| 1 | 1 | | 84R261 KKR-D |
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| 2 | 2 | | By: White of Tyler H.B. No. 1571 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to notice of the right to employ counsel in truancy |
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| 8 | 8 | | proceedings. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 25.0951, Education Code, is amended by |
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| 11 | 11 | | adding Subsection (b-1) and amending Subsection (d) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (b-1) At the time the school district files a complaint |
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| 14 | 14 | | against a student or a student's parent or refers a student to |
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| 15 | 15 | | juvenile court as provided by Subsection (b), the school district, |
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| 16 | 16 | | in the manner described by Section 25.095, shall provide notice to |
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| 17 | 17 | | the student's parent that the student or parent, as appropriate, is |
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| 18 | 18 | | entitled to employ an attorney to represent the student or parent in |
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| 19 | 19 | | county, justice, municipal, or juvenile court. |
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| 20 | 20 | | (d) A court shall dismiss a complaint or referral made by a |
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| 21 | 21 | | school district under this section that is not made in compliance |
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| 22 | 22 | | with this section or for which the school district has not provided |
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| 23 | 23 | | notice of the right to counsel as provided by Subsection (b-1). |
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| 24 | 24 | | SECTION 2. Section 25.0951, Education Code, as amended by |
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| 25 | 25 | | this Act, applies to a proceeding for failure to attend school that |
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| 26 | 26 | | occurs on or after the effective date of this Act regardless of |
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| 27 | 27 | | whether the offense that is the subject of the proceeding was |
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| 28 | 28 | | committed before, on, or after the effective date of this Act. |
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| 29 | 29 | | SECTION 3. This Act takes effect September 1, 2015. |
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