|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to public school interventions and procedures for truancy. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
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. Article 45.0216(g), Code of Criminal Procedure, |
|
is amended to read as follows: |
|
(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. 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]. |
|
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. |
|
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. |
|
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. (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). |
|
SECTION 7. Subchapter C, Chapter 25, Education Code, is |
|
amended by adding Section 25.0917 to read as follows: |
|
Sec. 25.0917. PROGRESSIVE TRUANCY INTERVENTION SYSTEM. (a) |
|
A system of progressive interventions for truancy adopted by a |
|
school district under Section 25.0915 must include at least three |
|
tiers of interventions. |
|
(b) A school district shall apply the first tier of |
|
interventions to a student who has at least three unexcused |
|
absences within a school year, and shall apply successive tiers of |
|
interventions to the student if the student continues to accumulate |
|
unexcused absences following the application of the first tier |
|
consequences. |
|
(c) The first tier of progressive truancy interventions |
|
must include: |
|
(1) a conference with the student, the student's |
|
parent or guardian, and an employee of the school that the student |
|
attends and regularly scheduled follow-up meetings to assess the |
|
student's progress; and |
|
(2) an attendance contract, signed by the attendees of |
|
the conference under Subdivision (1), that includes: |
|
(A) a description of the attendance expectations |
|
that the school has for the student; |
|
(B) the period for which the contract is in |
|
effect, not to exceed 45 days following the date the contract is |
|
signed; and |
|
(C) a description of the consequences that may be |
|
imposed on the student if the student accumulates additional |
|
absences or commits school offenses, which may include additional |
|
disciplinary actions or a referral to juvenile court. |
|
(d) At least one of the tiers of truancy interventions after |
|
the first tier must include an individualized assessment of the |
|
student by a school employee that: |
|
(1) identifies the reasons that the student has |
|
accumulated unexcused absences; |
|
(2) refers the student to counseling, if necessary; |
|
and |
|
(3) refers the student to any services, including |
|
school-sponsored or community-based services, that focus on |
|
addressing the student's absences from school. |
|
(e) The consequences imposed on a student who has |
|
accumulated additional unexcused absences following the |
|
application of the first tier of progressive truancy intervention |
|
consequences may include: |
|
(1) school-based community service; |
|
(2) participation in a school-based restorative |
|
justice program; |
|
(3) referral to a school-based teen court; |
|
(4) weekend courses designed to improve attendance and |
|
behavior; |
|
(5) if the student is eligible for or is receiving |
|
special education services under Subchapter A, Chapter 29, from a |
|
school district, or is covered by Section 504, Rehabilitation Act |
|
of 1973 (29 U.S.C. Section 794), a full reevaluation under Section |
|
29.004 or under Section 504 of the Rehabilitation Act of 1973, as |
|
appropriate, or an assessment of the student's individualized |
|
education program to address the causes of the student's unexcused |
|
absences, as necessary; or |
|
(6) if the student is not receiving special education |
|
services from a school district, an initial evaluation for special |
|
education services under Section 29.004 or under Section 504, |
|
Rehabilitation Act of 1973 (29 U.S.C. Section 794), as appropriate. |
|
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. |
|
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]. |
|
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. |
|
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]. |
|
SECTION 12. 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)(3); |
|
(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;
|
|
[(E)] a violation of standards of student conduct |
|
as described by Section 51.03(b)(5); |
|
(E) [(F)] a violation of a juvenile curfew |
|
ordinance or order; |
|
(F) [(G)] a violation of a provision of the |
|
Alcoholic Beverage Code applicable to minors only; or |
|
(G) [(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 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. |
|
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. |
|
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]. |
|
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. |
|
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. |
|
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]. |
|
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 20. 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 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 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 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. |
|
SECTION 24. This Act takes effect September 1, 2015. |