88R25516 MCF-F

By: Dutton H.B. No. 3931

Substitute the following for H.B. No. 3931:

By: Thompson of Harris C.S.H.B. No. 3931

A BILL TO BE ENTITLED

AN ACT

relating to truancy and parental contribution to nonattendance of school; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 45.0531, Code of Criminal Procedure, is amended to read as follows:

Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and notwithstanding [Notwithstanding] any other law, a county, justice, or municipal court, at the court's discretion, may dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093, Education Code, if the court finds that a dismissal would be in the interest of justice because:

(1) there is a low likelihood of recidivism by the defendant; or

(2) sufficient justification exists for the failure to attend school.

(b) Notwithstanding any other law, a county, justice, or municipal court shall dismiss a charge against a defendant alleging the defendant committed an offense under Section 25.093, Education Code, if the parent completes the terms of an agreement entered into by the parent and the school district at which the parent's child attends under Section 25.094, Education Code, within the period required by Subsection (b) of that section. If agreed to by the school district that is a party to the agreement, the court may extend the period under Section 25.094(b), Education Code, during which a parent may fulfill the terms of the agreement.

SECTION 2. Section 25.093(c), Education Code, is amended to read as follows:

(c) An offense under Subsection (a) is a Class C misdemeanor[, punishable by fine only, in an amount 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 3. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.094 to read as follows:

Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint under Section 25.093 has been filed and the school district at which the parent's child is enrolled may enter into a written agreement requiring the parent to complete counseling, training, or another program as designated by the school district.

(b) A parent who fulfills the terms of an agreement described by Subsection (a) not later than the 30th day after the date on which the complaint was filed or within the period provided by the agreement is entitled to dismissal of the complaint in accordance with Article 45.0531(b), Code of Criminal Procedure.

(c) The agency may adopt rules and materials necessary to implement this section, including by:

(1) making standardized agreement forms available to school districts;

(2) recommending state and local counseling, training, or other program options that a school district may require in an agreement under this section, which may include:

(A) faith-based counseling or training programs; or

(B) other programs that provide instruction designed to assist a parent in identifying problems that contribute to unexcused absences by the parent's child and in developing strategies for resolving those problems; and

(3) requiring relevant programs, resources, and materials to be made available through regional educational service centers.

SECTION 4. Section 25.095(a), Education Code, is 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 without excuse for [on] 10 percent of the school's required operation and instructional time [or more days or parts of days] within a [six-month period in the same] school year:

(1) the student's parent is subject to prosecution under Section 25.093; and

(2) the student is subject to referral to a truancy court for truant conduct under Section 65.003(a), Family Code.

SECTION 5. Section 25.0951(a), Education Code, is amended to read as follows:

(a) If a student fails to attend school without excuse for [on] 10 percent of the school's required operation and instructional time [or more days or parts of days] within a [six-month period in the same] school year, a school district shall immediately [within 10 school days of the student's 10th absence] refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.

SECTION 6. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.096 to read as follows:

Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school district shall annually submit a report to the agency that includes, for the preceding school year, the following information disaggregated by campus and grade:

(1) the number of students:

(A) who failed to attend school without excuse for 10 percent of the school's required operation and instructional time within a school year;

(B) for whom the district initiated a truancy prevention measure; and

(C) for whom the district made a referral to truancy court; and

(2) the number of parents of students against whom a complaint has been filed under Section 25.093.

SECTION 7. Section 65.003(a), Family Code, is amended to read as follows:

(a) A child engages in truant conduct if the child is required to attend school under Section 25.085, Education Code, and fails to attend school without excuse for [on] 10 percent of the school's required operation and instructional time [or more days or parts of days] within a [six-month period in the same] school year.

SECTION 8. Section 65.004(a), Family Code, is amended to read as follows:

(a) The commissioners court of a county shall designate one or more justice courts in the county [The following are designated] as the truancy courts for the county [courts:

[(1) in a county with a population of 1.75 million or more, the constitutional county court;

[(2) justice courts; and

[(3) municipal courts].

SECTION 9. Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.0737 to read as follows:

Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a person who is convicted of an offense under Section 25.093, Education Code.

(b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section if the person completes a program approved by the court.

(c) After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition described by Subsection (b) and that issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the person was convicted.

SECTION 10. Section 65.004(c), Family Code, is repealed.

SECTION 11. Sections 25.095 and 25.0951, Education Code, as amended by this Act, and Section 65.003, Family Code, as amended by this Act, apply beginning with the 2023-2024 school year.

SECTION 12. The changes in law made by this Act to Article 45.0531, Code of Criminal Procedure, and Sections 25.093 and 25.094, Education Code, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 13. As soon as practicable after the effective date of this Act, each commissioners court shall designate justice courts as truancy courts as required by Section 65.004, Family Code, as amended by this Act.

SECTION 14. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2023.