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A BILL TO BE ENTITLED
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AN ACT
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relating to truancy and the offense of a parent contributing to |
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nonattendance; creating an offense; 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. Article 45.0541(a), Code of Criminal Procedure, |
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is amended to read as follows: |
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(a) In this article, "truancy offense" means an offense |
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committed under: |
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(1) the former Section 25.094, Education Code; or |
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(2) Section 65.003, Family Code. |
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SECTION 2. 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 3. 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 on 10 or more |
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days or parts of days within a six-month period in the same school |
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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 and |
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prosecution by a truancy court for truant conduct under Section |
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65.003(a), Family Code. |
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SECTION 4. Section 65.001(b), Family Code, is amended to |
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read as follows: |
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(b) The purpose of this chapter is to encourage school |
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attendance by creating simple [civil judicial] procedures through |
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which children are held accountable for excessive school absences. |
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SECTION 5. The heading to Section 65.003, Family Code, is |
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amended to read as follows: |
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Sec. 65.003. TRUANT CONDUCT; OFFENSE. |
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SECTION 6. Sections 65.003(a), (b), (c), and (d), Family |
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Code, are amended to read as follows: |
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(a) Notwithstanding any other law, a [A] child commits an |
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offense [engages in truant conduct] if the child is required to |
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attend school under Section 25.085, Education Code, and fails to |
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attend school on 10 or more days or parts of days within a six-month |
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period in the same school year. |
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(b) An offense under this section is a Class C misdemeanor |
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[Truant conduct may be prosecuted only as a civil case in a truancy |
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court]. |
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(c) It is an affirmative defense to prosecution under this |
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section [an allegation of truant conduct] that one or more of the |
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absences required to be proven: |
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(1) have been excused by a school official or by the |
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court; |
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(2) were involuntary; or |
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(3) were due to the child's voluntary absence from the |
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child's home because of abuse, as defined by Section 261.001. |
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(d) The affirmative defense provided by Subsection (c) is |
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not available if, after deducting the absences described by that |
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subsection, there remains a sufficient number of absences to |
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constitute an offense under this section [truant conduct]. |
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SECTION 7. Section 65.101(a), Family Code, is amended to |
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read as follows: |
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(a) A child may be found to have committed an offense under |
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Section 65.003 [engaged in truant conduct] only after an |
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adjudication hearing conducted in accordance with the provisions of |
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this chapter. |
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SECTION 8. Section 65.103, Family Code, is amended to read |
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as follows: |
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Sec. 65.103. REMEDIAL ORDER. (a) A truancy court may enter |
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a remedial order requiring a child who has committed an offense |
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under Section 65.003 [been found to have engaged in truant conduct] |
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to: |
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(1) attend school without unexcused absences; |
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(2) attend a preparatory class for the high school |
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equivalency examination administered under Section 7.111, |
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Education Code, if the court determines that the individual is |
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unlikely to do well in a formal classroom environment due to the |
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individual's age; |
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(3) if the child is at least 16 years of age, take the |
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high school equivalency examination administered under Section |
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7.111, Education Code, if that is in the best interest of the child; |
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(4) attend a nonprofit, community-based special |
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program that the court determines to be in the best interest of the |
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child, including: |
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(A) an alcohol and drug abuse program; |
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(B) a rehabilitation program; |
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(C) a counseling program, including a |
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self-improvement program; |
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(D) a program that provides training in |
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self-esteem and leadership; |
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(E) a work and job skills training program; |
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(F) a program that provides training in |
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parenting, including parental responsibility; |
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(G) a program that provides training in manners; |
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(H) a program that provides training in violence |
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avoidance; |
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(I) a program that provides sensitivity |
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training; and |
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(J) a program that provides training in advocacy |
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and mentoring; |
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(5) complete not more than 50 hours of community |
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service on a project acceptable to the court; and |
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(6) participate for a specified number of hours in a |
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tutorial program covering the academic subjects in which the child |
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is enrolled that are provided by the school the child attends. |
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(b) A truancy court may not order a child who has committed |
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an offense under Section 65.003 [been found to have engaged in |
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truant conduct] to[: |
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[(1)] attend a juvenile justice alternative education |
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program, a boot camp, or a for-profit truancy class[; or |
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[(2) perform more than 16 hours of community service |
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per week under this section]. |
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(c) In addition to any other order authorized by this |
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section, a truancy court may order the Department of Public Safety |
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to suspend the driver's license or permit of a child who has |
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committed an offense under Section 65.003 [been found to have |
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engaged in truant conduct]. If the child does not have a driver's |
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license or permit, the court may order the Department of Public |
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Safety to deny the issuance of a license or permit to the child. The |
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period of the license or permit suspension or the order that the |
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issuance of a license or permit be denied may not extend beyond the |
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maximum time period that a remedial order is effective as provided |
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by Section 65.104. |
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SECTION 9. The changes in law made by this Act apply only to |
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an offense committed or conduct that occurs on or after the |
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effective date of this Act. An offense committed or conduct that |
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occurs before the effective date of this Act is governed by the law |
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in effect on the date the offense was committed or the conduct |
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occurred, and the former law is continued in effect for that |
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purpose. For purposes of this section, an offense is committed or |
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conduct occurs before the effective date of this Act if any element |
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of the offense or conduct occurs before that date. |
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SECTION 10. This Act takes effect September 1, 2023. |