Bill Text: TX HB3917 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to dismissal of a complaint alleging a parent contributing to nonattendance on the parent's fulfillment of certain terms.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB3917 Detail]
Download: Texas-2023-HB3917-Enrolled.html
| H.B. No. 3917 | ||
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| relating to dismissal of a complaint alleging a parent contributing | ||
| to nonattendance on the parent's fulfillment of certain terms. | ||
| 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 [ |
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| 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. 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 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3917 was passed by the House on May 6, | ||
| 2023, by the following vote: Yeas 131, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3917 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
