88R14124 MCF-F

By: Dutton H.B. No. 3931

A BILL TO BE ENTITLED

AN ACT

relating to truancy; increasing a criminal penalty.

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

SECTION 1. Sections 25.085(e), (g), and (h), Education Code, are amended to read as follows:

(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th 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 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 that 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 take certain disciplinary actions against the person, including imposing [impose] a behavior improvement plan described by Section 25.0915(a-1)(1).

SECTION 2. Section 25.0915(b), Education Code, is amended to read as follows:

(b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, 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) or (a-4) to the student for at least one semester; 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 3. 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 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 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. Section 65.002, Family Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Chronically absent student" means a student who is absent from school for 10 percent of the school's required operation and instructional time within a school year.

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 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 a justice court of a precinct in the county [The following are designated] as the truancy court 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 25.085, 25.0915, 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 Section 25.093, 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.