Amend HB 1490 (house committee report) by striking all below the enacting clause and substituting the following:

SECTION 1.  Article 4.14(g), Code of Criminal Procedure, is amended to read as follows:

(g)  A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for:

(1)  all cases in which either municipality has jurisdiction under Subsection (a); and

(2)  cases that arise under Section 821.022, Health and Safety Code[, or Section 25.094, Education Code].

SECTION 2.  Articles 45.0216(f) and (g), Code of Criminal Procedure, are amended to read as follows:

(f)  The court shall order the conviction, together with all complaints, verdicts, sentences, and prosecutorial and law enforcement records, and any other documents relating to the offense, expunged from the person's record if the court finds that:

(1)  for a person applying for the expunction of a conviction for an offense described by Section 8.07(a)(4) or (5), Penal Code, the person was not convicted of any other offense described by Section 8.07(a)(4) or (5), Penal Code, while the person was a child; and

(2)  for a person applying for the expunction of a conviction for an offense described by Section 43.261, Penal Code, the person was not found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(7) [51.03(b)(8)], Family Code, while the person was a child.

(g)  This article does not apply to any offense otherwise covered by:

(1)  Chapter 106, Alcoholic Beverage Code; or

(2)  Chapter 161, Health and Safety Code[; or

[(3)     Section 25.094, Education Code].

SECTION 3.  Subchapter B, Chapter 45, Code of Criminal Procedure, is amended by adding Article 45.0541 to read as follows:

SECTION 4.  Article 45.056(a), Code of Criminal Procedure, as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted and amended to read as follows:

(a)  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, juvenile probation department, or other appropriate governmental entity may:

(1)  employ a case manager to provide services in cases involving juvenile offenders who are before a court consistent with the court's statutory powers or referred to a court by a school administrator or designee for misconduct that would otherwise be within the court's statutory powers prior to a case being filed, with the consent of the juvenile and the juvenile's parents or guardians;

(2)  employ one or more juvenile case managers who:

(A)  shall assist the court in administering the court's juvenile docket and in supervising the court's orders in juvenile cases; and

(B)  may provide:

(i)  prevention services to a child considered at risk of entering the juvenile justice system; and

(ii)  intervention services to juveniles engaged in misconduct before cases are filed, excluding traffic offenses; or

(3)  agree in accordance with Chapter 791, Government Code, with any appropriate governmental entity to jointly employ a case manager or to jointly contribute to the costs of a case manager employed by one governmental entity to provide services described by Subdivisions (1) and (2).

SECTION 5.  Article 102.014(d), Code of Criminal Procedure, is amended to read as follows:

(d)  A person convicted of an offense under Section 25.093 [or 25.094], Education Code, shall pay as taxable court costs $20 in addition to other taxable court costs. The additional court costs under this subsection shall be collected in the same manner that other fines and taxable court costs in the case are collected.

SECTION 6.  (a)  Section 7.111(a), Education Code, as amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted to read as follows:

(a)  The board shall provide for the administration of high school equivalency examinations.

(b)  Section 7.111(a-1), Education Code, is amended to conform to the amendment of Section 7.111(a), Education Code, by Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular Session, 2013, and is further amended to read as follows:

(a-1)  A person who does not have a high school diploma may take the examination in accordance with rules adopted by the board if the person is:

(1)  over 17 years of age;

(2)  16 years of age or older and:

(A)  is enrolled in a Job Corps training program under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 et seq.), and its subsequent amendments;

(B)  a public agency providing supervision of the person or having custody of the person under a court order recommends that the person take the examination; or

(C)  is enrolled in the Texas Military Department's [adjutant general's department's] Seaborne ChalleNGe Corps; or

(3)  required to take the examination under a court order issued under Section 65.103(a)(3), Family Code.

SECTION 7.  Section 25.085, Education Code, is amended by amending Subsections (b), (e), and (f) and adding Subsections (g) and (h) to read as follows:

(b)  Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th [18th] birthday shall attend school.

(e)  A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th [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 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.

(f)  The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply [25.094 applies] to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.

SECTION 8.  Sections 25.091(a) and (b), Education Code, are amended to read as follows:

(a)  A peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:

(1)  to investigate each case of a violation of compulsory school attendance requirements referred to the peace officer;

(2)  to enforce compulsory school attendance requirements by:

(A)  applying truancy prevention measures adopted under Section 25.0915 to the student; and

(B)  if the truancy prevention measures fail to meaningfully address the student's conduct:

(i)  referring the student to a truancy court [juvenile court or filing a complaint against the student in a county, justice, or municipal court] if the student has unexcused absences for the amount of time specified under Section 65.003(a) [25.094 or under Section 51.03(b)(2)], Family Code; or

(ii)  filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;

(3)  to serve court-ordered legal process;

(4)  to review school attendance records for compliance by each student investigated by the officer;

(5)  to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record; and

(6)  to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that a peace officer may not enter a residence without the permission of the parent of a student required under this subchapter to attend school or of the tenant or owner of the residence except to lawfully serve court-ordered legal process on the parent[; and

[(7)     to take a student into custody with the permission of the student's parent or in obedience to a court-ordered legal process].

(b)  An attendance officer employed by a school district who is not commissioned as a peace officer has the following powers and duties with respect to enforcement of compulsory school attendance requirements:

(1)  to investigate each case of a violation of the compulsory school attendance requirements referred to the attendance officer;

(2)  to enforce compulsory school attendance requirements by:

(A)  applying truancy prevention measures adopted under Section 25.0915 to the student; and

(B)  if the truancy prevention measures fail to meaningfully address the student's conduct:

(i)  referring the student to a truancy court [juvenile court or filing a complaint against the student in a county, justice, or municipal court] if the student has unexcused absences for the amount of time specified under Section 65.003(a) [25.094 or under Section 51.03(b)(2)], Family Code; and

(ii)  filing a complaint in a county, justice, or municipal court against a parent who violates Section 25.093;

(3)  to monitor school attendance compliance by each student investigated by the officer;

(4)  to maintain an investigative record on each compulsory school attendance requirement violation and related court action and, at the request of a court, the board of trustees of a school district, or the commissioner, to provide a record to the individual or entity requesting the record;

(5)  to make a home visit or otherwise contact the parent of a student who is in violation of compulsory school attendance requirements, except that the attendance officer may not enter a residence without permission of the parent or of the owner or tenant of the residence; and

(6)  at the request of a parent, to escort a student from any location to a school campus to ensure the student's compliance with compulsory school attendance requirements[; and

[(7)     if the attendance officer has or is informed of a court-ordered legal process directing that a student be taken into custody and the school district employing the officer does not employ its own police department, to contact the sheriff, constable, or any peace officer to request that the student be taken into custody and processed according to the legal process].

SECTION 9.  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 engages in conduct described by Section 65.003(a), Family Code; and

(2)  minimize the need for referrals to truancy [juvenile] court for conduct described by Section 65.003(a) [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)  Each referral to truancy [juvenile] court for conduct described by Section 65.003(a) [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) or (a-4) 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.

(c)  A truancy court shall dismiss a petition filed by a truant conduct prosecutor under Section 65.054, Family Code, if the court determines that the school district's referral:

(1)  does [complaint or referral made by a school district under this section that is] not comply [made in compliance] with Subsection (b);

(4)  is otherwise substantively defective.

SECTION 10.  Section 25.0916, Education Code, is amended by amending Subsections (a), (c), (f), (h), and (i) and adding Subsection (c-1) to read as follows:

(a)  This section applies only to a county with two or more courts hearing truancy cases and two or more school districts[:

[(1)     with a population greater than 1.5 million; and

[(2)     that includes at least:

[(A)     15 school districts with the majority of district territory in the county; and

[(B)     one school district with a student enrollment of 50,000 or more and an annual dropout rate spanning grades 9-12 of at least five percent, computed in accordance with standards and definitions adopted by the National Center for Education Statistics of the United States Department of Education].

(c)  Unless the county has already adopted a uniform truancy policy under this section, not [Not] later than January [September] 1, 2016 [2013], the county judge or the county judge's designee and the mayor of the municipality in the county with the greatest population or the mayor's designee shall each appoint one member to serve on the committee as a representative of each of the following:

(1)  a juvenile [district] court;

(2)  a municipal court;

(3)  the office of a justice of the peace;

(4)  the superintendent or designee of an independent school district;

(5)  an open-enrollment charter school, if one exists in the county;

(6)  the office of the prosecutor with original truancy jurisdiction in the county [district attorney]; and

(7)  the general public.

(f)  Unless a county has already adopted a uniform truancy policy under this section, not [Not] later than May [September] 1, 2016 [2014], the committee shall recommend:

(1)  a uniform process for filing truancy cases with truancy courts [the judicial system];

(2)  uniform administrative procedures;

(3)  uniform deadlines for processing truancy cases;

(4)  a local plan with strategies to address truancy, including effective prevention, intervention, and diversion methods to reduce truancy and referrals to a truancy [county, justice, or municipal] court;

(5)  a system for tracking truancy information and sharing truancy information among school districts, [and] open-enrollment charter schools, truancy courts, juvenile courts, and juvenile probation departments in the county; and

(6)  any changes to statutes or state agency rules the committee determines are necessary to address truancy.

(h)  The committee's presiding officer shall issue a report not later than December 1, 2017 [2015], to the county judge and mayor of the municipality with the greatest population in the county on the implementation of the recommendations and compliance with state truancy laws by a school district located in the county.

(i)  This section expires January 1, 2018 [2016].

SECTION 11.  Section 25.093, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (c-1) to read as follows:

(a)  If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code [25.094], the parent commits an offense.

(c)  An offense under Subsection (a) is a [Class C] misdemeanor, punishable by fine only, in an amount not to exceed:

(5)  $500 for a fifth or subsequent offense.

(c-1)  Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.

SECTION 12.  Sections 25.095(a), (b), and (c), Education Code, are amended to read as follows:

(a)  A school district or open-enrollment charter school shall notify a student's parent in writing at the beginning of the school year that if the student is absent from school on 10 or more days or parts of days within a six-month period in the same school year [or on three or more days or parts of days within a four-week period]:

(1)  the student's parent is subject to prosecution under Section 25.093; and

(2)  the student is subject to [prosecution under Section 25.094 or to] referral to a truancy [juvenile] court [in a county with a population of less than 100,000] for truant conduct under Section 65.003(a), Family Code [that violates that section].

(b)  A school district shall notify a student's parent if the student has been absent from school, without excuse under Section 25.087, on three days or parts of days within a four-week period. The notice must:

(1)  inform the parent that:

(A)  it is the parent's duty to monitor the student's school attendance and require the student to attend school; and

(B)  the student [parent] is subject to truancy prevention measures [prosecution] under Section 25.0915 [25.093]; and

(2)  request a conference between school officials and the parent to discuss the absences.

(c)  The fact that a parent did not receive a notice under Subsection (a) or (b) does not create a defense [to prosecution] under Section 25.093 or under Section 65.003(a), Family Code [25.094].

SECTION 13.  Section 25.0951, Education Code, is amended to read as follows:

Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR FAILURE TO ATTEND SCHOOL. (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 truancy [juvenile] court for truant conduct [indicating a need for supervision] under Section 65.003(a) [51.03(b)(2)], Family Code.

(b)  If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence [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].

[(c)]  In this subsection [section], "parent" includes a person standing in parental relation.

(c) [(d)]  A court shall dismiss a complaint [or referral] made by a school district under Subsection (b) [under this section] that:

(1)  does [is] not comply [made in compliance] with this section;

(4)  is otherwise substantively defective.

SECTION 14.  Section 25.0952, Education Code, is amended to read as follows:

Sec. 25.0952.  PROCEDURES APPLICABLE TO PARENT CONTRIBUTING TO NONATTENDANCE OFFENSE [SCHOOL ATTENDANCE-RELATED OFFENSES]. In a proceeding based on a complaint under Section 25.093 [or 25.094], the court shall, except as otherwise provided by this chapter, use the procedures and exercise the powers authorized by Chapter 45, Code of Criminal Procedure.

SECTION 15.  Section 29.087(d), Education Code, is amended to read as follows:

(d)  A student is eligible to participate in a program authorized by this section if:

(1)  the student has been ordered by a court under Section 65.103, Family Code [Article 45.054, Code of Criminal Procedure, as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001], or by the Texas Juvenile Justice Department [Youth Commission] to:

(A)  participate in a preparatory class for the high school equivalency examination; or

(B)  take the high school equivalency examination administered under Section 7.111; or

(2)  the following conditions are satisfied:

(A)  the student is at least 16 years of age at the beginning of the school year or semester;

(B)  the student is a student at risk of dropping out of school, as defined by Section 29.081;

(C)  the student and the student's parent or guardian agree in writing to the student's participation;

(D)  at least two school years have elapsed since the student first enrolled in ninth grade and the student has accumulated less than one third of the credits required to graduate under the minimum graduation requirements of the district or school; and

(E)  any other conditions specified by the commissioner.

SECTION 16.  Section 33.051(2), Education Code, is amended to read as follows:

(2)  "Missing child" means a child whose whereabouts are unknown to the legal custodian of the child and:

(A)  the circumstances of whose absence indicate that the child did not voluntarily leave the care and control of the custodian and that the taking of the child was not authorized by law; or

(B)  the child has engaged in conduct indicating a need for supervision under Section 51.03(b)(2) [51.03(b)(3)], Family Code.

SECTION 17.  Section 51.02(15), Family Code, is amended to read as follows:

(15)  "Status offender" means a child who is accused, adjudicated, or convicted for conduct that would not, under state law, be a crime if committed by an adult, including:

(A)  [truancy under Section 51.03(b)(2);

[(B)]  running away from home under Section 51.03(b)(2) [51.03(b)(3)];

(B) [(C)]  a fineable only offense under Section 51.03(b)(1) transferred to the juvenile court under Section 51.08(b), but only if the conduct constituting the offense would not have been criminal if engaged in by an adult;

[(D)     failure to attend school under Section 25.094, Education Code;]

(C) [(E)]  a violation of standards of student conduct as described by Section 51.03(b)(4) [51.03(b)(5)];

(D) [(F)]  a violation of a juvenile curfew ordinance or order;

(E) [(G)]  a violation of a provision of the Alcoholic Beverage Code applicable to minors only; or

(F) [(H)]  a violation of any other fineable only offense under Section 8.07(a)(4) or (5), Penal Code, but only if the conduct constituting the offense would not have been criminal if engaged in by an adult.

SECTION 18.  Sections 51.03(a), (b), (e), and (f), Family Code, are amended to read as follows:

(a)  Delinquent conduct is:

(1)  conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;

(2)  conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:

(A)  a justice or municipal court; [or]

(B)  a county court for conduct punishable only by a fine; or

(3)  conduct that violates Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or

(4)  conduct that violates Section 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).

(b)  Conduct indicating a need for supervision is:

(1)  subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A)  the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B)  the penal ordinances of any political subdivision of this state;

(2)  [the absence of a child on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period from school;

[(3)]  the voluntary absence of a child from the child's home without the consent of the child's parent or guardian for a substantial length of time or without intent to return;

(3) [(4)]  conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001, Health and Safety Code;

(4) [(5)]  an act that violates a school district's previously communicated written standards of student conduct for which the child has been expelled under Section 37.007(c), Education Code;

(5) [(6)]  conduct that violates a reasonable and lawful order of a court entered under Section 264.305;

(6) [(7)]  notwithstanding Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal Code; or

(7) [(8)]  notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code.

(e)  For the purposes of Subsection (b)(2) [(b)(3)], "child" does not include a person who is married, divorced, or widowed.

(f)  Conduct [Except as provided by Subsection (g), conduct] described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08(b).

SECTION 19.  Section 51.13(e), Family Code, is amended to read as follows:

(e)  A finding that a child engaged in conduct indicating a need for supervision as described by Section 51.03(b)(7) [51.03(b)(8)] is a conviction only for the purposes of Sections 43.261(c) and (d), Penal Code.

SECTION 20.  Section 54.0404(a), Family Code, is amended to read as follows:

(a)  If a child is found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(7) [51.03(b)(8)], the juvenile court may enter an order requiring the child to attend and successfully complete an educational program described by Section 37.218, Education Code, or another equivalent educational program.

SECTION 21.  Section 54.05(b), Family Code, is amended to read as follows:

(b)  Except for a commitment to the Texas Juvenile Justice Department or to a post-adjudication secure correctional facility under Section 54.04011[, a disposition under Section 54.0402,] or a placement on determinate sentence probation under Section 54.04(q), all dispositions automatically terminate when the child reaches the child's 18th birthday.

SECTION 22.  Section 58.0022, Family Code, is amended to read as follows:

Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY RUNAWAYS. A law enforcement officer who takes a child into custody with probable cause to believe that the child has engaged in conduct indicating a need for supervision as described by Section 51.03(b)(2) [51.03(b)(3)] and who after reasonable effort is unable to determine the identity of the child, may fingerprint or photograph the child to establish the child's identity. On determination of the child's identity or that the child cannot be identified by the fingerprints or photographs, the law enforcement officer shall immediately destroy all copies of the fingerprint records or photographs of the child.

SECTION 23.  Section 58.003(c-3), Family Code, is amended to read as follows:

(c-3)  Notwithstanding Subsections (a) and (c) and subject to Subsection (b), a juvenile court, on the court's own motion and without a hearing, shall order the sealing of records concerning a child found to have engaged in conduct indicating a need for supervision described by Section 51.03(b)(6) [51.03(b)(7)] or taken into custody to determine whether the child engaged in conduct indicating a need for supervision described by Section 51.03(b)(6) [51.03(b)(7)]. This subsection applies only to records related to conduct indicating a need for supervision described by Section 51.03(b)(6) [51.03(b)(7)].

SECTION 24.  Section 58.106(a), Family Code, is amended to read as follows:

(a)  Except as otherwise provided by this section, information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except:

(1)  with the permission of the juvenile offender, to military personnel of this state or the United States;

(2)  to a person or entity to which the department may grant access to adult criminal history records as provided by Section 411.083, Government Code;

(3)  to a juvenile justice agency;

(4)  to the Texas Juvenile Justice Department [Youth Commission and the Texas Juvenile Probation Commission] for analytical purposes;

(5)  to the office of independent ombudsman of the Texas Juvenile Justice Department [Youth Commission]; and

(6)  to a county, justice, or municipal court exercising jurisdiction over a juvenile[, including a court exercising jurisdiction over a juvenile under Section 54.021].

SECTION 25.  Section 59.003(a), Family Code, is amended to read as follows:

(a)  Subject to Subsection (e), after a child's first commission of delinquent conduct or conduct indicating a need for supervision, the probation department or prosecuting attorney may, or the juvenile court may, in a disposition hearing under Section 54.04 or a modification hearing under Section 54.05, assign a child one of the following sanction levels according to the child's conduct:

(1)  for conduct indicating a need for supervision, other than conduct described in Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A or B misdemeanor, the sanction level is one;

(2)  for conduct indicating a need for supervision under Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A or B misdemeanor, other than a misdemeanor involving the use or possession of a firearm, or for delinquent conduct under Section 51.03(a)(2), the sanction level is two;

(3)  for a misdemeanor involving the use or possession of a firearm or for a state jail felony or a felony of the third degree, the sanction level is three;

(4)  for a felony of the second degree, the sanction level is four;

(5)  for a felony of the first degree, other than a felony involving the use of a deadly weapon or causing serious bodily injury, the sanction level is five;

(6)  for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, the sanction level is six; or

(7)  for a felony of the first degree involving the use of a deadly weapon or causing serious bodily injury, for an aggravated controlled substance felony, or for a capital felony, if the petition has been approved by a grand jury under Section 53.045, or if a petition to transfer the child to criminal court has been filed under Section 54.02, the sanction level is seven.

SECTION 26.  Section 61.002(a), Family Code, is amended to read as follows:

(a)  Except as provided by Subsection (b), this chapter applies to a proceeding to enter a juvenile court order:

(1)  for payment of probation fees under Section 54.061;

(2)  for restitution under Sections 54.041(b) and 54.048;

(3)  for payment of graffiti eradication fees under Section 54.0461;

(4)  for community service under Section 54.044(b);

(5)  for payment of costs of court under Section 54.0411 or other provisions of law;

(6)  requiring the person to refrain from doing any act injurious to the welfare of the child under Section 54.041(a)(1);

(7)  enjoining contact between the person and the child who is the subject of a proceeding under Section 54.041(a)(2);

(8)  ordering a person living in the same household with the child to participate in counseling under Section 54.041(a)(3);

(9)  [requiring a parent or guardian of a child found to be truant to participate in an available program addressing truancy under Section 54.041(f);

[(10)]  requiring a parent or other eligible person to pay reasonable attorney's fees for representing the child under Section 51.10(e);

(10) [(11)]  requiring the parent or other eligible person to reimburse the county for payments the county has made to an attorney appointed to represent the child under Section 51.10(j);

(11) [(12)]  requiring payment of deferred prosecution supervision fees under Section 53.03(d);

(12) [(13)]  requiring a parent or other eligible person to attend a court hearing under Section 51.115;

(13) [(14)]  requiring a parent or other eligible person to act or refrain from acting to aid the child in complying with conditions of release from detention under Section 54.01(r);

(14) [(15)]  requiring a parent or other eligible person to act or refrain from acting under any law imposing an obligation of action or omission on a parent or other eligible person because of the parent's or person's relation to the child who is the subject of a proceeding under this title;

(15) [(16)]  for payment of fees under Section 54.0462; or

(16) [(17)]  for payment of the cost of attending an educational program under Section 54.0404.

SECTION 27.  The Family Code is amended by adding Title 3A to read as follows:

SECTION 28.  Section 264.304(c), Family Code, is amended to read as follows:

(c)  The court shall determine that the child is an at-risk child if the court finds that the child has engaged in the following conduct:

(1)  conduct, other than a traffic offense and except as provided by Subsection (d), that violates:

(A)  the penal laws of this state; or

(B)  the penal ordinances of any political subdivision of this state;

(2)  the unexcused voluntary absence of the child on 10 or more days or parts of days within a six-month period [or three or more days or parts of days within a four-week period] from school without the consent of the child's parent, managing conservator, or guardian;

(3)  the voluntary absence of the child from the child's home without the consent of the child's parent, managing conservator, or guardian for a substantial length of time or without intent to return;

(4)  conduct that violates the laws of this state prohibiting driving while intoxicated or under the influence of intoxicating liquor (first or second offense) or driving while under the influence of any narcotic drug or of any other drug to a degree that renders the child incapable of safely driving a vehicle (first or second offense); or

(5)  conduct that evidences a clear and substantial intent to engage in any behavior described by Subdivisions (1)-(4).

SECTION 29.  Section 26.045(d), Government Code, is amended to read as follows:

(d)  A county court in a county with a population of 1.75 million or more has original jurisdiction over cases alleging a violation of Section 25.093 [or 25.094], Education Code, or alleging truant conduct under Section 65.003(a), Family Code.

SECTION 30.  Section 29.003(i), Government Code, is amended to read as follows:

(i)  A municipality may enter into an agreement with a contiguous municipality or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement to establish concurrent jurisdiction of the municipal courts in the municipalities and provide original jurisdiction to a municipal court in which a case is brought as if the municipal court were located in the municipality in which the case arose, for:

(1)  all cases in which either municipality has jurisdiction under Subsection (a); and

(2)  cases that arise under Section 821.022, Health and Safety Code, or Section 65.003(a) [25.094], Family [Education] Code.

SECTION 31.  Subtitle B, Title 2, Government Code, is amended by adding Chapter 36 to read as follows:

SECTION 32.  Section 54.1172(a), Government Code, is amended to read as follows:

(a)  The county judge may appoint one or more part-time or full-time magistrates to hear a matter alleging a violation of Section 25.093 [or 25.094], Education Code, or alleging truant conduct under Section 65.003(a), Family Code.

SECTION 33.  Section 54.1952(a), Government Code, is amended to read as follows:

(a)  The county judge may appoint one or more part-time or full-time magistrates to hear a matter alleging a violation of Section 25.093 [or 25.094], Education Code, or alleging truant conduct under Section 65.003(a), Family Code, referred to the magistrate by a court having jurisdiction over the matter.

SECTION 34.  Section 54.1955, Government Code, is amended to read as follows:

Sec. 54.1955.  POWERS. (a)  Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:

(1)  conduct hearings;

(2)  hear evidence;

(3)  issue summons for the appearance of witnesses;

(4)  examine witnesses;

(5)  swear witnesses for hearings;

(6)  recommend rulings or orders or a judgment in a case;

(7)  regulate proceedings in a hearing;

(8)  accept a plea of guilty or nolo contendere in a case alleging a violation of Section 25.093 [or 25.094], Education Code, and assess a fine or court costs or order community service in satisfaction of a fine or costs in accordance with Article 45.049, Code of Criminal Procedure;

(9)  for a violation of Section 25.093, Education Code, enter an order suspending a sentence or deferring a final disposition that includes at least one of the requirements listed in Article 45.051, Code of Criminal Procedure;

(10)  for an uncontested adjudication of truant conduct under Section 65.003, Family Code, accept a plea to the petition or a stipulation of evidence, and take any other action authorized under Chapter 65, Family Code; and

(11)  perform any act and take any measure necessary and proper for the efficient performance of the duties required by the referral order, including the entry of an order that includes at least one of the remedial options [requirements] in Section 65.103, Family Code [Article 45.054, Code of Criminal Procedure; and

[(11)     if the magistrate finds that a child as defined by Article 45.058, Code of Criminal Procedure, has violated an order under Article 45.054, Code of Criminal Procedure, proceed as authorized by Article 45.050, Code of Criminal Procedure].

(b)  With respect to an issue of law or fact the ruling on which could result in the dismissal of a prosecution under Section 25.093 [or 25.094], Education Code, or a case of truant conduct under Section 65.003, Family Code, a magistrate may not rule on the issue but may make findings, conclusions, and recommendations on the issue.

SECTION 35.  Section 54.1956, Government Code, is amended to read as follows:

Sec. 54.1956.  NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED CONDUCT. (a)  On entry of a not guilty plea for a violation of Section 25.093, Education Code, the magistrate shall refer the case back to the referring court for all further pretrial proceedings and a full trial on the merits before the court or a jury.

SECTION 36.  Section 71.0352, Government Code, is amended to read as follows:

Sec. 71.0352.  JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL, AND TRUANCY [JUVENILE] COURTS. As a component of the official monthly report submitted to the Office of Court Administration of the Texas Judicial System:

(1)  a justice court, [and] municipal court, or truancy court [courts] shall report the number of cases filed for [the following offenses]:

(A)  truant conduct under Section 65.003(a), Family Code [failure to attend school under Section 25.094, Education Code];

(B)  the offense of parent contributing to nonattendance under Section 25.093, Education Code; and

(C)  a violation of a local daytime curfew ordinance adopted under Section 341.905 or 351.903, Local Government Code; and

(2)  in cases in which a child fails to obey an order of a justice court, [or] municipal court, or truancy court under circumstances that would constitute contempt of court, the justice court, [or] municipal court, or truancy court shall report the number of incidents in which the child is:

(A)  referred to the appropriate juvenile court for delinquent conduct as provided by Article 45.050(c)(1), Code of Criminal Procedure, or [and] Section 65.251 [51.03(a)(2)], Family Code; or

(B)  held in contempt, fined, or denied driving privileges as provided by Article 45.050(c)(2), Code of Criminal Procedure, or Section 65.251, Family Code.

SECTION 37.  Section 102.021, Government Code, is amended to read as follows:

Sec. 102.021.  COURT COSTS ON CONVICTION: CODE OF CRIMINAL PROCEDURE. A person convicted of an offense shall pay the following under the Code of Criminal Procedure, in addition to all other costs:

(1)  court cost on conviction of any offense, other than a conviction of an offense relating to a pedestrian or the parking of a motor vehicle (Art. 102.0045, Code of Criminal Procedure) . . . $4;

(2)  a fee for services of prosecutor (Art. 102.008, Code of Criminal Procedure) . . . $25;

(3)  fees for services of peace officer:

(A)  issuing a written notice to appear in court for certain violations (Art. 102.011, Code of Criminal Procedure) . . . $5;

(B)  executing or processing an issued arrest warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal Procedure) . . . $50;

(C)  summoning a witness (Art. 102.011, Code of Criminal Procedure) . . . $5;

(D)  serving a writ not otherwise listed (Art. 102.011, Code of Criminal Procedure) . . . $35;

(E)  taking and approving a bond and, if necessary, returning the bond to courthouse (Art. 102.011, Code of Criminal Procedure) . . . $10;

(F)  commitment or release (Art. 102.011, Code of Criminal Procedure) . . . $5;

(G)  summoning a jury (Art. 102.011, Code of Criminal Procedure) . . . $5;

(H)  attendance of a prisoner in habeas corpus case if prisoner has been remanded to custody or held to bail (Art. 102.011, Code of Criminal Procedure) . . . $8 each day;

(I)  mileage for certain services performed (Art. 102.011, Code of Criminal Procedure) . . . $0.29 per mile; and

(J)  services of a sheriff or constable who serves process and attends examining trial in certain cases (Art. 102.011, Code of Criminal Procedure) . . . not to exceed $5;

(4)  services of a peace officer in conveying a witness outside the county (Art. 102.011, Code of Criminal Procedure) . . . $10 per day or part of a day, plus actual necessary travel expenses;

(5)  overtime of peace officer for time spent testifying in the trial or traveling to or from testifying in the trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;

(6)  court costs on an offense relating to rules of the road, when offense occurs within a school crossing zone (Art. 102.014, Code of Criminal Procedure) . . . $25;

(7)  court costs on an offense of passing a school bus (Art. 102.014, Code of Criminal Procedure) . . . $25;

(8)  court costs on an offense of parent contributing to student nonattendance [truancy or contributing to truancy] (Art. 102.014, Code of Criminal Procedure) . . . $20;

(9)  cost for visual recording of intoxication arrest before conviction (Art. 102.018, Code of Criminal Procedure) . . . $15;

(10)  cost of certain evaluations (Art. 102.018, Code of Criminal Procedure) . . . actual cost;

(11)  additional costs attendant to certain intoxication convictions under Chapter 49, Penal Code, for emergency medical services, trauma facilities, and trauma care systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;

(12)  additional costs attendant to certain child sexual assault and related convictions, for child abuse prevention programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;

(13)  court cost for DNA testing for certain felonies (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;

(14)  court cost for DNA testing for the offense of public lewdness or indecent exposure (Art. 102.020(a)(2), Code of Criminal Procedure) . . . $50;

(15)  court cost for DNA testing for certain felonies (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;

(16)  if required by the court, a restitution fee for costs incurred in collecting restitution installments and for the compensation to victims of crime fund (Art. 42.037, Code of Criminal Procedure) . . . $12;

(17)  if directed by the justice of the peace or municipal court judge hearing the case, court costs on conviction in a criminal action (Art. 45.041, Code of Criminal Procedure) . . . part or all of the costs as directed by the judge; and

(18)  costs attendant to convictions under Chapter 49, Penal Code, and under Chapter 481, Health and Safety Code, to help fund drug court programs established under Chapter 122, 123, 124, or 125, Government Code, or former law (Art. 102.0178, Code of Criminal Procedure) . . . $60.

SECTION 38.  Section 103.021, Government Code, is amended to read as follows:

Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, or a party to a civil suit, as applicable, shall pay the following fees and costs under the Code of Criminal Procedure if ordered by the court or otherwise required:

(1)  a personal bond fee (Art. 17.42, Code of Criminal Procedure) . . . the greater of $20 or three percent of the amount of the bail fixed for the accused;

(2)  cost of electronic monitoring as a condition of release on personal bond (Art. 17.43, Code of Criminal Procedure) . . . actual cost;

(3)  a fee for verification of and monitoring of motor vehicle ignition interlock (Art. 17.441, Code of Criminal Procedure) . . . not to exceed $10;

(3-a)  costs associated with operating a global positioning monitoring system as a condition of release on bond (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(3-b)  costs associated with providing a defendant's victim with an electronic receptor device as a condition of the defendant's release on bond (Art. 17.49(b)(3), Code of Criminal Procedure) . . . actual costs, subject to a determination of indigency;

(4)  repayment of reward paid by a crime stoppers organization on conviction of a felony (Art. 37.073, Code of Criminal Procedure) . . . amount ordered;

(5)  reimbursement to general revenue fund for payments made to victim of an offense as condition of community supervision (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for a misdemeanor offense or $100 for a felony offense;

(6)  payment to a crime stoppers organization as condition of community supervision (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50;

(7)  children's advocacy center fee (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50;

(8)  family violence center fee (Art. 42.12, Code of Criminal Procedure) . . . $100;

(9)  community supervision fee (Art. 42.12, Code of Criminal Procedure) . . . not less than $25 or more than $60 per month;

(10)  additional community supervision fee for certain offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per month;

(11)  for certain financially able sex offenders as a condition of community supervision, the costs of treatment, specialized supervision, or rehabilitation (Art. 42.12, Code of Criminal Procedure) . . . all or part of the reasonable and necessary costs of the treatment, supervision, or rehabilitation as determined by the judge;

(12)  fee for failure to appear for trial in a justice or municipal court if a jury trial is not waived (Art. 45.026, Code of Criminal Procedure) . . . costs incurred for impaneling the jury;

(13)  costs of certain testing, assessments, or programs during a deferral period (Art. 45.051, Code of Criminal Procedure) . . . amount ordered;

(14)  special expense on dismissal of certain misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . . . not to exceed amount of fine assessed;

(15)  an additional fee:

(A)  for a copy of the defendant's driving record to be requested from the Department of Public Safety by the judge (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal to the sum of the fee established by Section 521.048, Transportation Code, and the state electronic Internet portal fee;

(B)  as an administrative fee for requesting a driving safety course or a course under the motorcycle operator training and safety program for certain traffic offenses to cover the cost of administering the article (Art. 45.0511(f)(1), Code of Criminal Procedure) . . . not to exceed $10; or

(C)  for requesting a driving safety course or a course under the motorcycle operator training and safety program before the final disposition of the case (Art. 45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the maximum amount of the fine for the offense committed by the defendant;

(16)  a request fee for teen court program (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise not to exceed $10;

(17)  a fee to cover costs of required duties of teen court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the court ordering the fee is located in the Texas-Louisiana border region, but otherwise $10;

(18)  a mileage fee for officer performing certain services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per mile;

(19)  certified mailing of notice of hearing date (Art. 102.006, Code of Criminal Procedure) . . . $1, plus postage;

(20)  certified mailing of certified copies of an order of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, plus postage;

(20-a)  a fee to defray the cost of notifying state agencies of orders of expungement (Art. 45.0216, Code of Criminal Procedure) . . . $30 per application;

[(20-b)     a fee to defray the cost of notifying state agencies of orders of expunction (Art. 45.055, Code of Criminal Procedure) .   .   . $30 per application;]

(21)  sight orders:

(A)  if the face amount of the check or sight order does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $10;

(B)  if the face amount of the check or sight order is greater than $10 but does not exceed $100 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $15;

(C)  if the face amount of the check or sight order is greater than $100 but does not exceed $300 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $30;

(D)  if the face amount of the check or sight order is greater than $300 but does not exceed $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $50; and

(E)  if the face amount of the check or sight order is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . . not to exceed $75;

(22)  fees for a pretrial intervention program:

(A)  a supervision fee (Art. 102.012(a), Code of Criminal Procedure) . . . $60 a month plus expenses; and

(B)  a district attorney, criminal district attorney, or county attorney administrative fee (Art. 102.0121, Code of Criminal Procedure) . . . not to exceed $500;

(23)  parking fee violations for child safety fund in municipalities with populations:

(A)  greater than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not less than $2 and not to exceed $5; and

(B)  less than 850,000 (Art. 102.014, Code of Criminal Procedure) . . . not to exceed $5;

(24)  an administrative fee for collection of fines, fees, restitution, or other costs (Art. 102.072, Code of Criminal Procedure) . . . not to exceed $2 for each transaction; and

(25)  a collection fee, if authorized by the commissioners court of a county or the governing body of a municipality, for certain debts and accounts receivable, including unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 percent of an amount more than 60 days past due.

SECTION 39.  Subchapter B, Chapter 103, Government Code, is amended by adding Section 103.035 to read as follows:

SECTION 40.  Section 81.032, Local Government Code, is amended to read as follows:

Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS. The commissioners court may accept a gift, grant, donation, bequest, or devise of money or other property on behalf of the county, including a donation under Chapter 36, Government Code, for the purpose of performing a function conferred by law on the county or a county officer.

SECTION 41.  The following laws are repealed:

(1)  Articles 45.054 and 45.055, Code of Criminal Procedure;

(2)  Sections 25.094 and 25.0916(d), Education Code; and

(3)  Sections 51.03(d), (e-1), and (g), 51.04(h), 51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1), Family Code.

SECTION 42.  The changes in law made by this Act apply only to an offense committed or conduct that occurs on or after the effective date of this Act. An offense committed or conduct that occurs before the effective date of this Act is governed by the law in effect on the date the offense was committed or the conduct occurred, and the former law is continued in effect for that purpose. For purposes of this section, an offense is committed or conduct occurs before the effective date of this Act if any element of the offense or conduct occurs before that date.

SECTION 43.  To the extent of any conflict, this Act prevails over another Act of the 84th Legislature, Regular Session, 2015, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 44.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.