84R5490 MK-D
 
  By: Clardy H.B. No. 2821
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to court jurisdiction 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 51.03(b)(2), Family Code [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 102.014(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  A person convicted of an offense under Section 25.093
  [or 25.094], Education Code, shall pay as taxable court costs $20 in
  addition to other taxable court costs. The additional court costs
  under this subsection shall be collected in the same manner that
  other fines and taxable court costs in the case are collected.
  SECTION 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.  Section 25.085(f), Education Code, is amended to
  read as follows:
         (f)  The board of trustees of a school district may adopt a
  policy requiring a person described by Subsection (e) who is under
  21 years of age to attend school until the end of the school year.
  [Section 25.094 applies to a person subject to a policy adopted
  under this subsection.] Sections 25.093 and 25.095 do not apply to
  the parent of a person subject to a policy adopted under this
  subsection.
         SECTION 6.  Sections 25.091(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A peace officer serving as an attendance officer has the
  following powers and duties concerning enforcement of compulsory
  school attendance requirements:
               (1)  to investigate each case of a violation of
  compulsory school attendance requirements referred to the peace
  officer;
               (2)  to enforce compulsory school attendance
  requirements by:
                     (A)  applying truancy prevention measures adopted
  under Section 25.0915 to the student; and
                     (B)  if the truancy prevention measures fail to
  meaningfully address the student's conduct:
                           (i)  referring the student to a 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 adopted
  under Section 25.0915 to the student; and
                     (B)  if the truancy prevention measures fail to
  meaningfully address the student's conduct:
                           (i)  referring the student to a 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 7.  Sections 25.0915(a) and (b), Education Code, are
  amended to read as follows:
         (a)  A school district shall adopt truancy prevention
  measures 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 adopted under Subsection (a) to the student; and
                     (B)  the truancy prevention measures failed to
  meaningfully address the student's school attendance; and
               (2)  specify whether the student is eligible for or
  receives special education services under Subchapter A, Chapter 29.
         SECTION 8.  Section 25.093(a), Education Code, is amended to
  read as follows:
         (a)  If a warning is issued as required by Section 25.095(a),
  the parent with criminal negligence fails to require the child to
  attend school as required by law, and the child has absences for the
  amount of time specified under Section 51.03(b)(2), Family Code
  [25.094], the parent commits an offense.
         SECTION 9.  Sections 25.095(a) and (c), Education Code, are
  amended to read as follows:
         (a)  A school district or open-enrollment charter school
  shall notify a student's parent in writing at the beginning of the
  school year that if the student is absent from school on 10 or more
  days or parts of days within a six-month period in the same school
  year or on three or more days or parts of days within a four-week
  period:
               (1)  the student's parent is subject to prosecution
  under Section 25.093; and
               (2)  the student is subject to [prosecution under
  Section 25.094 or to] referral to a juvenile court [in a county with
  a population of less than 100,000] for conduct indicating a need for
  supervision under Section 51.03(b)(2), Family Code [that violates
  that section].
         (c)  The fact that a parent did not receive a notice under
  Subsection (a) or (b) does not create a defense [to prosecution]
  under Section 25.093 or Section 51.03(b)(2), Family Code [25.094].
         SECTION 10.  Sections 25.0951(a), (b), and (c), 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 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.
         (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 or 25.094, as appropriate, or
  refer the student to a juvenile court in a county with a population
  of less than 100,000 for conduct that violates Section 25.094; or
               [(2)]  refer the student to a juvenile court for
  conduct indicating a need for supervision under Section
  51.03(b)(2), Family Code.
         (c)  If a student fails to attend school without excuse as
  specified by Subsection (a) or (b), a school district may file a
  complaint against the student's parent in a county, justice, or
  municipal court for an offense under Section 25.093. In this
  subsection [section], "parent" includes a person standing in
  parental relation.
         SECTION 11.  Section 25.0952, Education Code, is amended to
  read as follows:
         Sec. 25.0952.  PROCEDURES APPLICABLE TO SCHOOL
  ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
  under Section 25.093 [or 25.094], the court shall, except as
  otherwise provided by this chapter, use the procedures and exercise
  the powers authorized by Chapter 45, Code of Criminal Procedure.
         SECTION 12.  Section 29.087(d), Education Code, is amended
  to read as follows:
         (d)  A student is eligible to participate in a program
  authorized by this section if:
               (1)  the student has been ordered by a court under
  Section 54.0492, Family Code [Article 45.054, Code of Criminal
  Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
  Regular Session, 2001], or by the Texas Juvenile Justice Department
  [Youth Commission] to:
                     (A)  participate in a preparatory class for the
  high school equivalency examination; or
                     (B)  take the high school equivalency examination
  administered under Section 7.111; or
               (2)  the following conditions are satisfied:
                     (A)  the student is at least 16 years of age at the
  beginning of the school year or semester;
                     (B)  the student is a student at risk of dropping
  out of school, as defined by Section 29.081;
                     (C)  the student and the student's parent or
  guardian agree in writing to the student's participation;
                     (D)  at least two school years have elapsed since
  the student first enrolled in ninth grade and the student has
  accumulated less than one third of the credits required to graduate
  under the minimum graduation requirements of the district or
  school; and
                     (E)  any other conditions specified by the
  commissioner.
         SECTION 13.  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 14.  Sections 51.03(b) and (f), Family Code, are
  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)  truancy, which is 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.
         (f)  Conduct [Except as provided by Subsection (g), conduct]
  described under Subsection (b)(1) does not constitute conduct
  indicating a need for supervision unless the child has been
  referred to the juvenile court under Section 51.08(b).
         SECTION 15.  Section 51.04, Family Code, is amended by
  amending Subsections (b) and (h) and adding Subsection (j) to read
  as follows:
         (b)  In each county, the county's juvenile board shall
  designate one or more district, criminal district, domestic
  relations, juvenile, or county courts or county courts at law as the
  juvenile court, subject to Subsections (c), (d), [and] (i), and
  (j).
         (h)  In a county with a population of less than 100,000, the
  juvenile court has concurrent jurisdiction with the justice and
  municipal courts over conduct engaged in by a child that violates
  Section 51.03(b)(2) [25.094, Education Code].
         (j)  The following courts are designated as juvenile courts
  for the purpose of making determinations under Section 51.03(b)(2):
               (1)  a constitutional county court in a county with a
  population of 1.75 million or more; or
               (2)  an appropriate justice or municipal court. 
         SECTION 16.  Section 54.041(f), Family Code, is amended to
  read as follows:
         (f)  If a child is found to have engaged in conduct
  indicating a need for supervision described under Section
  51.03(b)(2) [or (g)], the court may order the child's parents or
  guardians to attend a program described by Section 25.093(f),
  Education Code, if a program is available.
         SECTION 17.  Chapter 54, Family Code, is amended by adding
  Section 54.0492 to read as follows:
         Sec. 54.0492.  REMEDIES IN TRUANCY CASES. (a) On a finding
  that an individual has engaged in conduct indicating a need for
  supervision under Section 51.03(b)(2), the court may 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
  unlikely to do well in a formal classroom environment due to the
  individual's age; 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; or
                     (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 number of hours ordered by the court, the
  individual participate in a tutorial program:
                     (A)  covering the academic subjects in which the
  student is enrolled; and
                     (B)  provided by the school the individual
  attends.
         (b)  An order under Subsection (a) may not require a student
  to attend a juvenile justice alternative education program.
         (c)  An order under Subsection (a)(3) that requires the
  parent of an individual to attend a class for students at risk of
  dropping out of school is enforceable by contempt.
         (d)  The court shall endorse on the summons issued to the
  parent of the individual who is the subject of the hearing an order
  directing the parent to appear personally at the hearing and
  directing the person having custody of the individual to bring the
  individual to the hearing.
         (e)  A parent who fails to attend a hearing under this
  section after receiving notice of a summons under Subsection (d)
  commits an offense. An offense under this subsection is a Class C
  misdemeanor.
         (f)  In addition to any other order authorized by this
  section, the court may order the Department of Public Safety to
  suspend the driver's license or permit of the individual who is the
  subject of the hearing or, if the individual does not have a license
  or permit, to deny the issuance of a license or permit to the
  individual for a period specified by the court not to exceed 365
  days.
         (g)  A dispositional order under this section is effective
  for the period specified by the court in the order but may not
  extend beyond the 180th day after the date of the order or beyond
  the end of the school year in which the order was entered, whichever
  period is longer.
         (h)  In this section, "parent" includes a person standing in
  parental relation.
         (i)  A court shall dismiss the petition or complaint against
  an individual if:
               (1)  the court finds that the individual has
  successfully complied with the conditions imposed on the individual
  by the court under this section; or
               (2)  the individual presents to the court proof that
  the individual has obtained a high school diploma or a high school
  equivalency certificate.
         (j)  A county, justice, or municipal court may waive or
  reduce a fee or court cost imposed under this section if the court
  finds that payment of the fee or court cost would cause financial
  hardship.
         SECTION 18.  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 51.04(j)
  [54.021].
         SECTION 19.  Section 26.045(d), Government Code, is amended
  to read as follows:
         (d)  A county court in a county with a population of 1.75
  million or more has original jurisdiction over cases alleging a
  violation of Section 25.093 [or 25.094], Education Code.
         SECTION 20.  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 51.03(b)(2), Family Code [25.094, Education
  Code].
         SECTION 21.  Section 54.1172(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint one or more part-time or
  full-time magistrates to hear a matter alleging a violation of
  Section 25.093 [or 25.094], Education Code, or 51.03(b)(2), Family
  Code.
         SECTION 22.  Section 54.1952(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint one or more part-time or
  full-time magistrates to hear a matter alleging a violation of
  Section 25.093 [or 25.094], Education Code, or a truancy case under
  Section 51.03(b)(2), Family Code, referred to the magistrate by a
  court having jurisdiction over the matter.
         SECTION 23.  Section 54.1955, Government Code, is amended to
  read as follows:
         Sec. 54.1955.  POWERS. (a) Except as limited by an order of
  the county judge, a magistrate appointed under this subchapter may:
               (1)  conduct hearings;
               (2)  hear evidence;
               (3)  issue summons for the appearance of witnesses;
               (4)  examine witnesses;
               (5)  swear witnesses for hearings;
               (6)  recommend rulings or orders or a judgment in a
  case;
               (7)  regulate proceedings in a hearing;
               (8)  accept a plea of guilty or nolo contendere in a
  case alleging a violation of Section 25.093 [or 25.094], Education
  Code, and assess a fine or court costs or order community service in
  satisfaction of a fine or costs in accordance with Article 45.049,
  Code of Criminal Procedure;
               (9)  for a violation of Section 25.093, Education Code, 
  enter an order suspending a sentence or deferring a final
  disposition that includes at least one of the requirements listed
  in Article 45.051, Code of Criminal Procedure;
               (10)  for an uncontested adjudication of conduct
  indicating a need for supervision under Section 51.03(b)(2), Family
  Code, accept a plea to the petition or a stipulation of evidence,
  and enter a disposition, defer adjudication, or take any other
  action authorized under Chapter 54, Family Code; and
               (11)  perform any act and take any measure necessary
  and proper for the efficient performance of the duties required by
  the referral order, including the entry of an order that includes at
  least one of the requirements in Section 54.0492, Family Code 
  [Article 45.054, Code of Criminal Procedure; and
               [(11)     if the magistrate finds that a child as defined
  by Article 45.058, Code of Criminal Procedure, has violated an
  order under Article 45.054, Code of Criminal Procedure, proceed as
  authorized by Article 45.050, Code of Criminal Procedure].
         (b)  With respect to an issue of law or fact the ruling on
  which could result in the dismissal of a prosecution under Section
  25.093 [or 25.094], Education Code, or a truancy case under Section
  51.03(b)(2), Family Code, a magistrate may not rule on the issue but
  may make findings, conclusions, and recommendations on the issue.
         SECTION 24.  Section 54.1956, Government Code, is amended to
  read as follows:
         Sec. 54.1956.  NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
  CONDUCT.  (a)  On entry of a not guilty plea for a violation of
  Section 25.093, Education Code, the magistrate shall refer the case
  back to the referring court for all further pretrial proceedings
  and a full trial on the merits before the court or a jury.
         (b)  On denial by a child of conduct described by Section
  51.03(b)(2), Family Code, the magistrate shall refer the case to
  the appropriate juvenile court for adjudication.
         SECTION 25.  Section 71.0352, Government Code, is amended to
  read as follows:
         Sec. 71.0352.  JUVENILE DATA [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)  conduct indicating a need for supervision
  under Section 51.03(b)(2), Family Code [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 26.  Section 102.021, Government Code, is amended to
  read as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
  PROCEDURE.  A person convicted of an offense shall pay the
  following under the Code of Criminal Procedure, in addition to all
  other costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4;
               (2)  a fee for services of prosecutor (Art. 102.008,
  Code of Criminal Procedure) . . . $25;
               (3)  fees for services of peace officer:
                     (A)  issuing a written notice to appear in court
  for certain violations (Art. 102.011, Code of Criminal Procedure)
  . . . $5;
                     (B)  executing or processing an issued arrest
  warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
  Procedure) . . . $50;
                     (C)  summoning a witness (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (D)  serving a writ not otherwise listed (Art.
  102.011, Code of Criminal Procedure) . . . $35;
                     (E)  taking and approving a bond and, if
  necessary, returning the bond to courthouse (Art. 102.011, Code of
  Criminal Procedure) . . . $10;
                     (F)  commitment or release (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (G)  summoning a jury (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (H)  attendance of a prisoner in habeas corpus
  case if prisoner has been remanded to custody or held to bail (Art.
  102.011, Code of Criminal Procedure) . . . $8 each day;
                     (I)  mileage for certain services performed (Art.
  102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
                     (J)  services of a sheriff or constable who serves
  process and attends examining trial in certain cases (Art. 102.011,
  Code of Criminal Procedure) . . . not to exceed $5;
               (4)  services of a peace officer in conveying a witness
  outside the county (Art. 102.011, Code of Criminal Procedure) . . .
  $10 per day or part of a day, plus actual necessary travel expenses;
               (5)  overtime of peace officer for time spent
  testifying in the trial or traveling to or from testifying in the
  trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
               (6)  court costs on an offense relating to rules of the
  road, when offense occurs within a school crossing zone (Art.
  102.014, Code of Criminal Procedure) . . . $25;
               (7)  court costs on an offense of passing a school bus
  (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8)  court costs on an offense of parent contributing
  to student nonattendance [truancy or contributing to truancy] (Art.
  102.014, Code of Criminal Procedure) . . . $20;
               (9)  cost for visual recording of intoxication arrest
  before conviction (Art. 102.018, Code of Criminal Procedure) . . .
  $15;
               (10)  cost of certain evaluations (Art. 102.018, Code
  of Criminal Procedure) . . . actual cost;
               (11)  additional costs attendant to certain
  intoxication convictions under Chapter 49, Penal Code, for
  emergency medical services, trauma facilities, and trauma care
  systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
               (12)  additional costs attendant to certain child
  sexual assault and related convictions, for child abuse prevention
  programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
               (13)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
               (14)  court cost for DNA testing for the offense of
  public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
  Criminal Procedure) . . . $50;
               (15)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
               (16)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12;
               (17)  if directed by the justice of the peace or
  municipal court judge hearing the case, court costs on conviction
  in a criminal action (Art. 45.041, Code of Criminal Procedure)
  . . . part or all of the costs as directed by the judge; and
               (18)  costs attendant to convictions under Chapter 49,
  Penal Code, and under Chapter 481, Health and Safety Code, to help
  fund drug court programs established under Chapter 122, 123, 124,
  or 125, Government Code, or former law (Art. 102.0178, Code of
  Criminal Procedure) . . . $60.
         SECTION 27.  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 28.  The following laws are repealed:
               (1)  Articles 45.054 and 45.055, Code of Criminal
  Procedure;
               (2)  Section 25.094, Education Code; and
               (3)  Sections 51.03(g), 51.08(e), and 54.021, Family
  Code.
         SECTION 29.  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 30.  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 31.  This Act takes effect September 1, 2015.