INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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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].
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No
equivalent provision.
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SECTION 2. Article
45.0216(g), Code of Criminal Procedure, is amended.
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SECTION 1. Same as introduced
version.
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No
equivalent provision.
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SECTION 2. Articles
45.054(a) and (i), Code of Criminal Procedure, are amended to read as
follows:
(a) On a finding by a
county, justice, or municipal court that an individual has engaged in
conduct that violates [committed an offense under] Section
25.094, Education Code, the court has jurisdiction to enter an order that
includes one or more of the following provisions requiring that:
(1) the individual:
(A) attend school without
unexcused absences;
(B) attend a preparatory
class for the high school equivalency examination administered under
Section 7.111, Education Code, if the court determines that the individual
is too old to do well in a formal classroom environment; or
(C) if the individual is at
least 16 years of age, take the high school equivalency examination
administered under Section 7.111, Education Code;
(2) the individual attend a
special program that the court determines to be in the best interest of the
individual, including:
(A) an alcohol and drug
abuse program;
(B) a rehabilitation
program;
(C) a counseling program,
including self-improvement counseling;
(D) a program that provides
training in self-esteem and leadership;
(E) a work and job skills
training program;
(F) a program that provides
training in parenting, including parental responsibility;
(G) a program that provides
training in manners;
(H) a program that provides
training in violence avoidance;
(I) a program that provides
sensitivity training; and
(J) a program that provides
training in advocacy and mentoring;
(3) the individual and the
individual's parent attend a class for students at risk of dropping out of
school designed for both the individual and the individual's parent;
(4) the individual complete
reasonable community service requirements; or
(5) for the total number of
hours ordered by the court, the individual participate in a tutorial
program covering the academic subjects in which the student is enrolled
provided by the school the individual attends.
(i) A county, justice, or
municipal court shall dismiss the complaint against an individual alleging
that the individual has engaged in conduct that violates [committed
an offense under] Section 25.094, Education Code, if:
(1) the court finds that the
individual has successfully complied with the conditions imposed on the
individual by the court under this article; or
(2) the individual presents
to the court proof that the individual has obtained a high school diploma
or a high school equivalency certificate.
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No
equivalent provision.
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SECTION 3. Subchapter B,
Chapter 45, Code of Criminal Procedure, is amended by adding Article
45.0541 to read as follows:
Art. 45.0541. AUTOMATIC
EXPUNCTION OF TRUANCY RECORDS. (a) In this article, "truancy offense"
means an offense committed under Section 25.094, Education Code.
(b) An individual who has
been convicted of a truancy offense or has had a complaint for a truancy
offense dismissed is entitled to have the conviction or complaint and
records relating to the conviction or complaint automatically expunged.
(c) The court in which
the individual was convicted or a complaint for a truancy offense was filed
shall order the conviction, complaints, verdicts, sentences, and other
documents relating to the offense, including any documents in the
possession of a school district or law enforcement agency, to be expunged
from the individual's record. After entry of the order, the individual is
released from all disabilities resulting from the conviction or complaint,
and the conviction or complaint may not be shown or made known for any
purpose. The court shall inform the individual of the expunction.
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SECTION 3. Article
45.056(k), Code of Criminal Procedure, is amended to read as follows:
(k) Subsections (i) and (j)
do not apply to[:
[(1)] a part-time
judge[; or
[(2) a county judge of a
county court that has one or more appointed full-time magistrates under
Section 54.1172, Government Code].
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No
equivalent provision.
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No
equivalent provision.
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SECTION 4. 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, Education Code, or found to have
engaged in conduct that violates Section 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.
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SECTION 4. (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 54.0492(a)(1)(C),
Family Code.
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No
equivalent provision.
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SECTION 5. 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 and progressive truancy interventions adopted
under Section 25.0915 to the student; and
(B) if the truancy
prevention measures or progressive truancy interventions fail to
meaningfully address the student's conduct,[:
[(i)] referring the
student to a 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 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;
(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 and progressive truancy interventions adopted
under Section 25.0915 to the student; and
(B) if the truancy
prevention measures and progressive truancy interventions fail to
meaningfully address the student's conduct,[:
[(i)] referring the
student to a 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 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;
(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.
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SECTION 5. 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 and progressive truancy interventions adopted
under Section 25.0915 to the student; and
(B) if the truancy
prevention measures or progressive truancy interventions fail to
meaningfully address the student's conduct:
(i) referring the student to
a 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 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;
(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 and progressive truancy interventions adopted
under Section 25.0915 to the student; and
(B) if the truancy
prevention measures and progressive truancy interventions fail to
meaningfully address the student's conduct:
(i) referring the student to
a 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 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;
(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.
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SECTION 6. Section 25.0915,
Education Code, is amended to read as follows:
Sec. 25.0915. TRUANCY
PREVENTION MEASURES AND PROGRESSIVE TRUANCY INTERVENTIONS; REFERRAL [AND FILING] REQUIREMENT.
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SECTION 6. The heading to
Section 25.0915, Education Code, is amended to read as follows:
Sec. 25.0915. TRUANCY
PREVENTION MEASURES AND PROGRESSIVE TRUANCY INTERVENTIONS; REFERRAL AND FILING REQUIREMENT.
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(a) A school district shall
adopt truancy prevention measures and progressive truancy interventions
for students who violate compulsory attendance requirements that are
designed to:
(1) address student conduct
related to truancy in the school setting; and
(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) 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 and the progressive truancy interventions
adopted under Subsection (a) to the student; and
(B) the truancy prevention
measures and the progressive truancy interventions 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 court shall dismiss a [complaint or] referral made by a school
district under this section that is not made in compliance with Subsection
(b).
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SECTION 7. Sections
25.0915(a) and (b), Education Code, are amended to read as follows:
(a) A school district shall
adopt truancy prevention measures and progressive truancy interventions
for students who violate compulsory attendance requirements that are
designed to:
(1) address student conduct
related to truancy in the school setting;
(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) 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 and the progressive truancy interventions
adopted under Subsection (a) to the student; and
(B) the truancy prevention
measures and the progressive truancy interventions 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 7. Subchapter C,
Chapter 25, Education Code, is amended by adding Section 25.0917.
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SECTION 8. Same as introduced
version.
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No
equivalent provision.
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SECTION 9. Section 25.094,
Education Code, is amended by amending Subsections (a), (b), (c), (d-1),
(f), and (g) and adding Subsections (e-1) and (e-2) to read as follows:
(a) An individual is
liable to the state for a civil penalty not to exceed $100 [commits
an offense] if the individual:
(1) is 12 years of age or
older and younger than 18 years of age;
(2) is required to attend
school under Section 25.085; and
(3) fails to attend 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.
(b) An action [offense]
under this section may be brought [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 1.75 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.
(c) On a finding by the
county, justice, or municipal court [that the individual has committed
an offense under Subsection (a) or on a finding by a juvenile court in a
county with a population of less than 100,000] that the individual has
engaged in conduct that violates Subsection (a), the court may enter an
order that includes one or more of the requirements listed in Article
45.054, Code of Criminal Procedure[, as added by Chapter 1514, Acts of
the 77th Legislature, Regular Session, 2001].
(d-1) Pursuant to an order
of the county, justice, or municipal court based on an affidavit showing
probable cause to believe that an individual has violated [committed
an offense under] this section, a peace officer may issue a citation
or take the individual into custody. A peace officer taking an
individual into custody under this subsection shall:
(1) promptly notify the
individual's parent, guardian, or custodian of the officer's action and the
reason for that action; and
(2) without unnecessary
delay:
(A) release the individual
to the individual's parent, guardian, or custodian or to another
responsible adult, if the person promises to bring the individual to the
county, justice, or municipal court as requested by the court; or
(B) bring the individual to
a county, justice, or municipal court with venue over the offense.
(e-1) The imposition of a
civil penalty under this section is not a conviction and may not be considered
a conviction for any purpose.
(e-2) The district or
county attorney of the county in which the conduct described by this
section is alleged to have occurred shall bring an action in a county,
justice, or municipal court to collect the civil penalty of a person who is
taken into custody or is issued a citation for a violation under this
section.
(f) It is a [an
affirmative] defense [to prosecution] under this section that
one or more of the absences required to be proven under Subsection (a) were
excused by a school official or by the court or that one or more of the
absences were involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute an offense under
this section. The burden is on the respondent [defendant] to
show by a preponderance of the evidence that the absence has been excused
or that the absence was involuntary. A decision by the court to excuse an
absence for purposes of this section does not affect the ability of the
school district to determine whether to excuse the absence for another
purpose.
(g) It is a [an
affirmative] defense [to prosecution] under this section that
one or more of the absences required to be proven under Subsection (a) was
involuntary. The burden is on the respondent [defendant] to
show by a preponderance of the evidence that the absence was involuntary.
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SECTION 8. Sections
25.095(a) and (b), 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 juvenile court [in a county with
a population of less than 100,000 for
conduct 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 is subject to referral to a juvenile
court if the student misses 10 or more days or parts of days within a
six-month period in the same school year [the parent is subject to prosecution under Section 25.093];
and
(2) request a first-tier
progressive truancy intervention conference under Section
25.0917(c)(1) [between school officials and the parent] to
discuss the absences.
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SECTION 10. 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 an action brought [prosecution] under Section 25.094 or to
referral to a juvenile court [in a county with a population of less than
100,000] for conduct indicating a
need for supervision [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 parent is subject to prosecution under Section 25.093;
and
(2) request a first-tier
progressive truancy intervention conference under Section
25.0917(c)(1) [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, a defense
to an action brought under Section [or] 25.094, or a defense
in a disposition hearing on an issue as to whether the child engaged in
conduct indicating a need for supervision.
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SECTION 9. The heading to
Section 25.0951, Education Code, is amended to read as follows:
Sec. 25.0951. SCHOOL
DISTRICT [COMPLAINT OR] REFERRAL FOR TRUANCY [FAILURE TO
ATTEND SCHOOL].
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No
equivalent provision.
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SECTION 10. Sections
25.0951(a) and (d), 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 may, [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.
(d)
A court shall dismiss a [complaint or] referral made by a school
district under this section that is not made in compliance with this
section.
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SECTION 11. Sections
25.0951(a) and (b), 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 may [shall]
within 10 school days of the student's most
recent [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, bring an action in a county, justice, or municipal court for
conduct that violates Section [or] 25.094, [as appropriate,]
or refer the student to a juvenile court for a determination as to
whether the child engaged in conduct indicating a need for supervision
[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, bring an action in a county, justice, or municipal court
for conduct that violates Section [or] 25.094, [as
appropriate,] or refer the student to a juvenile court for a
determination as to whether the child engaged in conduct indicating a need
for supervision [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 11. 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 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 department [commissioner].
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No
equivalent provision.
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SECTION 12. Section
51.02(15), Family Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Section
51.03(b), Family Code, is amended to read as follows:
(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;
(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;
(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;
(6) conduct that violates a
reasonable and lawful order of a court entered under Section 264.305;
(7) notwithstanding
Subsection (a)(1), conduct described by Section 43.02(a)(1) or (2), Penal
Code; or
(8) notwithstanding
Subsection (a)(1), conduct that violates Section 43.261, Penal Code.
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No
equivalent provision.
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SECTION 14. Section
51.04(a), Family Code, is amended to read as follows:
(a) This title covers the
proceedings in all cases involving the delinquent conduct or conduct
indicating a need for supervision engaged in by a person who was a child
within the meaning of this title at the time the person engaged in the
conduct, and[, except as provided by Subsection (h),] the juvenile
court has exclusive original jurisdiction over proceedings under this
title.
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No
equivalent provision.
|
No
equivalent provision.
|
SECTION 13. Sections
54.021(b), (c), (d), and (e), Family Code, are amended to read as follows:
(b) A county, justice, or
municipal court may exercise jurisdiction over a person alleged to have
engaged in conduct indicating a need for supervision by engaging in conduct
described in Section 51.03(b)(2) in a case where:
(1) the person is 12 years
of age or older;
(2) the juvenile court has
waived its original jurisdiction under this section; and
(3) an action [a
complaint] is filed by the appropriate authority in the county,
justice, or municipal court for a violation [charging an offense]
under Section 25.094, Education Code.
(c) A proceeding in a
county, justice, or municipal court on a complaint charging conduct that
violates [an offense under] Section 25.094, Education Code, is
governed by Chapter 45, Code of Criminal Procedure.
(d) Notwithstanding any
other law, the costs assessed in a case filed in or transferred to a
constitutional county court for an offense under Section 25.093,
Education Code, or for conduct that violates Section 25.094,
Education Code, must be the same as the costs assessed for a case filed in
a justice court for an offense under Section 25.093, Education Code,
or for conduct that violates Section 25.094, Education Code.
(e) The proceedings before a
constitutional county court related to an offense under Section 25.093,
Education Code, or conduct that violates Section 25.094,
Education Code, may be recorded in any manner provided by Section 30.00010,
Government Code, for recording proceedings in a municipal court of record.
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SECTION 15. 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].
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No
equivalent provision.
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SECTION 16. 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.
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No
equivalent provision.
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SECTION 17. Section
26.045(c), Government Code, is amended to read as follows:
(c) Except as provided by Subsection
[Subsections (d) and] (f), a county court that is in a county with a
criminal district court does not have any criminal jurisdiction.
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No
equivalent provision.
|
SECTION 18. 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 25.094, Education
Code].
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No
equivalent provision.
|
No
equivalent provision.
|
SECTION 14. 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) 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) 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 requirements in 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, Education Code, or an action
brought under Section 25.094, Education Code, a magistrate may not rule
on the issue but may make findings, conclusions, and recommendations on the
issue.
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SECTION 19. Section 71.0352,
Government Code, is amended to read as follows:
Sec. 71.0352. JUVENILE DATE:
JUSTICE, MUNICIPAL, AND JUVENILE COURTS. As a component of the official
monthly report submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal
courts shall report the number of cases filed for a [the following offenses:
[(A)
failure to attend school under Section 25.094, Education Code;
[(B)
parent contributing to nonattendance under Section 25.093, Education Code;
and
[(C)] 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 or municipal court under
circumstances that would constitute contempt of court, the justice or
municipal 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, and Section 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.
|
SECTION 15. Section 71.0352,
Government Code, is amended to read as follows:
Sec. 71.0352. JUVENILE DATE:
JUSTICE, MUNICIPAL, AND JUVENILE COURTS. As a component of the official
monthly report submitted to the Office of Court Administration of the Texas
Judicial System:
(1) justice and municipal
courts shall report the number of cases filed for the following [offenses]:
(A)
failure to attend school under Section 25.094, Education Code;
(B)
parent contributing to nonattendance under Section 25.093, Education Code;
and
(C) 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 or municipal court under
circumstances that would constitute contempt of court, the justice or
municipal 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, and Section 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.
|
SECTION 20. Section 103.021,
Government Code, is amended.
|
SECTION 16. Same as
introduced version.
|
SECTION 21. The following
laws are repealed:
(1) Articles 45.054, 45.055, 45.056(e), and 102.014(d), Code of Criminal Procedure;
(2) Sections 25.085(f), 25.093, 25.094, 25.095(c), 25.0951(b) and (c), and 25.0952,
Education Code;
(3)
Sections 51.03(g), 51.04(h), 51.08(e), 54.021, and 54.041(f), Family Code;
(4)
Section 26.045(d), Government Code;
(5)
Subchapter W, Chapter 54, Government Code; and
(6)
Subchapter JJ, Chapter 54, Government Code.
|
SECTION 17. The following
provisions are repealed:
(1) Article 45.055, Code of
Criminal Procedure; and
(2) Section 25.094(e), Education Code.
|
SECTION 22. 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 the effective date.
|
SECTION 18. The changes in
law made by this Act apply to a person
taken into custody or issued a citation on or after the effective date of
this Act, regardless of whether the conduct for which the person was taken
into custody or issued a citation occurred before, on, or after that date.
|
SECTION 23. 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.
|
No
equivalent provision.
|
SECTION 24. This Act takes
effect September 1, 2015.
|
SECTION 19. Same as
introduced version.
|
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