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A BILL TO BE ENTITLED
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AN ACT
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relating to dismissal of a complaint alleging a parent contributing |
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to nonattendance on the parent's fulfillment of certain terms. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.0531, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO |
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NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and |
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notwithstanding [Notwithstanding] any other law, a county, |
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justice, or municipal court, at the court's discretion, may dismiss |
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a charge against a defendant alleging the defendant committed an |
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offense under Section 25.093, Education Code, if the court finds |
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that a dismissal would be in the interest of justice because: |
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(1) there is a low likelihood of recidivism by the |
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defendant; or |
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(2) sufficient justification exists for the failure to |
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attend school. |
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(b) Notwithstanding any other law, a county, justice, or |
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municipal court shall dismiss a charge against a defendant alleging |
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the defendant committed an offense under Section 25.093, Education |
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Code, if the parent completes the terms of an agreement entered into |
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by the parent and the school district at which the parent's child |
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attends under Section 25.094, Education Code, within the period |
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required by Subsection (b) of that section. If agreed to by the |
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school district that is a party to the agreement, the court may |
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extend the period under Section 25.094(b), Education Code, during |
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which a parent may fulfill the terms of the agreement. |
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SECTION 2. Subchapter C, Chapter 25, Education Code, is |
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amended by adding Section 25.094 to read as follows: |
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Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING |
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TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint |
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under Section 25.093 has been filed and the school district at which |
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the parent's child is enrolled may enter into a written agreement |
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requiring the parent to complete counseling, training, or another |
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program as designated by the school district. |
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(b) A parent who fulfills the terms of an agreement |
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described by Subsection (a) not later than the 30th day after the |
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date on which the complaint was filed or within the period provided |
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by the agreement is entitled to dismissal of the complaint in |
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accordance with Article 45.0531(b), Code of Criminal Procedure. |
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(c) The agency may adopt rules and materials necessary to |
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implement this section, including by: |
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(1) making standardized agreement forms available to |
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school districts; |
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(2) recommending state and local counseling, |
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training, or other program options that a school district may |
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require in an agreement under this section, which may include: |
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(A) faith-based counseling or training programs; |
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or |
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(B) other programs that provide instruction |
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designed to assist a parent in identifying problems that contribute |
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to unexcused absences by the parent's child and in developing |
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strategies for resolving those problems; and |
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(3) requiring relevant programs, resources, and |
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materials to be made available through regional educational service |
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centers. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |
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* * * * * |