84R1953 LEH-D
 
  By: Whitmire S.B. No. 106
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the prevention of truancy and the offense of failure to
  attend school; providing a penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 45.054(i), Code of Criminal Procedure,
  is amended to read as follows:
         (i)  A county, justice, or municipal court shall dismiss the
  complaint against an individual alleging that the individual
  committed an offense under Section 25.094, Education Code, if:
               (1)  the court finds that the individual has
  successfully complied with the conditions imposed on the individual
  by the court under this article; or
               (2)  the individual presents to the court proof that
  the individual has obtained a high school diploma or a high school
  equivalency certificate after taking a high school equivalency
  examination administered under Section 7.111, Education Code.
         SECTION 2.  Article 45.055(e), Code of Criminal Procedure,
  is amended to read as follows:
         (e)  A court shall expunge an individual's conviction under
  Section 25.094, Education Code, and records relating to a
  conviction, regardless of whether the individual has previously
  been convicted of an offense under that section, if:
               (1)  the court finds that the individual has
  successfully complied with the conditions imposed on the individual
  by the court under Article 45.054; or
               (2)  before the individual's 21st birthday, the
  individual presents to the court proof that the individual has
  obtained a high school diploma or a high school equivalency
  certificate after taking a high school equivalency examination
  administered under Section 7.111, Education Code.
         SECTION 3.  Section 25.085, Education Code, is amended by
  amending Subsection (e) and adding Subsections (g) and (h) to read
  as follows:
         (e)  A person who voluntarily enrolls in school or
  voluntarily attends school after the person's 18th birthday shall
  attend school each school day for the entire period the program of
  instruction is offered. A school district may revoke for the
  remainder of the school year the enrollment of a person who has more
  than five absences in a semester that are not excused under Section
  25.087, except that a school district may not revoke the enrollment
  of a person under this subsection on a day on which the person is
  physically present at school. A person whose enrollment is revoked
  under this subsection may be considered an unauthorized person on
  school district grounds for purposes of Section 37.107.
         (g)  After the third unexcused absence of a person described
  by Subsection (e), a school district shall issue a warning letter to
  the person that states the person's enrollment may be revoked for
  the remainder of the school year if the person has more than five
  unexcused absences in a semester.
         (h)  As an alternative to revoking a person's enrollment
  under Subsection (e), a school district may impose a behavior
  improvement plan described by Section 25.0915(a-1)(1).
         SECTION 4.  Section 25.0915, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (d),
  and (e) 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 before the student violates Section 25.094;
               (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.
         (a-1)  As a truancy prevention measure under Subsection (a),
  a school district may take one or more of the following actions:
               (1)  impose:
                     (A)  a behavior improvement plan on the student
  that must be signed by an employee of the school, that the school
  district has made a good faith effort to have signed by the student
  and the student's parent or guardian, and that includes:
                           (i)  a specific description of the behavior
  that is required or prohibited for the student;
                           (ii)  the period for which the plan will be
  effective, not to exceed 45 school days after the date the contract
  becomes effective; or
                           (iii)  the penalties for additional
  absences, including additional disciplinary action or the referral
  of the student to a juvenile court; or
                     (B)  school-based community service; or
               (2)  refer the student to counseling, community-based
  services, or other in-school or out-of-school services aimed at
  addressing the student's truancy.
         (a-2)  A referral made under Subsection (a-1)(2) may include
  participation by the child's parent or guardian if necessary.
         (d)  Except as provided by Subsection (e), a school district
  shall employ a truancy prevention facilitator to implement the
  truancy prevention measures required by this section and any other
  effective truancy prevention measures as determined by the school
  district or campus.  At least annually, the truancy prevention
  facilitator shall meet to discuss effective truancy prevention
  measures with a case manager or other individual designated by a
  juvenile or criminal court to provide services to students of the
  school district in truancy cases.
         (e)  Instead of employing a truancy prevention facilitator,
  a school district may designate an existing district employee to
  implement the truancy prevention measures required by this section
  and any other effective truancy prevention measures as determined
  by the school district or campus.
         SECTION 5.  Section 25.094(e), Education Code, is amended to
  read as follows:
         (e)  An offense under this section is a [Class C] misdemeanor
  punishable by a fine not to exceed:
               (1)  $100 for a first offense;
               (2)  $200 for a second offense;
               (3)  $300 for a third offense;
               (4)  $400 for a fourth offense; or
               (5)  $500 for a fifth or subsequent offense.
         SECTION 6.  Sections 25.0951(a) and (b), Education Code, are
  amended to read as follows:
         (a)  If a student fails to attend school without excuse on 10
  or more days or parts of days within a six-month period in the same
  school year, a school district shall within 10 school days of the
  student's 10th absence:
               (1)  file a complaint against the student or the
  student's parent or, if the district provides evidence that both
  the student and the student's parent contributed to the student's
  failure to attend school, both the student and the parent 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, if the district provides evidence that both
  the student and the student's parent contributed to the student's
  failure to attend school, both the student and the parent 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.
         SECTION 7.  The changes in law made by this Act apply only to
  conduct violating Section 25.094, Education Code, on or after the
  effective date of this Act. A violation that occurs before the
  effective date of this Act is covered by the law in effect on the
  date the violation occurred, and the former law is continued in
  effect for that purpose.  For purposes of this section, a violation
  occurs before the effective date of this Act if any element of the
  violation occurs before that date.
         SECTION 8.  This Act takes effect September 1, 2015.