Bill Text: TX HB93 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the repeal of the offenses of failure to attend school and parent contributing to nonattendance.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2015-03-11 - Left pending in committee [HB93 Detail]
Download: Texas-2015-HB93-Introduced.html
84R260 ADM-D | ||
By: White of Tyler | H.B. No. 93 |
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relating to the repeal of the offenses of failure to attend school | ||
and parent contributing to nonattendance. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 4.14(g), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(g) A municipality may enter into an agreement with a | ||
contiguous municipality or a municipality with boundaries that are | ||
within one-half mile of the municipality seeking to enter into the | ||
agreement to establish concurrent jurisdiction of the municipal | ||
courts in the municipalities and provide original jurisdiction to a | ||
municipal court in which a case is brought as if the municipal court | ||
were located in the municipality in which the case arose, for: | ||
(1) all cases in which either municipality has | ||
jurisdiction under Subsection (a); and | ||
(2) cases that arise under Section 821.022, Health and | ||
Safety Code[ |
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SECTION 2. Article 45.0216(g), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(g) This article does not apply to any offense otherwise | ||
covered by: | ||
(1) Chapter 106, Alcoholic Beverage Code; or | ||
(2) Chapter 161, Health and Safety Code[ |
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SECTION 3. Article 45.056(k), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(k) Subsections (i) and (j) do not apply to[ |
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SECTION 4. Section 25.085(f), Education Code, is amended to | ||
read as follows: | ||
(f) The board of trustees of a school district may adopt a | ||
policy requiring a person described by Subsection (e) who is under | ||
21 years of age to attend school until the end of the school | ||
year. Section [ |
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under this subsection. | ||
SECTION 5. Sections 25.091(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) A peace officer serving as an attendance officer has the | ||
following powers and duties concerning enforcement of compulsory | ||
school attendance requirements: | ||
(1) to investigate each case of a violation of | ||
compulsory school attendance requirements referred to the peace | ||
officer; | ||
(2) to enforce compulsory school attendance | ||
requirements by: | ||
(A) applying truancy prevention measures adopted | ||
under Section 25.0915 to the student; and | ||
(B) if the truancy prevention measures fail to | ||
meaningfully address the student's conduct, [ |
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court [ |
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for the amount of time specified [ |
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Section 51.03(b)(2), Family Code; [ |
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(3) to serve court-ordered legal process; | ||
(4) to review school attendance records for compliance | ||
by each student investigated by the officer; | ||
(5) to maintain an investigative record on each | ||
compulsory school attendance requirement violation and related | ||
court action and, at the request of a court, the board of trustees | ||
of a school district, or the commissioner, to provide a record to | ||
the individual or entity requesting the record; | ||
(6) to make a home visit or otherwise contact the | ||
parent of a student who is in violation of compulsory school | ||
attendance requirements, except that a peace officer may not enter | ||
a residence without the permission of the parent of a student | ||
required under this subchapter to attend school or of the tenant or | ||
owner of the residence [ |
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(7) to take a student into custody with the permission | ||
of the student's parent or in obedience to a court-ordered legal | ||
process. | ||
(b) An attendance officer employed by a school district who | ||
is not commissioned as a peace officer has the following powers and | ||
duties with respect to enforcement of compulsory school attendance | ||
requirements: | ||
(1) to investigate each case of a violation of the | ||
compulsory school attendance requirements referred to the | ||
attendance officer; | ||
(2) to enforce compulsory school attendance | ||
requirements by: | ||
(A) applying truancy prevention measures adopted | ||
under Section 25.0915 to the student; and | ||
(B) if the truancy prevention measures fail to | ||
meaningfully address the student's conduct, [ |
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court [ |
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for the amount of time specified [ |
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Section 51.03(b)(2), Family Code; [ |
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(3) to monitor school attendance compliance by each | ||
student investigated by the officer; | ||
(4) to maintain an investigative record on each | ||
compulsory school attendance requirement violation and related | ||
court action and, at the request of a court, the board of trustees | ||
of a school district, or the commissioner, to provide a record to | ||
the individual or entity requesting the record; | ||
(5) to make a home visit or otherwise contact the | ||
parent of a student who is in violation of compulsory school | ||
attendance requirements, except that the attendance officer may not | ||
enter a residence without permission of the parent or of the owner | ||
or tenant of the residence; | ||
(6) at the request of a parent, to escort a student | ||
from any location to a school campus to ensure the student's | ||
compliance with compulsory school attendance requirements; and | ||
(7) if the attendance officer has or is informed of a | ||
court-ordered legal process directing that a student be taken into | ||
custody and the school district employing the officer does not | ||
employ its own police department, to contact the sheriff, | ||
constable, or any peace officer to request that the student be taken | ||
into custody and processed according to the legal process. | ||
SECTION 6. Section 25.0915, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL [ |
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prevention measures designed to: | ||
(1) address student conduct related to truancy in the | ||
school setting; and | ||
(2) minimize the need for referrals to juvenile court | ||
for conduct described by Section 51.03(b)(2), Family Code[ |
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(b) Each referral to juvenile court for conduct described by | ||
Section 51.03(b)(2), Family Code, [ |
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(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) to the student; 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. | ||
(c) A court shall dismiss a [ |
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a school district under this section that is not made in compliance | ||
with Subsection (b). | ||
SECTION 7. Sections 25.095(a) and (b), Education Code, are | ||
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 on 10 or more | ||
days or parts of days within a six-month period in the same school | ||
year or on three or more days or parts of days within a four-week | ||
period[ |
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(b) A school district shall notify a student's parent if the | ||
student has been absent from school, without excuse under Section | ||
25.087, on three days or parts of days within a four-week period. | ||
The notice must: | ||
(1) inform the parent that[ |
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student's school attendance and require the student to attend | ||
school; and | ||
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(2) request a conference between school officials and | ||
the parent to discuss the absences. | ||
SECTION 8. Section 25.0951, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.0951. SCHOOL DISTRICT [ |
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FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school | ||
without excuse on 10 or more days or parts of days within a | ||
six-month period in the same school year, a school district shall | ||
within 10 school days of the student's 10th absence[ |
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conduct indicating a need for supervision under Section | ||
51.03(b)(2), Family Code. | ||
(b) If a student fails to attend school without excuse on | ||
three or more days or parts of days within a four-week period but | ||
does not fail to attend school for the time described by Subsection | ||
(a), the school district may[ |
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conduct indicating a need for supervision under Section | ||
51.03(b)(2), Family Code. | ||
(c) [ |
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by a school district under this section that is not made in | ||
compliance with this section. | ||
SECTION 9. Section 29.087(d), Education Code, is amended to | ||
read as follows: | ||
(d) A student is eligible to participate in a program | ||
authorized by this section if: | ||
(1) the student has been ordered by [ |
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the Texas Juvenile Justice Department [ |
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(A) participate in a preparatory class for the | ||
high school equivalency examination; or | ||
(B) take the high school equivalency examination | ||
administered under Section 7.111; or | ||
(2) the following conditions are satisfied: | ||
(A) the student is at least 16 years of age at the | ||
beginning of the school year or semester; | ||
(B) the student is a student at risk of dropping | ||
out of school, as defined by Section 29.081; | ||
(C) the student and the student's parent or | ||
guardian agree in writing to the student's participation; | ||
(D) at least two school years have elapsed since | ||
the student first enrolled in ninth grade and the student has | ||
accumulated less than one third of the credits required to graduate | ||
under the minimum graduation requirements of the district or | ||
school; and | ||
(E) any other conditions specified by the | ||
commissioner. | ||
SECTION 10. Section 51.02(15), Family Code, is amended to | ||
read as follows: | ||
(15) "Status offender" means a child who is accused, | ||
adjudicated, or convicted for conduct that would not, under state | ||
law, be a crime if committed by an adult, including: | ||
(A) truancy under Section 51.03(b)(2); | ||
(B) running away from home under Section | ||
51.03(b)(3); | ||
(C) a fineable only offense under Section | ||
51.03(b)(1) transferred to the juvenile court under Section | ||
51.08(b), but only if the conduct constituting the offense would | ||
not have been criminal if engaged in by an adult; | ||
(D) [ |
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as described by Section 51.03(b)(5); | ||
(E) [ |
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ordinance or order; | ||
(F) [ |
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Alcoholic Beverage Code applicable to minors only; or | ||
(G) [ |
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offense under Section 8.07(a)(4) or (5), Penal Code, but only if the | ||
conduct constituting the offense would not have been criminal if | ||
engaged in by an adult. | ||
SECTION 11. Section 51.04(a), Family Code, is amended to | ||
read as follows: | ||
(a) This title covers the proceedings in all cases involving | ||
the delinquent conduct or conduct indicating a need for supervision | ||
engaged in by a person who was a child within the meaning of this | ||
title at the time the person engaged in the conduct, and[ |
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original jurisdiction over proceedings under this title. | ||
SECTION 12. Section 54.041(f), Family Code, is amended to | ||
read as follows: | ||
(f) If a child is found to have engaged in conduct | ||
indicating a need for supervision described under Section | ||
51.03(b)(2) [ |
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guardians to attend a program for parents of students with | ||
unexcused absences that provides instruction designed to assist | ||
those parents in identifying problems that contribute to the | ||
students' unexcused absences and in developing strategies for | ||
resolving those problems [ |
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SECTION 13. Section 58.106(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as otherwise provided by this section, | ||
information contained in the juvenile justice information system is | ||
confidential information for the use of the department and may not | ||
be disseminated by the department except: | ||
(1) with the permission of the juvenile offender, to | ||
military personnel of this state or the United States; | ||
(2) to a person or entity to which the department may | ||
grant access to adult criminal history records as provided by | ||
Section 411.083, Government Code; | ||
(3) to a juvenile justice agency; | ||
(4) to the Texas Juvenile Justice Department [ |
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analytical purposes; | ||
(5) to the office of independent ombudsman of the | ||
Texas Juvenile Justice Department [ |
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(6) to a county, justice, or municipal court | ||
exercising jurisdiction over a juvenile[ |
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SECTION 14. Sections 26.045(c) and (e), Government Code, | ||
are amended to read as follows: | ||
(c) Except as provided by Subsection [ |
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(f), a county court that is in a county with a criminal district | ||
court does not have any criminal jurisdiction. | ||
(e) Subsection [ |
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affect the jurisdiction of a statutory county court. | ||
SECTION 15. Section 29.003(i), Government Code, is amended | ||
to read as follows: | ||
(i) A municipality may enter into an agreement with a | ||
contiguous municipality or a municipality with boundaries that are | ||
within one-half mile of the municipality seeking to enter into the | ||
agreement to establish concurrent jurisdiction of the municipal | ||
courts in the municipalities and provide original jurisdiction to a | ||
municipal court in which a case is brought as if the municipal court | ||
were located in the municipality in which the case arose, for: | ||
(1) all cases in which either municipality has | ||
jurisdiction under Subsection (a); and | ||
(2) cases that arise under Section 821.022, Health and | ||
Safety Code[ |
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SECTION 16. Section 71.0352, Government Code, is amended to | ||
read as follows: | ||
Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND | ||
JUVENILE COURTS. As a component of the official monthly report | ||
submitted to the Office of Court Administration of the Texas | ||
Judicial System: | ||
(1) justice and municipal courts shall report the | ||
number of cases filed for [ |
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ordinance adopted under Section 341.905 or 351.903, Local | ||
Government Code; and | ||
(2) in cases in which a child fails to obey an order of | ||
a justice or municipal court under circumstances that would | ||
constitute contempt of court, the justice or municipal court shall | ||
report the number of incidents in which the child is: | ||
(A) referred to the appropriate juvenile court | ||
for delinquent conduct as provided by Article 45.050(c)(1), Code of | ||
Criminal Procedure, and Section 51.03(a)(2), Family Code; or | ||
(B) held in contempt, fined, or denied driving | ||
privileges as provided by Article 45.050(c)(2), Code of Criminal | ||
Procedure. | ||
SECTION 17. The following provisions are repealed: | ||
(1) Articles 45.054 and 45.055, Code of Criminal | ||
Procedure; | ||
(2) Article 45.056(e), Code of Criminal Procedure; | ||
(3) Article 102.014(d), Code of Criminal Procedure; | ||
(4) Sections 25.0916, 25.093, and 25.094, Education | ||
Code; | ||
(5) Section 25.095(c), Education Code; | ||
(6) Section 25.0952, Education Code; | ||
(7) Section 51.03(g), Family Code; | ||
(8) Section 51.04(h), Family Code; | ||
(9) Section 51.08(e), Family Code; | ||
(10) Section 54.021, Family Code; | ||
(11) Section 26.045(d), Government Code; | ||
(12) Subchapter W, Chapter 54, Government Code; | ||
(13) Subchapter JJ, Chapter 54, Government Code; and | ||
(14) Section 103.021(20-b), Government Code. | ||
SECTION 18. The changes in law made by this Act do not apply | ||
to an offense committed under Section 25.093 or 25.094, Education | ||
Code, before the effective date of this Act or to a criminal action | ||
pending on the effective date of this Act for an offense under | ||
either section. An offense committed before the effective date of | ||
this Act or a criminal action pending on that date is governed by | ||
the law in effect at the time the offense was committed, and the | ||
former law is continued in effect for that purpose. For the | ||
purposes of this section, an offense is committed before the | ||
effective date of this Act if any element of the offense was | ||
committed before that date. | ||
SECTION 19. This Act takes effect September 1, 2015. |