, Director, Legislative Budget Board |
| IN RE: | SB1234 by Whitmire ( Relating to the prevention of truancy and the offense of failure to attend school.), Committee Report 1st House, Substituted |
The bill would amend Chapter 45, Code of Criminal Procedure, to require a school district, court, or juvenile probation department to employ or jointly employ with another appropriate governmental entity a case manager to provide case services for juveniles appearing before a court or for a student before the student is referred to a court for the offense of failure to attend school. School districts that employ an attendance officer would not be required to employ a case manager for these purposes. The bill would amend Chapter 25 of the Education Code to require school districts to adopt additional truancy prevention measures. The Class C misdemeanor offense for failure to attend school would be limited to a fine not to exceed $100. The bill would repeal Sections 25.085(e) and (f) of the Education Code regarding compulsory school attendance for persons aged 18 to 21.
The Comptroller of Public Accounts does not anticipate a significant fiscal impact on the state. According to the Office of Court Administration the bill is not anticipated to have a significant fiscal impact on the courts. No significant impact to criminal justice populuations is anticipated.
Local governments would be required to employ a case manager to provide case services for juveniles. Ward County estimates costs of $70,000 per year in salary and benefits to comply with this provision. Midland County reported that this cost would be partially offset in that county by a $5 court cost fee for juvenile case managers.
The bill would cap truancy fines at $100. Burleson, Burnet, Dallas, and Midland Counties reported that this provision would not have a significant fiscal impact.
There could be a negative impact of indeterminate degree to local juvenile probation departments related to increased supervision populations.
| Source Agencies: | 212 Office of Court Administration, Texas Judicial Council, 304 Comptroller of Public Accounts, 644 Texas Juvenile Justice Department
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| LBB Staff: | UP, ESi, KKR, AH, JJO, JPo
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