| 1 | 1 | | H.B. No. 1425 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the determination of the population of a county |
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| 6 | 6 | | required to develop a juvenile justice alternative education |
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| 7 | 7 | | program. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 37.011, Education Code, is amended by |
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| 10 | 10 | | adding Subsection (a-1) to read as follows: |
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| 11 | 11 | | (a-1) For purposes of this section and Section 37.010(a), a |
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| 12 | 12 | | county with a population greater than 125,000 is considered to be a |
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| 13 | 13 | | county with a population of 125,000 or less if: |
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| 14 | 14 | | (1) the county had a population of 125,000 or less |
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| 15 | 15 | | according to the 2000 federal census; and |
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| 16 | 16 | | (2) the juvenile board of the county enters into, with |
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| 17 | 17 | | the approval of the Texas Juvenile Probation Commission, a |
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| 18 | 18 | | memorandum of understanding with each school district within the |
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| 19 | 19 | | county that: |
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| 20 | 20 | | (A) outlines the responsibilities of the board |
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| 21 | 21 | | and school districts in minimizing the number of students expelled |
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| 22 | 22 | | without receiving alternative educational services; and |
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| 23 | 23 | | (B) includes the coordination procedures |
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| 24 | 24 | | required by Section 37.013. |
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| 25 | 25 | | SECTION 2. A juvenile court that has placed a child on |
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| 26 | 26 | | juvenile probation or deferred prosecution under Title 3, Family |
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| 27 | 27 | | Code, and required as a condition of probation or deferred |
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| 28 | 28 | | prosecution, as described by Section 37.011(b), Education Code, |
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| 29 | 29 | | that the child attend a juvenile justice alternative education |
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| 30 | 30 | | program in a county that is not required to operate a juvenile |
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| 31 | 31 | | justice alternative education program under Section 37.011, |
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| 32 | 32 | | Education Code, as amended by this Act, shall modify the conditions |
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| 33 | 33 | | of probation or deferred prosecution if the county discontinues |
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| 34 | 34 | | operation of the juvenile justice alternative education program. |
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| 35 | 35 | | SECTION 3. This Act applies beginning with the 2009-2010 |
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| 36 | 36 | | school year. |
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| 37 | 37 | | SECTION 4. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2009. |
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| 42 | 42 | | ______________________________ ______________________________ |
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| 43 | 43 | | President of the Senate Speaker of the House |
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| 44 | 44 | | I certify that H.B. No. 1425 was passed by the House on May 7, |
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| 45 | 45 | | 2009, by the following vote: Yeas 146, Nays 0, 1 present, not |
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| 46 | 46 | | voting. |
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| 47 | 47 | | ______________________________ |
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| 48 | 48 | | Chief Clerk of the House |
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| 49 | 49 | | I certify that H.B. No. 1425 was passed by the Senate on May |
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| 50 | 50 | | 22, 2009, by the following vote: Yeas 30, Nays 0. |
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| 51 | 51 | | ______________________________ |
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| 52 | 52 | | Secretary of the Senate |
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| 53 | 53 | | APPROVED: _____________________ |
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| 54 | 54 | | Date |
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| 55 | 55 | | _____________________ |
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| 56 | 56 | | Governor |
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