S.B. No. 1489

	AN ACT
	relating to educational, juvenile justice, and criminal justice
	responses to truancy.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (a), Section 25.094, Education Code,
	is amended to read as follows:
	(a)  An individual commits an offense if the individual:
	(1)  is 12 years of age or older and younger than 18
	years of age;
	(2)  is required to attend school under Section 25.085;
	and
	(3) [(2)]  fails to attend 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.
	SECTION 2.  Section 51.03, Family Code, is amended by adding
	Subsection (e-1) to read as follows:
	(e-1)  Notwithstanding any other law, for purposes of
	conduct described by Subsection (b)(2), "child" means a person who
	is:
	(1)  10 years of age or older;
	(2)  alleged or found to have engaged in the conduct as
	a result of acts committed before becoming 18 years of age; and
	(3)  required to attend school under Section 25.085,
	Education Code.
	SECTION 3.  Subsections (a) and (b), Section 54.021, Family
	Code, are amended to read as follows:
	(a)  The juvenile court may waive its exclusive original
	jurisdiction and transfer a child to the constitutional county
	court, if the county has a population of two million or more, or to
	an appropriate justice or municipal court, with the permission of
	the county, justice, or municipal court, for disposition in the
	manner provided by Subsection (b) if the child is 12 years of age or
	older and is alleged to have engaged in conduct described in Section
	51.03(b)(2).  A waiver of jurisdiction under this subsection may be
	for an individual case or for all cases in which a child is alleged
	to have engaged in conduct described in Section 51.03(b)(2).  The
	waiver of a juvenile court's exclusive original jurisdiction for
	all cases in which a child is alleged to have engaged in conduct
	described in Section 51.03(b)(2) is effective for a period of one
	year.
	(b)  A county, justice, or municipal court may exercise
	jurisdiction over a person alleged to have engaged in conduct
	indicating a need for supervision by engaging in conduct described
	in Section 51.03(b)(2) in a case where:
	(1)  the person is 12 years of age or older;
	(2)  the juvenile court has waived its original
	jurisdiction under this section; and
	(3) [(2)]  a complaint is filed by the appropriate
	authority in the county, justice, or municipal court charging an
	offense under Section 25.094, Education Code.
	SECTION 4.  Chapter 54, Family Code, is amended by adding
	Section 54.0402 to read as follows:
	Sec. 54.0402.  DISPOSITIONAL ORDER FOR FAILURE TO ATTEND
	SCHOOL. A dispositional order regarding conduct under Section
	51.03(b)(2) is effective for the period specified by the court in
	the order but may not extend beyond the 180th day after the date of
	the order or beyond the end of the school year in which the order was
	entered, whichever period is longer.
	SECTION 5.  Section 54.05, Family Code, is amended by
	amending Subsections (a) and (b) and adding Subsection (a-1) to
	read as follows:
	(a)  Except as provided by Subsection (a-1), any [Any]
	disposition, except a commitment to the Texas Youth Commission, may
	be modified by the juvenile court as provided in this section until:
	(1)  the child reaches his 18th birthday; or
	(2)  the child is earlier discharged by the court or
	operation of law.
	(a-1)  A disposition regarding conduct under Section
	51.03(b)(2) may be modified by the juvenile court as provided by
	this section until the expiration of the period described by
	Section 54.0402.
	(b)  Except for a commitment to the Texas Youth Commission or
	a disposition under Section 54.0402, all dispositions
	automatically terminate when the child reaches his 18th birthday.
	SECTION 6.  Article 45.054, Code of Criminal Procedure, is
	amended by adding Subsections (i) and (j) to read as follows:
	(i)  A county, justice, or municipal court shall dismiss the
	complaint against an individual alleging that the individual
	committed an offense under Section 25.094, Education Code, if:
	(1)  the court finds that the individual has
	successfully complied with the conditions imposed on the individual
	by the court under this article; or
	(2)  the individual presents to the court proof that
	the individual has obtained a high school diploma or a high school
	equivalency certificate.
	(j)   A county, justice, or municipal court may waive or
	reduce a fee or court cost imposed under this article if the court
	finds that payment of the fee or court cost would cause financial
	hardship.
	SECTION 7.  Article 45.055, Code of Criminal Procedure, is
	amended by amending Subsection (a) and adding Subsection (e) to
	read as follows:
	(a)  Except as provided by Subsection (e), an [An] individual
	convicted of not more than one violation of Section 25.094,
	Education Code, may, on or after the individual's 18th birthday,
	apply to the court in which the individual was convicted to have the
	conviction and records relating to the conviction expunged.
	(e)  A court shall expunge an individual's conviction under
	Section 25.094, Education Code, and records relating to a
	conviction, regardless of whether the individual has previously
	been convicted of an offense under that section, if:
	(1)  the court finds that the individual has
	successfully complied with the conditions imposed on the individual
	by the court under Article 45.054; or
	(2)  before the individual's 21st birthday, the
	individual presents to the court proof that the individual has
	obtained a high school diploma or a high school equivalency
	certificate.
	SECTION 8.  Subsections (b) and (c), Article 102.0174, Code
	of Criminal Procedure, are amended to read as follows:
	(b)  The governing body of a municipality by ordinance may
	create a juvenile case manager fund and may require a defendant
	convicted of a fine-only misdemeanor offense in a municipal court
	to pay a juvenile case manager fee not to exceed $5 as a cost of
	court if the municipality employs a juvenile case manager. A
	municipality that does not employ a juvenile case manager may not
	collect a fee under this subsection.
	(c)  The commissioners court of a county by order may create
	a juvenile case manager fund and may require a defendant convicted
	of a fine-only misdemeanor offense in a justice court, county
	court, or county court at law to pay a juvenile case manager fee not
	to exceed $5 as a cost of court if the court employs a juvenile case
	manager. A justice court, county court, or county court at law that
	does not employ a juvenile case manager may not collect a fee under
	this subsection.
	SECTION 9.  Subsections (a) and (b), Section 25.091,
	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:
	(i)  referring the [a] student to a juvenile
	court or filing a complaint against the [a] student in a county,
	justice, or municipal court if the student has unexcused absences
	for the amount of time specified under Section 25.094 or under
	Section 51.03(b)(2), Family Code; or [and]
	(ii) [(B)]  filing a complaint in a county,
	justice, or municipal court against a parent who violates Section
	25.093;
	(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 except to lawfully serve court-ordered legal
	process on the parent; and
	(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:
	(i)  referring the [a] student to a juvenile
	court or filing a complaint against the [a] student in a county,
	justice, or municipal court if the student has unexcused absences
	for the amount of time specified under Section 25.094 or under
	Section 51.03(b)(2), Family Code; and
	(ii) [(B)]  filing a complaint in a county,
	justice, or municipal court against a parent who violates Section
	25.093;
	(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 10.  Subchapter C, Chapter 25, Education Code, is
	amended by adding Section 25.0915 to read as follows:
	Sec. 25.0915.  TRUANCY PREVENTION MEASURES; REFERRAL AND
	FILING REQUIREMENT. (a)  A school district shall adopt truancy
	prevention measures designed to:
	(1)  address student conduct related to truancy in the
	school setting;
	(2)  minimize the need for referrals to juvenile court
	for conduct described by Section 51.03(b)(2), Family Code; and
	(3)  minimize the filing of complaints in county,
	justice, and municipal courts alleging a violation of Section
	25.094.
	(b)  Each referral to juvenile court for conduct described by
	Section 51.03(b)(2), Family Code, or complaint filed in county,
	justice, or municipal court alleging a violation by a student of
	Section 25.094 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) 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.
	SECTION 11.  Section 58.106, Family Code, is amended by
	amending Subsection (a) and adding Subsection (a-1) 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 Youth Commission and the Texas
	Juvenile Probation Commission for analytical purposes; [and]
	(5)  to the office of independent ombudsman of the
	Texas Youth Commission; and
	(6)  to a county, justice, or municipal court
	exercising jurisdiction over a juvenile under Section 54.021.
	(a-1)  Information disseminated under Subsection (a) remains
	confidential after dissemination and may be disclosed by the
	recipient only as provided by this title.
	SECTION 12.  Section 102.061, Government Code, as amended by
	Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
	and amended to read as follows:
	Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN
	STATUTORY COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of
	a statutory county court shall collect fees and costs under the Code
	of Criminal Procedure on conviction of a defendant as follows:
	(1)  a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $20;
	(2)  a fee for services of the clerk of the court
	(Art. 102.005, Code of Criminal Procedure) . . . $40;
	(3)  a records management and preservation services fee
	(Art. 102.005, Code of Criminal Procedure) . . . $25;
	(4)  a county and district court technology fee
	(Art. 102.0169, Code of Criminal Procedure) . . . $4;
	(5)  a security fee on a misdemeanor offense
	(Art. 102.017, Code of Criminal Procedure) . . . $3;
	(6)  a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	$50; [and]
	(7)  a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5 if the court employs a
	juvenile case manager; and
	(8) [(7)]  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SECTION 13.  Section 102.081, Government Code, as amended by
	Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
	Acts of the 81st Legislature, Regular Session, 2009, is reenacted
	and amended to read as follows:
	Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN
	COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a county
	court shall collect fees and costs under the Code of Criminal
	Procedure on conviction of a defendant as follows:
	(1)  a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $20;
	(2)  a fee for clerk of the court services
	(Art. 102.005, Code of Criminal Procedure) . . . $40;
	(3)  a records management and preservation services fee
	(Art. 102.005, Code of Criminal Procedure) . . . $25;
	(4)  a county and district court technology fee
	(Art. 102.0169, Code of Criminal Procedure) . . . $4;
	(5)  a security fee on a misdemeanor offense
	(Art. 102.017, Code of Criminal Procedure) . . . $3;
	(6)  a juvenile delinquency prevention and graffiti
	eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
	$50; [and]
	(7)  a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5 if the court employs a
	juvenile case manager; and
	(8) [(7)]  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SECTION 14.  Section 102.101, Government Code, is amended to
	read as follows:
	Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN
	JUSTICE COURT:  CODE OF CRIMINAL PROCEDURE. A clerk of a justice
	court shall collect fees and costs under the Code of Criminal
	Procedure on conviction of a defendant as follows:
	(1)  a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(2)  a fee for withdrawing request for jury less than 24
	hours before time of trial (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(3)  a jury fee for two or more defendants tried jointly
	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
	(4)  a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $4;
	(5)  a fee for technology fund on a misdemeanor offense
	(Art. 102.0173, Code of Criminal Procedure) . . . $4;
	(6)  a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5 if the court employs a
	juvenile case manager;
	(7)  a fee on conviction of certain offenses involving
	issuing or passing a subsequently dishonored check (Art. 102.0071,
	Code of Criminal Procedure) . . . not to exceed $30;
	(8)  a court cost on conviction of a Class C misdemeanor
	in a county with a population of 3.3 million or more, if authorized
	by the county commissioners court (Art. 102.009, Code of Criminal
	Procedure) . . . not to exceed $7; and
	(9)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SECTION 15.  Section 102.121, Government Code, is amended to
	read as follows:
	Sec. 102.121.  ADDITIONAL COURT COSTS ON CONVICTION IN
	MUNICIPAL COURT:  CODE OF CRIMINAL PROCEDURE. The clerk of a
	municipal court shall collect fees and costs on conviction of a
	defendant as follows:
	(1)  a jury fee (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(2)  a fee for withdrawing request for jury less than 24
	hours before time of trial (Art. 102.004, Code of Criminal
	Procedure) . . . $3;
	(3)  a jury fee for two or more defendants tried jointly
	(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
	(4)  a security fee on a misdemeanor offense (Art.
	102.017, Code of Criminal Procedure) . . . $3;
	(5)  a fee for technology fund on a misdemeanor offense
	(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
	(6)  a juvenile case manager fee (Art. 102.0174, Code
	of Criminal Procedure) . . . not to exceed $5 if the municipality
	employs a juvenile case manager; and
	(7)  a civil justice fee (Art. 102.022, Code of
	Criminal Procedure) . . . $0.10.
	SECTION 16.  Subsection (e), Article 45.056, Code of
	Criminal Procedure, is repealed.
	SECTION 17.  The change in law made by this Act applies only
	to conduct that occurs on or after the effective date of this Act.
	Conduct that occurs before the effective date of this Act is
	governed by the law in effect at the time the conduct occurred, and
	the former law is continued in effect for that purpose. For
	purposes of this section, conduct occurs before the effective date
	of this Act if any element of the violation occurs before that date.
	SECTION 18.  To the extent of any conflict, this Act prevails
	over another Act of the 82nd Legislature, Regular Session, 2011,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 19.  This Act takes effect September 1, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 1489 passed the Senate on
	April 26, 2011, by the following vote:  Yeas 27, Nays 4;
	May 24, 2011, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 25, 2011, House
	granted request of the Senate; May 28, 2011, Senate adopted
	Conference Committee Report by the following vote:  Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 1489 passed the House, with
	amendments, on May 23, 2011, by the following vote:  Yeas 139,
	Nays 0, three present not voting; May 25, 2011, House granted
	request of the Senate for appointment of Conference Committee;
	May 28, 2011, House adopted Conference Committee Report by the
	following vote:  Yeas 146, Nays 0, one present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor