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A BILL TO BE ENTITLED
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AN ACT
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relating to truancy; increasing a criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 25.085(e), (g), and (h), Education |
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Code, are amended to read as follows: |
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(e) A person who voluntarily enrolls in school or |
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voluntarily attends school after the person's 19th birthday shall |
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attend school each school day for the entire period the program of |
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instruction is offered. [A school district may revoke for the |
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remainder of the school year the enrollment of a person who has more |
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than five absences in a semester that are not excused under Section |
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25.087, except a school district may not revoke the enrollment of a |
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person under this subsection on a day on which the person is |
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physically present at school. A person whose enrollment is revoked |
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under this subsection may be considered an unauthorized person on |
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school district grounds for purposes of Section 37.107.] |
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(g) After the third unexcused absence of a person described |
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by Subsection (e), a school district shall issue a warning letter to |
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the person that states that the [person's enrollment may be revoked |
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for the remainder of the school year if the person has more than |
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five unexcused absences in a semester. |
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[(h) As an alternative to revoking a person's enrollment |
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under Subsection (e), a] school district may take certain |
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disciplinary actions against the person, including imposing |
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[impose] a behavior improvement plan described by Section |
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25.0915(a-1)(1). |
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SECTION 2. Section 25.0915(b), Education Code, is amended |
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to read as follows: |
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(b) Each referral to truancy court for conduct described by |
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Section 65.003(a), Family Code, must: |
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(1) be accompanied by a statement from the student's |
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school certifying that: |
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(A) the school applied the truancy prevention |
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measures adopted under Subsection (a) or (a-4) to the student for at |
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least one semester; and |
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(B) the truancy prevention measures failed to |
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meaningfully address the student's school attendance; and |
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(2) specify whether the student is eligible for or |
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receives special education services under Subchapter A, Chapter 29. |
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SECTION 3. Section 25.093(c), Education Code, is amended to |
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read as follows: |
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(c) An offense under Subsection (a) is a Class C |
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misdemeanor[, punishable by fine only, in an amount not to exceed: |
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[(1) $100 for a first offense; |
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[(2) $200 for a second offense; |
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[(3) $300 for a third offense; |
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[(4) $400 for a fourth offense; or |
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[(5) $500 for a fifth or subsequent offense]. |
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SECTION 4. Section 25.095(a), Education Code, is amended to |
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read as follows: |
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(a) A school district or open-enrollment charter school |
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shall notify a student's parent in writing at the beginning of the |
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school year that if the student is absent from school for [on] 10 |
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percent of the school's required operation and instructional time |
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[or more days or parts of days] within a [six-month period in the |
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same] school year: |
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(1) the student's parent is subject to prosecution |
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under Section 25.093; and |
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(2) the student is subject to referral to a truancy |
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court for truant conduct under Section 65.003(a), Family Code. |
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SECTION 5. Section 25.0951(a), Education Code, is amended |
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to read as follows: |
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(a) If a student fails to attend school without excuse for |
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[on] 10 percent of the school's required operation and |
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instructional time [or more days or parts of days] within a |
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[six-month period in the same] school year, a school district shall |
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immediately [within 10 school days of the student's 10th absence] |
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refer the student to a truancy court for truant conduct under |
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Section 65.003(a), Family Code. |
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SECTION 6. Section 65.002, Family Code, is amended by |
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adding Subdivision (1-a) to read as follows: |
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(1-a) "Chronically absent student" means a student who |
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is absent from school for 10 percent of the school's required |
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operation and instructional time within a school year. |
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SECTION 7. Section 65.003(a), Family Code, is amended to |
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read as follows: |
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(a) A child engages in truant conduct if the child is |
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required to attend school under Section 25.085, Education Code, and |
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fails to attend school for [on] 10 percent of the school's required |
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operation and instructional time [or more days or parts of days] |
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within a [six-month period in the same] school year. |
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SECTION 8. Section 65.004(a), Family Code, is amended to |
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read as follows: |
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(a) The commissioners court of a county shall designate a |
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justice court of a precinct in the county [The following are |
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designated] as the truancy court for the county [courts: |
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[(1) in a county with a population of 1.75 million or |
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more, the constitutional county court; |
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[(2) justice courts; and |
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[(3) municipal courts]. |
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SECTION 9. Subchapter E-1, Chapter 411, Government Code, is |
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amended by adding Section 411.0737 to read as follows: |
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Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT |
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CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a |
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person who is convicted of an offense under Section 25.093, |
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Education Code. |
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(b) Notwithstanding any other provision of this subchapter |
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or Subchapter F, a person described by Subsection (a) may petition |
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the court that imposed the sentence for an order of nondisclosure of |
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criminal history record information under this section if the |
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person completes a program approved by the court. |
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(c) After notice to the state, an opportunity for a hearing, |
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and a determination that the person is entitled to file the petition |
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described by Subsection (b) and that issuance of an order of |
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nondisclosure of criminal history record information is in the best |
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interest of justice, the court shall issue an order prohibiting |
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criminal justice agencies from disclosing to the public criminal |
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history record information related to the offense for which the |
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person was convicted. |
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SECTION 10. Section 65.004(c), Family Code, is repealed. |
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SECTION 11. Sections 25.085, 25.0915, 25.095, and 25.0951, |
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Education Code, as amended by this Act, and Section 65.003, Family |
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Code, as amended by this Act, apply beginning with the 2023-2024 |
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school year. |
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SECTION 12. The changes in law made by this Act to Section |
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25.093, Education Code, apply only to an offense committed on or |
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after the effective date of this Act. An offense committed before |
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the effective date of this Act is governed by the law in effect on |
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the date the offense was committed, and the former law is continued |
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in effect for that purpose. For purposes of this section, an |
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offense was committed before the effective date of this Act if any |
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element of the offense occurred before that date. |
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SECTION 13. As soon as practicable after the effective date |
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of this Act, each commissioners court shall designate justice |
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courts as truancy courts as required by Section 65.004, Family |
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Code, as amended by this Act. |
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SECTION 14. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |