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A BILL TO BE ENTITLED
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AN ACT
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relating to the repeal of the offenses of failure to attend school |
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and parent contributing to nonattendance. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 4.14(g), Code of Criminal Procedure, is |
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amended to read as follows: |
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(g) A municipality may enter into an agreement with a |
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contiguous municipality or a municipality with boundaries that are |
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within one-half mile of the municipality seeking to enter into the |
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agreement to establish concurrent jurisdiction of the municipal |
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courts in the municipalities and provide original jurisdiction to a |
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municipal court in which a case is brought as if the municipal court |
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were located in the municipality in which the case arose, for: |
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(1) all cases in which either municipality has |
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jurisdiction under Subsection (a); and |
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(2) cases that arise under Section 821.022, Health and |
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Safety Code[, or Section 25.094, Education Code]. |
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SECTION 2. Article 45.0216(g), Code of Criminal Procedure, |
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is amended to read as follows: |
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(g) This article does not apply to any offense otherwise |
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covered by: |
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(1) Chapter 106, Alcoholic Beverage Code; or |
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(2) Chapter 161, Health and Safety Code[; or
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[(3) Section 25.094, Education Code]. |
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SECTION 3. Article 45.056(k), Code of Criminal Procedure, |
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is amended to read as follows: |
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(k) Subsections (i) and (j) do not apply to[:
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[(1)] a part-time judge[; or
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[(2)
a county judge of a county court that has one or
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more appointed full-time magistrates under Section 54.1172,
|
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Government Code]. |
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SECTION 4. Section 25.085(f), Education Code, is amended to |
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read as follows: |
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(f) The board of trustees of a school district may adopt a |
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policy requiring a person described by Subsection (e) who is under |
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21 years of age to attend school until the end of the school |
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year. Section [25.094 applies to a person subject to a policy
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adopted under this subsection.
Sections 25.093 and] 25.095 does |
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[do] not apply to the parent of a person subject to a policy adopted |
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under this subsection. |
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SECTION 5. Sections 25.091(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A peace officer serving as an attendance officer has the |
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following powers and duties concerning enforcement of compulsory |
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school attendance requirements: |
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(1) to investigate each case of a violation of |
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compulsory school attendance requirements referred to the peace |
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officer; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) applying truancy prevention measures adopted |
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under Section 25.0915 to the student; and |
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(B) if the truancy prevention measures fail to |
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meaningfully address the student's conduct, [:
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[(i)] referring the student to a juvenile |
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court [or filing a complaint against the student in a county,
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justice, or municipal court] if the student has unexcused absences |
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for the amount of time specified [under Section 25.094 or] under |
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Section 51.03(b)(2), Family Code; [or
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[(ii)
filing a complaint in a county,
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justice, or municipal court against a parent who violates Section
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25.093;] |
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(3) to serve court-ordered legal process; |
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(4) to review school attendance records for compliance |
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by each student investigated by the officer; |
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(5) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(6) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that a peace officer may not enter |
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a residence without the permission of the parent of a student |
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required under this subchapter to attend school or of the tenant or |
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owner of the residence [except to lawfully serve court-ordered
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legal process on the parent]; and |
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(7) to take a student into custody with the permission |
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of the student's parent or in obedience to a court-ordered legal |
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process. |
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(b) An attendance officer employed by a school district who |
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is not commissioned as a peace officer has the following powers and |
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duties with respect to enforcement of compulsory school attendance |
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requirements: |
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(1) to investigate each case of a violation of the |
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compulsory school attendance requirements referred to the |
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attendance officer; |
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(2) to enforce compulsory school attendance |
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requirements by: |
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(A) applying truancy prevention measures adopted |
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under Section 25.0915 to the student; and |
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(B) if the truancy prevention measures fail to |
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meaningfully address the student's conduct, [:
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[(i)] referring the student to a juvenile |
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court [or filing a complaint against the student in a county,
|
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justice, or municipal court] if the student has unexcused absences |
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for the amount of time specified [under Section 25.094 or] under |
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Section 51.03(b)(2), Family Code; [and
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[(ii)
filing a complaint in a county,
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justice, or municipal court against a parent who violates Section
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25.093;] |
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(3) to monitor school attendance compliance by each |
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student investigated by the officer; |
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(4) to maintain an investigative record on each |
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compulsory school attendance requirement violation and related |
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court action and, at the request of a court, the board of trustees |
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of a school district, or the commissioner, to provide a record to |
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the individual or entity requesting the record; |
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(5) to make a home visit or otherwise contact the |
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parent of a student who is in violation of compulsory school |
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attendance requirements, except that the attendance officer may not |
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enter a residence without permission of the parent or of the owner |
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or tenant of the residence; |
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(6) at the request of a parent, to escort a student |
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from any location to a school campus to ensure the student's |
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compliance with compulsory school attendance requirements; and |
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(7) if the attendance officer has or is informed of a |
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court-ordered legal process directing that a student be taken into |
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custody and the school district employing the officer does not |
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employ its own police department, to contact the sheriff, |
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constable, or any peace officer to request that the student be taken |
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into custody and processed according to the legal process. |
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SECTION 6. Section 25.0915, Education Code, is amended to |
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read as follows: |
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Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL [AND
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FILING] REQUIREMENT. (a) A school district shall adopt truancy |
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prevention measures designed to: |
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(1) address student conduct related to truancy in the |
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school setting; and |
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(2) minimize the need for referrals to juvenile court |
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for conduct described by Section 51.03(b)(2), Family Code[; and
|
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[(3)
minimize the filing of complaints in county,
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justice, and municipal courts alleging a violation of Section
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25.094]. |
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(b) Each referral to juvenile court for conduct described by |
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Section 51.03(b)(2), Family Code, [or complaint filed in county,
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justice, or municipal court alleging a violation by a student of
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Section 25.094] must: |
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(1) be accompanied by a statement from the student's |
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school certifying that: |
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(A) the school applied the truancy prevention |
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measures adopted under Subsection (a) to the student; and |
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(B) the truancy prevention measures failed to |
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meaningfully address the student's school attendance; and |
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(2) specify whether the student is eligible for or |
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receives special education services under Subchapter A, Chapter 29. |
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(c) A court shall dismiss a [complaint or] referral made by |
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a school district under this section that is not made in compliance |
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with Subsection (b). |
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SECTION 7. Sections 25.095(a) and (b), Education Code, are |
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amended to read as follows: |
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(a) A school district or open-enrollment charter school |
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shall notify a student's parent in writing at the beginning of the |
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school year that if the student is absent from school on 10 or more |
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days or parts of days within a six-month period in the same school |
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year or on three or more days or parts of days within a four-week |
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period[:
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[(1)
the student's parent is subject to prosecution
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under Section 25.093; and
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[(2)] the student is subject to [prosecution under
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Section 25.094 or to] referral to a juvenile court [in a county with
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a population of less than 100,000 for conduct that violates that
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section]. |
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(b) A school district shall notify a student's parent if the |
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student has been absent from school, without excuse under Section |
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25.087, on three days or parts of days within a four-week period. |
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The notice must: |
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(1) inform the parent that[:
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[(A)] it is the parent's duty to monitor the |
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student's school attendance and require the student to attend |
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school; and |
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[(B)
the parent is subject to prosecution under
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Section 25.093; and] |
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(2) request a conference between school officials and |
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the parent to discuss the absences. |
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SECTION 8. Section 25.0951, Education Code, is amended to |
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read as follows: |
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Sec. 25.0951. SCHOOL DISTRICT [COMPLAINT OR] REFERRAL FOR |
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FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school |
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without excuse on 10 or more days or parts of days within a |
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six-month period in the same school year, a school district shall |
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within 10 school days of the student's 10th absence[:
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[(1)
file a complaint against the student or the
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student's parent or both in a county, justice, or municipal court
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for an offense under Section 25.093 or 25.094, as appropriate, or
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refer the student to a juvenile court in a county with a population
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of less than 100,000 for conduct that violates Section 25.094; or
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[(2)] refer the student to a juvenile court for |
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conduct indicating a need for supervision under Section |
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51.03(b)(2), Family Code. |
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(b) If a student fails to attend school without excuse on |
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three or more days or parts of days within a four-week period but |
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does not fail to attend school for the time described by Subsection |
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(a), the school district may[:
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[(1)
file a complaint against the student or the
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student's parent or both in a county, justice, or municipal court
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for an offense under Section 25.093 or 25.094, as appropriate, or
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refer the student to a juvenile court in a county with a population
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of less than 100,000 for conduct that violates Section 25.094; or
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[(2)] refer the student to a juvenile court for |
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conduct indicating a need for supervision under Section |
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51.03(b)(2), Family Code. |
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(c) [In this section, "parent" includes a person standing in
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parental relation.
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[(d)] A court shall dismiss a [complaint or] referral made |
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by a school district under this section that is not made in |
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compliance with this section. |
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SECTION 9. Section 29.087(d), Education Code, is amended to |
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read as follows: |
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(d) A student is eligible to participate in a program |
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authorized by this section if: |
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(1) the student has been ordered by [a court under
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Article 45.054, Code of Criminal Procedure, as added by Chapter
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1514, Acts of the 77th Legislature, Regular Session, 2001, or by] |
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the Texas Juvenile Justice Department [Youth Commission] to: |
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(A) participate in a preparatory class for the |
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high school equivalency examination; or |
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(B) take the high school equivalency examination |
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administered under Section 7.111; or |
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(2) the following conditions are satisfied: |
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(A) the student is at least 16 years of age at the |
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beginning of the school year or semester; |
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(B) the student is a student at risk of dropping |
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out of school, as defined by Section 29.081; |
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(C) the student and the student's parent or |
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guardian agree in writing to the student's participation; |
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(D) at least two school years have elapsed since |
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the student first enrolled in ninth grade and the student has |
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accumulated less than one third of the credits required to graduate |
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under the minimum graduation requirements of the district or |
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school; and |
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(E) any other conditions specified by the |
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commissioner. |
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SECTION 10. Section 51.02(15), Family Code, is amended to |
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read as follows: |
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(15) "Status offender" means a child who is accused, |
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adjudicated, or convicted for conduct that would not, under state |
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law, be a crime if committed by an adult, including: |
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(A) truancy under Section 51.03(b)(2); |
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(B) running away from home under Section |
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51.03(b)(3); |
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(C) a fineable only offense under Section |
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51.03(b)(1) transferred to the juvenile court under Section |
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51.08(b), but only if the conduct constituting the offense would |
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not have been criminal if engaged in by an adult; |
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(D) [failure to attend school under Section
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25.094, Education Code;
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[(E)] a violation of standards of student conduct |
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as described by Section 51.03(b)(5); |
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(E) [(F)] a violation of a juvenile curfew |
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ordinance or order; |
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(F) [(G)] a violation of a provision of the |
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Alcoholic Beverage Code applicable to minors only; or |
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(G) [(H)] a violation of any other fineable only |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the |
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conduct constituting the offense would not have been criminal if |
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engaged in by an adult. |
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SECTION 11. Section 51.04(a), Family Code, is amended to |
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read as follows: |
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(a) This title covers the proceedings in all cases involving |
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the delinquent conduct or conduct indicating a need for supervision |
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engaged in by a person who was a child within the meaning of this |
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title at the time the person engaged in the conduct, and[, except as
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provided by Subsection (h),] the juvenile court has exclusive |
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original jurisdiction over proceedings under this title. |
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SECTION 12. Section 54.041(f), Family Code, is amended to |
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read as follows: |
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(f) If a child is found to have engaged in conduct |
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indicating a need for supervision described under Section |
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51.03(b)(2) [or (g)], the court may order the child's parents or |
|
guardians to attend a program for parents of students with |
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unexcused absences that provides instruction designed to assist |
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those parents in identifying problems that contribute to the |
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students' unexcused absences and in developing strategies for |
|
resolving those problems [described by Section 25.093(f),
|
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Education Code], if a program is available. |
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SECTION 13. Section 58.106(a), Family Code, is amended to |
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read as follows: |
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(a) Except as otherwise provided by this section, |
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information contained in the juvenile justice information system is |
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confidential information for the use of the department and may not |
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be disseminated by the department except: |
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(1) with the permission of the juvenile offender, to |
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military personnel of this state or the United States; |
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(2) to a person or entity to which the department may |
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grant access to adult criminal history records as provided by |
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Section 411.083, Government Code; |
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(3) to a juvenile justice agency; |
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(4) to the Texas Juvenile Justice Department [Youth
|
|
Commission and the Texas Juvenile Probation Commission] for |
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analytical purposes; |
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(5) to the office of independent ombudsman of the |
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Texas Juvenile Justice Department [Youth Commission]; and |
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(6) to a county, justice, or municipal court |
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exercising jurisdiction over a juvenile[, including a court
|
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exercising jurisdiction over a juvenile under Section 54.021]. |
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SECTION 14. Sections 26.045(c) and (e), Government Code, |
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are 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. |
|
(e) Subsection [Subsections] (c) does [and (d) do] not |
|
affect the jurisdiction of a statutory county court. |
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SECTION 15. 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]. |
|
SECTION 16. 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 |
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submitted to the Office of Court Administration of the Texas |
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Judicial System: |
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(1) justice and municipal courts shall report the |
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number of cases filed for [the following offenses:
|
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[(A)
failure to attend school under Section
|
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25.094, Education Code;
|
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[(B)
parent contributing to nonattendance under
|
|
Section 25.093, Education Code; and
|
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[(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 17. The following provisions are repealed: |
|
(1) Articles 45.054 and 45.055, Code of Criminal |
|
Procedure; |
|
(2) Article 45.056(e), Code of Criminal Procedure; |
|
(3) Article 102.014(d), Code of Criminal Procedure; |
|
(4) Sections 25.0916, 25.093, and 25.094, Education |
|
Code; |
|
(5) Section 25.095(c), Education Code; |
|
(6) Section 25.0952, Education Code; |
|
(7) Section 51.03(g), Family Code; |
|
(8) Section 51.04(h), Family Code; |
|
(9) Section 51.08(e), Family Code; |
|
(10) Section 54.021, Family Code; |
|
(11) Section 26.045(d), Government Code; |
|
(12) Subchapter W, Chapter 54, Government Code; |
|
(13) Subchapter JJ, Chapter 54, Government Code; and |
|
(14) Section 103.021(20-b), Government Code. |
|
SECTION 18. The changes in law made by this Act do not apply |
|
to an offense committed under Section 25.093 or 25.094, Education |
|
Code, before the effective date of this Act or to a criminal action |
|
pending on the effective date of this Act for an offense under |
|
either section. An offense committed before the effective date of |
|
this Act or a criminal action pending on that date is governed by |
|
the law in effect at the time the offense was committed, and the |
|
former law is continued in effect for that purpose. For the |
|
purposes of this section, an offense is committed before the |
|
effective date of this Act if any element of the offense was |
|
committed before that date. |
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SECTION 19. This Act takes effect September 1, 2015. |