Texas 2015 - 84th Regular

Texas House Bill HB2821 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R5490 MK-D
2	2	By: Clardy H.B. No. 2821
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court jurisdiction and procedures for truancy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(g) A municipality may enter into an agreement with a
12	12	contiguous municipality or a municipality with boundaries that are
13	13	within one-half mile of the municipality seeking to enter into the
14	14	agreement to establish concurrent jurisdiction of the municipal
15	15	courts in the municipalities and provide original jurisdiction to a
16	16	municipal court in which a case is brought as if the municipal court
17	17	were located in the municipality in which the case arose, for:
18	18	(1) all cases in which either municipality has
19	19	jurisdiction under Subsection (a); and
20	20	(2) cases that arise under Section 821.022, Health and
21	21	Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
22	22	Code].
23	23	SECTION 2. Article 45.0216(g), Code of Criminal Procedure,
24	24	is amended to read as follows:
25	25	(g) This article does not apply to any offense otherwise
26	26	covered by:
27	27	(1) Chapter 106, Alcoholic Beverage Code; or
28	28	(2) Chapter 161, Health and Safety Code[; or
29	29	[(3) Section 25.094, Education Code].
30	30	SECTION 3. Article 102.014(d), Code of Criminal Procedure,
31	31	is amended to read as follows:
32	32	(d) A person convicted of an offense under Section 25.093
33	33	[or 25.094], Education Code, shall pay as taxable court costs $20 in
34	34	addition to other taxable court costs. The additional court costs
35	35	under this subsection shall be collected in the same manner that
36	36	other fines and taxable court costs in the case are collected.
37	37	SECTION 4. (a) Section 7.111(a), Education Code, as amended
38	38	by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd
39	39	Legislature, Regular Session, 2013, is reenacted to read as
40	40	follows:
41	41	(a) The board shall provide for the administration of high
42	42	school equivalency examinations.
43	43	(b) Section 7.111(a-1), Education Code, is amended to
44	44	conform to the amendment of Section 7.111(a), Education Code, by
45	45	Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
46	46	Session, 2013, and is further amended to read as follows:
47	47	(a-1) A person who does not have a high school diploma may
48	48	take the examination in accordance with rules adopted by the board
49	49	if the person is:
50	50	(1) over 17 years of age;
51	51	(2) 16 years of age or older and:
52	52	(A) is enrolled in a Job Corps training program
53	53	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
54	54	et seq.), and its subsequent amendments;
55	55	(B) a public agency providing supervision of the
56	56	person or having custody of the person under a court order
57	57	recommends that the person take the examination; or
58	58	(C) is enrolled in the Texas Military
59	59	Department's [adjutant general's department's] Seaborne ChalleNGe
60	60	Corps; or
61	61	(3) required to take the examination under a court
62	62	order issued under Section 54.0492(a)(1)(C), Family Code.
63	63	SECTION 5. Section 25.085(f), Education Code, is amended to
64	64	read as follows:
65	65	(f) The board of trustees of a school district may adopt a
66	66	policy requiring a person described by Subsection (e) who is under
67	67	21 years of age to attend school until the end of the school year.
68	68	[Section 25.094 applies to a person subject to a policy adopted
69	69	under this subsection.] Sections 25.093 and 25.095 do not apply to
70	70	the parent of a person subject to a policy adopted under this
71	71	subsection.
72	72	SECTION 6. Sections 25.091(a) and (b), Education Code, are
73	73	amended to read as follows:
74	74	(a) A peace officer serving as an attendance officer has the
75	75	following powers and duties concerning enforcement of compulsory
76	76	school attendance requirements:
77	77	(1) to investigate each case of a violation of
78	78	compulsory school attendance requirements referred to the peace
79	79	officer;
80	80	(2) to enforce compulsory school attendance
81	81	requirements by:
82	82	(A) applying truancy prevention measures adopted
83	83	under Section 25.0915 to the student; and
84	84	(B) if the truancy prevention measures fail to
85	85	meaningfully address the student's conduct:
86	86	(i) referring the student to a juvenile
87	87	court or filing a complaint against the student in a county,
88	88	justice, or municipal court if the student has unexcused absences
89	89	for the amount of time specified under [Section 25.094 or under]
90	90	Section 51.03(b)(2), Family Code; or
91	91	(ii) filing a complaint in a county,
92	92	justice, or municipal court against a parent who violates Section
93	93	25.093;
94	94	(3) to serve court-ordered legal process;
95	95	(4) to review school attendance records for compliance
96	96	by each student investigated by the officer;
97	97	(5) to maintain an investigative record on each
98	98	compulsory school attendance requirement violation and related
99	99	court action and, at the request of a court, the board of trustees
100	100	of a school district, or the commissioner, to provide a record to
101	101	the individual or entity requesting the record;
102	102	(6) to make a home visit or otherwise contact the
103	103	parent of a student who is in violation of compulsory school
104	104	attendance requirements, except that a peace officer may not enter
105	105	a residence without the permission of the parent of a student
106	106	required under this subchapter to attend school or of the tenant or
107	107	owner of the residence except to lawfully serve court-ordered legal
108	108	process on the parent; and
109	109	(7) to take a student into custody with the permission
110	110	of the student's parent or in obedience to a court-ordered legal
111	111	process.
112	112	(b) An attendance officer employed by a school district who
113	113	is not commissioned as a peace officer has the following powers and
114	114	duties with respect to enforcement of compulsory school attendance
115	115	requirements:
116	116	(1) to investigate each case of a violation of the
117	117	compulsory school attendance requirements referred to the
118	118	attendance officer;
119	119	(2) to enforce compulsory school attendance
120	120	requirements by:
121	121	(A) applying truancy prevention measures adopted
122	122	under Section 25.0915 to the student; and
123	123	(B) if the truancy prevention measures fail to
124	124	meaningfully address the student's conduct:
125	125	(i) referring the student to a juvenile
126	126	court or filing a complaint against the student in a county,
127	127	justice, or municipal court if the student has unexcused absences
128	128	for the amount of time specified under [Section 25.094 or under]
129	129	Section 51.03(b)(2), Family Code; and
130	130	(ii) filing a complaint in a county,
131	131	justice, or municipal court against a parent who violates Section
132	132	25.093;
133	133	(3) to monitor school attendance compliance by each
134	134	student investigated by the officer;
135	135	(4) to maintain an investigative record on each
136	136	compulsory school attendance requirement violation and related
137	137	court action and, at the request of a court, the board of trustees
138	138	of a school district, or the commissioner, to provide a record to
139	139	the individual or entity requesting the record;
140	140	(5) to make a home visit or otherwise contact the
141	141	parent of a student who is in violation of compulsory school
142	142	attendance requirements, except that the attendance officer may not
143	143	enter a residence without permission of the parent or of the owner
144	144	or tenant of the residence;
145	145	(6) at the request of a parent, to escort a student
146	146	from any location to a school campus to ensure the student's
147	147	compliance with compulsory school attendance requirements; and
148	148	(7) if the attendance officer has or is informed of a
149	149	court-ordered legal process directing that a student be taken into
150	150	custody and the school district employing the officer does not
151	151	employ its own police department, to contact the sheriff,
152	152	constable, or any peace officer to request that the student be taken
153	153	into custody and processed according to the legal process.
154	154	SECTION 7. Sections 25.0915(a) and (b), Education Code, are
155	155	amended to read as follows:
156	156	(a) A school district shall adopt truancy prevention
157	157	measures designed to:
158	158	(1) address student conduct related to truancy in the
159	159	school setting; and
160	160	(2) minimize the need for referrals to juvenile court
161	161	for conduct described by Section 51.03(b)(2), Family Code[; and
162	162	[(3) minimize the filing of complaints in county,
163	163	justice, and municipal courts alleging a violation of Section
164	164	25.094].
165	165	(b) Each referral to juvenile court for conduct described by
166	166	Section 51.03(b)(2), Family Code, [or complaint filed in county,
167	167	justice, or municipal court alleging a violation by a student of
168	168	Section 25.094] must:
169	169	(1) be accompanied by a statement from the student's
170	170	school certifying that:
171	171	(A) the school applied the truancy prevention
172	172	measures adopted under Subsection (a) to the student; and
173	173	(B) the truancy prevention measures failed to
174	174	meaningfully address the student's school attendance; and
175	175	(2) specify whether the student is eligible for or
176	176	receives special education services under Subchapter A, Chapter 29.
177	177	SECTION 8. Section 25.093(a), Education Code, is amended to
178	178	read as follows:
179	179	(a) If a warning is issued as required by Section 25.095(a),
180	180	the parent with criminal negligence fails to require the child to
181	181	attend school as required by law, and the child has absences for the
182	182	amount of time specified under Section 51.03(b)(2), Family Code
183	183	[25.094], the parent commits an offense.
184	184	SECTION 9. Sections 25.095(a) and (c), Education Code, are
185	185	amended to read as follows:
186	186	(a) A school district or open-enrollment charter school
187	187	shall notify a student's parent in writing at the beginning of the
188	188	school year that if the student is absent from school on 10 or more
189	189	days or parts of days within a six-month period in the same school
190	190	year or on three or more days or parts of days within a four-week
191	191	period:
192	192	(1) the student's parent is subject to prosecution
193	193	under Section 25.093; and
194	194	(2) the student is subject to [prosecution under
195	195	Section 25.094 or to] referral to a juvenile court [in a county with
196	196	a population of less than 100,000] for conduct indicating a need for
197	197	supervision under Section 51.03(b)(2), Family Code [that violates
198	198	that section].
199	199	(c) The fact that a parent did not receive a notice under
200	200	Subsection (a) or (b) does not create a defense [to prosecution]
201	201	under Section 25.093 or Section 51.03(b)(2), Family Code [25.094].
202	202	SECTION 10. Sections 25.0951(a), (b), and (c), Education
203	203	Code, are amended to read as follows:
204	204	(a) If a student fails to attend school without excuse on 10
205	205	or more days or parts of days within a six-month period in the same
206	206	school year, a school district shall within 10 school days of the
207	207	student's 10th absence[:
208	208	[(1) file a complaint against the student or the
209	209	student's parent or both in a county, justice, or municipal court
210	210	for an offense under Section 25.093 or 25.094, as appropriate, or
211	211	refer the student to a juvenile court in a county with a population
212	212	of less than 100,000 for conduct that violates Section 25.094; or
213	213	[(2)] refer the student to a juvenile court for
214	214	conduct indicating a need for supervision under Section
215	215	51.03(b)(2), Family Code.
216	216	(b) If a student fails to attend school without excuse on
217	217	three or more days or parts of days within a four-week period but
218	218	does not fail to attend school for the time described by Subsection
219	219	(a), the school district may[:
220	220	[(1) file a complaint against the student or the
221	221	student's parent or both in a county, justice, or municipal court
222	222	for an offense under Section 25.093 or 25.094, as appropriate, or
223	223	refer the student to a juvenile court in a county with a population
224	224	of less than 100,000 for conduct that violates Section 25.094; or
225	225	[(2)] refer the student to a juvenile court for
226	226	conduct indicating a need for supervision under Section
227	227	51.03(b)(2), Family Code.
228	228	(c) If a student fails to attend school without excuse as
229	229	specified by Subsection (a) or (b), a school district may file a
230	230	complaint against the student's parent in a county, justice, or
231	231	municipal court for an offense under Section 25.093. In this
232	232	subsection [section], "parent" includes a person standing in
233	233	parental relation.
234	234	SECTION 11. Section 25.0952, Education Code, is amended to
235	235	read as follows:
236	236	Sec. 25.0952. PROCEDURES APPLICABLE TO SCHOOL
237	237	ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
238	238	under Section 25.093 [or 25.094], the court shall, except as
239	239	otherwise provided by this chapter, use the procedures and exercise
240	240	the powers authorized by Chapter 45, Code of Criminal Procedure.
241	241	SECTION 12. Section 29.087(d), Education Code, is amended
242	242	to read as follows:
243	243	(d) A student is eligible to participate in a program
244	244	authorized by this section if:
245	245	(1) the student has been ordered by a court under
246	246	Section 54.0492, Family Code [Article 45.054, Code of Criminal
247	247	Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
248	248	Regular Session, 2001], or by the Texas Juvenile Justice Department
249	249	[Youth Commission] to:
250	250	(A) participate in a preparatory class for the
251	251	high school equivalency examination; or
252	252	(B) take the high school equivalency examination
253	253	administered under Section 7.111; or
254	254	(2) the following conditions are satisfied:
255	255	(A) the student is at least 16 years of age at the
256	256	beginning of the school year or semester;
257	257	(B) the student is a student at risk of dropping
258	258	out of school, as defined by Section 29.081;
259	259	(C) the student and the student's parent or
260	260	guardian agree in writing to the student's participation;
261	261	(D) at least two school years have elapsed since
262	262	the student first enrolled in ninth grade and the student has
263	263	accumulated less than one third of the credits required to graduate
264	264	under the minimum graduation requirements of the district or
265	265	school; and
266	266	(E) any other conditions specified by the
267	267	commissioner.
268	268	SECTION 13. Section 51.02(15), Family Code, is amended to
269	269	read as follows:
270	270	(15) "Status offender" means a child who is accused,
271	271	adjudicated, or convicted for conduct that would not, under state
272	272	law, be a crime if committed by an adult, including:
273	273	(A) truancy under Section 51.03(b)(2);
274	274	(B) running away from home under Section
275	275	51.03(b)(3);
276	276	(C) a fineable only offense under Section
277	277	51.03(b)(1) transferred to the juvenile court under Section
278	278	51.08(b), but only if the conduct constituting the offense would
279	279	not have been criminal if engaged in by an adult;
280	280	(D) [failure to attend school under Section
281	281	25.094, Education Code;
282	282	[(E)] a violation of standards of student conduct
283	283	as described by Section 51.03(b)(5);
284	284	(E) [(F)] a violation of a juvenile curfew
285	285	ordinance or order;
286	286	(F) [(G)] a violation of a provision of the
287	287	Alcoholic Beverage Code applicable to minors only; or
288	288	(G) [(H)] a violation of any other fineable only
289	289	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
290	290	conduct constituting the offense would not have been criminal if
291	291	engaged in by an adult.
292	292	SECTION 14. Sections 51.03(b) and (f), Family Code, are
293	293	amended to read as follows:
294	294	(b) Conduct indicating a need for supervision is:
295	295	(1) subject to Subsection (f), conduct, other than a
296	296	traffic offense, that violates:
297	297	(A) the penal laws of this state of the grade of
298	298	misdemeanor that are punishable by fine only; or
299	299	(B) the penal ordinances of any political
300	300	subdivision of this state;
301	301	(2) truancy, which is the absence of a child on 10 or
302	302	more days or parts of days within a six-month period in the same
303	303	school year or on three or more days or parts of days within a
304	304	four-week period from school;
305	305	(3) the voluntary absence of a child from the child's
306	306	home without the consent of the child's parent or guardian for a
307	307	substantial length of time or without intent to return;
308	308	(4) conduct prohibited by city ordinance or by state
309	309	law involving the inhalation of the fumes or vapors of paint and
310	310	other protective coatings or glue and other adhesives and the
311	311	volatile chemicals itemized in Section 485.001, Health and Safety
312	312	Code;
313	313	(5) an act that violates a school district's
314	314	previously communicated written standards of student conduct for
315	315	which the child has been expelled under Section 37.007(c),
316	316	Education Code;
317	317	(6) conduct that violates a reasonable and lawful
318	318	order of a court entered under Section 264.305;
319	319	(7) notwithstanding Subsection (a)(1), conduct
320	320	described by Section 43.02(a)(1) or (2), Penal Code; or
321	321	(8) notwithstanding Subsection (a)(1), conduct that
322	322	violates Section 43.261, Penal Code.
323	323	(f) Conduct [Except as provided by Subsection (g), conduct]
324	324	described under Subsection (b)(1) does not constitute conduct
325	325	indicating a need for supervision unless the child has been
326	326	referred to the juvenile court under Section 51.08(b).
327	327	SECTION 15. Section 51.04, Family Code, is amended by
328	328	amending Subsections (b) and (h) and adding Subsection (j) to read
329	329	as follows:
330	330	(b) In each county, the county's juvenile board shall
331	331	designate one or more district, criminal district, domestic
332	332	relations, juvenile, or county courts or county courts at law as the
333	333	juvenile court, subject to Subsections (c), (d), [and] (i), and
334	334	(j).
335	335	(h) In a county with a population of less than 100,000, the
336	336	juvenile court has concurrent jurisdiction with the justice and
337	337	municipal courts over conduct engaged in by a child that violates
338	338	Section 51.03(b)(2) [25.094, Education Code].
339	339	(j) The following courts are designated as juvenile courts
340	340	for the purpose of making determinations under Section 51.03(b)(2):
341	341	(1) a constitutional county court in a county with a
342	342	population of 1.75 million or more; or
343	343	(2) an appropriate justice or municipal court.
344	344	SECTION 16. Section 54.041(f), Family Code, is amended to
345	345	read as follows:
346	346	(f) If a child is found to have engaged in conduct
347	347	indicating a need for supervision described under Section
348	348	51.03(b)(2) [or (g)], the court may order the child's parents or
349	349	guardians to attend a program described by Section 25.093(f),
350	350	Education Code, if a program is available.
351	351	SECTION 17. Chapter 54, Family Code, is amended by adding
352	352	Section 54.0492 to read as follows:
353	353	Sec. 54.0492. REMEDIES IN TRUANCY CASES. (a) On a finding
354	354	that an individual has engaged in conduct indicating a need for
355	355	supervision under Section 51.03(b)(2), the court may enter an
356	356	order that includes one or more of the following provisions
357	357	requiring that:
358	358	(1) the individual:
359	359	(A) attend school without unexcused absences;
360	360	(B) attend a preparatory class for the high
361	361	school equivalency examination administered under Section 7.111,
362	362	Education Code, if the court determines that the individual is
363	363	unlikely to do well in a formal classroom environment due to the
364	364	individual's age; or
365	365	(C) if the individual is at least 16 years of age,
366	366	take the high school equivalency examination administered under
367	367	Section 7.111, Education Code;
368	368	(2) the individual attend a special program that the
369	369	court determines to be in the best interest of the individual,
370	370	including:
371	371	(A) an alcohol and drug abuse program;
372	372	(B) a rehabilitation program;
373	373	(C) a counseling program, including
374	374	self-improvement counseling;
375	375	(D) a program that provides training in
376	376	self-esteem and leadership;
377	377	(E) a work and job skills training program;
378	378	(F) a program that provides training in
379	379	parenting, including parental responsibility;
380	380	(G) a program that provides training in manners;
381	381	(H) a program that provides training in violence
382	382	avoidance;
383	383	(I) a program that provides sensitivity
384	384	training; or
385	385	(J) a program that provides training in advocacy
386	386	and mentoring;
387	387	(3) the individual and the individual's parent attend
388	388	a class for students at risk of dropping out of school designed for
389	389	both the individual and the individual's parent;
390	390	(4) the individual complete reasonable community
391	391	service requirements; or
392	392	(5) for the number of hours ordered by the court, the
393	393	individual participate in a tutorial program:
394	394	(A) covering the academic subjects in which the
395	395	student is enrolled; and
396	396	(B) provided by the school the individual
397	397	attends.
398	398	(b) An order under Subsection (a) may not require a student
399	399	to attend a juvenile justice alternative education program.
400	400	(c) An order under Subsection (a)(3) that requires the
401	401	parent of an individual to attend a class for students at risk of
402	402	dropping out of school is enforceable by contempt.
403	403	(d) The court shall endorse on the summons issued to the
404	404	parent of the individual who is the subject of the hearing an order
405	405	directing the parent to appear personally at the hearing and
406	406	directing the person having custody of the individual to bring the
407	407	individual to the hearing.
408	408	(e) A parent who fails to attend a hearing under this
409	409	section after receiving notice of a summons under Subsection (d)
410	410	commits an offense. An offense under this subsection is a Class C
411	411	misdemeanor.
412	412	(f) In addition to any other order authorized by this
413	413	section, the court may order the Department of Public Safety to
414	414	suspend the driver's license or permit of the individual who is the
415	415	subject of the hearing or, if the individual does not have a license
416	416	or permit, to deny the issuance of a license or permit to the
417	417	individual for a period specified by the court not to exceed 365
418	418	days.
419	419	(g) A dispositional order under this section is effective
420	420	for the period specified by the court in the order but may not
421	421	extend beyond the 180th day after the date of the order or beyond
422	422	the end of the school year in which the order was entered, whichever
423	423	period is longer.
424	424	(h) In this section, "parent" includes a person standing in
425	425	parental relation.
426	426	(i) A court shall dismiss the petition or complaint against
427	427	an individual if:
428	428	(1) the court finds that the individual has
429	429	successfully complied with the conditions imposed on the individual
430	430	by the court under this section; or
431	431	(2) the individual presents to the court proof that
432	432	the individual has obtained a high school diploma or a high school
433	433	equivalency certificate.
434	434	(j) A county, justice, or municipal court may waive or
435	435	reduce a fee or court cost imposed under this section if the court
436	436	finds that payment of the fee or court cost would cause financial
437	437	hardship.
438	438	SECTION 18. Section 58.106(a), Family Code, is amended to
439	439	read as follows:
440	440	(a) Except as otherwise provided by this section,
441	441	information contained in the juvenile justice information system is
442	442	confidential information for the use of the department and may not
443	443	be disseminated by the department except:
444	444	(1) with the permission of the juvenile offender, to
445	445	military personnel of this state or the United States;
446	446	(2) to a person or entity to which the department may
447	447	grant access to adult criminal history records as provided by
448	448	Section 411.083, Government Code;
449	449	(3) to a juvenile justice agency;
450	450	(4) to the Texas Juvenile Justice Department [Youth
451	451	Commission and the Texas Juvenile Probation Commission] for
452	452	analytical purposes;
453	453	(5) to the office of independent ombudsman of the
454	454	Texas Juvenile Justice Department [Youth Commission]; and
455	455	(6) to a county, justice, or municipal court
456	456	exercising jurisdiction over a juvenile, including a court
457	457	exercising jurisdiction over a juvenile under Section 51.04(j)
458	458	[54.021].
459	459	SECTION 19. Section 26.045(d), Government Code, is amended
460	460	to read as follows:
461	461	(d) A county court in a county with a population of 1.75
462	462	million or more has original jurisdiction over cases alleging a
463	463	violation of Section 25.093 [or 25.094], Education Code.
464	464	SECTION 20. Section 29.003(i), Government Code, is amended
465	465	to read as follows:
466	466	(i) A municipality may enter into an agreement with a
467	467	contiguous municipality or a municipality with boundaries that are
468	468	within one-half mile of the municipality seeking to enter into the
469	469	agreement to establish concurrent jurisdiction of the municipal
470	470	courts in the municipalities and provide original jurisdiction to a
471	471	municipal court in which a case is brought as if the municipal court
472	472	were located in the municipality in which the case arose, for:
473	473	(1) all cases in which either municipality has
474	474	jurisdiction under Subsection (a); and
475	475	(2) cases that arise under Section 821.022, Health and
476	476	Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
477	477	Code].
478	478	SECTION 21. Section 54.1172(a), Government Code, is amended
479	479	to read as follows:
480	480	(a) The county judge may appoint one or more part-time or
481	481	full-time magistrates to hear a matter alleging a violation of
482	482	Section 25.093 [or 25.094], Education Code, or 51.03(b)(2), Family
483	483	Code.
484	484	SECTION 22. Section 54.1952(a), Government Code, is amended
485	485	to read as follows:
486	486	(a) The county judge may appoint one or more part-time or
487	487	full-time magistrates to hear a matter alleging a violation of
488	488	Section 25.093 [or 25.094], Education Code, or a truancy case under
489	489	Section 51.03(b)(2), Family Code, referred to the magistrate by a
490	490	court having jurisdiction over the matter.
491	491	SECTION 23. Section 54.1955, Government Code, is amended to
492	492	read as follows:
493	493	Sec. 54.1955. POWERS. (a) Except as limited by an order of
494	494	the county judge, a magistrate appointed under this subchapter may:
495	495	(1) conduct hearings;
496	496	(2) hear evidence;
497	497	(3) issue summons for the appearance of witnesses;
498	498	(4) examine witnesses;
499	499	(5) swear witnesses for hearings;
500	500	(6) recommend rulings or orders or a judgment in a
501	501	case;
502	502	(7) regulate proceedings in a hearing;
503	503	(8) accept a plea of guilty or nolo contendere in a
504	504	case alleging a violation of Section 25.093 [or 25.094], Education
505	505	Code, and assess a fine or court costs or order community service in
506	506	satisfaction of a fine or costs in accordance with Article 45.049,
507	507	Code of Criminal Procedure;
508	508	(9) for a violation of Section 25.093, Education Code,
509	509	enter an order suspending a sentence or deferring a final
510	510	disposition that includes at least one of the requirements listed
511	511	in Article 45.051, Code of Criminal Procedure;
512	512	(10) for an uncontested adjudication of conduct
513	513	indicating a need for supervision under Section 51.03(b)(2), Family
514	514	Code, accept a plea to the petition or a stipulation of evidence,
515	515	and enter a disposition, defer adjudication, or take any other
516	516	action authorized under Chapter 54, Family Code; and
517	517	(11) perform any act and take any measure necessary
518	518	and proper for the efficient performance of the duties required by
519	519	the referral order, including the entry of an order that includes at
520	520	least one of the requirements in Section 54.0492, Family Code
521	521	[Article 45.054, Code of Criminal Procedure; and
522	522	[(11) if the magistrate finds that a child as defined
523	523	by Article 45.058, Code of Criminal Procedure, has violated an
524	524	order under Article 45.054, Code of Criminal Procedure, proceed as
525	525	authorized by Article 45.050, Code of Criminal Procedure].
526	526	(b) With respect to an issue of law or fact the ruling on
527	527	which could result in the dismissal of a prosecution under Section
528	528	25.093 [or 25.094], Education Code, or a truancy case under Section
529	529	51.03(b)(2), Family Code, a magistrate may not rule on the issue but
530	530	may make findings, conclusions, and recommendations on the issue.
531	531	SECTION 24. Section 54.1956, Government Code, is amended to
532	532	read as follows:
533	533	Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
534	534	CONDUCT. (a) On entry of a not guilty plea for a violation of
535	535	Section 25.093, Education Code, the magistrate shall refer the case
536	536	back to the referring court for all further pretrial proceedings
537	537	and a full trial on the merits before the court or a jury.
538	538	(b) On denial by a child of conduct described by Section
539	539	51.03(b)(2), Family Code, the magistrate shall refer the case to
540	540	the appropriate juvenile court for adjudication.
541	541	SECTION 25. Section 71.0352, Government Code, is amended to
542	542	read as follows:
543	543	Sec. 71.0352. JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL, AND
544	544	JUVENILE COURTS. As a component of the official monthly report
545	545	submitted to the Office of Court Administration of the Texas
546	546	Judicial System:
547	547	(1) justice and municipal courts shall report the
548	548	number of cases filed for [the following offenses]:
549	549	(A) conduct indicating a need for supervision
550	550	under Section 51.03(b)(2), Family Code [failure to attend school
551	551	under Section 25.094, Education Code];
552	552	(B) parent contributing to nonattendance under
553	553	Section 25.093, Education Code; and
554	554	(C) violation of a local daytime curfew ordinance
555	555	adopted under Section 341.905 or 351.903, Local Government Code;
556	556	and
557	557	(2) in cases in which a child fails to obey an order of
558	558	a justice or municipal court under circumstances that would
559	559	constitute contempt of court, the justice or municipal court shall
560	560	report the number of incidents in which the child is:
561	561	(A) referred to the appropriate juvenile court
562	562	for delinquent conduct as provided by Article 45.050(c)(1), Code of
563	563	Criminal Procedure, and Section 51.03(a)(2), Family Code; or
564	564	(B) held in contempt, fined, or denied driving
565	565	privileges as provided by Article 45.050(c)(2), Code of Criminal
566	566	Procedure.
567	567	SECTION 26. Section 102.021, Government Code, is amended to
568	568	read as follows:
569	569	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
570	570	PROCEDURE. A person convicted of an offense shall pay the
571	571	following under the Code of Criminal Procedure, in addition to all
572	572	other costs:
573	573	(1) court cost on conviction of any offense, other
574	574	than a conviction of an offense relating to a pedestrian or the
575	575	parking of a motor vehicle (Art. 102.0045, Code of Criminal
576	576	Procedure) . . . $4;
577	577	(2) a fee for services of prosecutor (Art. 102.008,
578	578	Code of Criminal Procedure) . . . $25;
579	579	(3) fees for services of peace officer:
580	580	(A) issuing a written notice to appear in court
581	581	for certain violations (Art. 102.011, Code of Criminal Procedure)
582	582	. . . $5;
583	583	(B) executing or processing an issued arrest
584	584	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
585	585	Procedure) . . . $50;
586	586	(C) summoning a witness (Art. 102.011, Code of
587	587	Criminal Procedure) . . . $5;
588	588	(D) serving a writ not otherwise listed (Art.
589	589	102.011, Code of Criminal Procedure) . . . $35;
590	590	(E) taking and approving a bond and, if
591	591	necessary, returning the bond to courthouse (Art. 102.011, Code of
592	592	Criminal Procedure) . . . $10;
593	593	(F) commitment or release (Art. 102.011, Code of
594	594	Criminal Procedure) . . . $5;
595	595	(G) summoning a jury (Art. 102.011, Code of
596	596	Criminal Procedure) . . . $5;
597	597	(H) attendance of a prisoner in habeas corpus
598	598	case if prisoner has been remanded to custody or held to bail (Art.
599	599	102.011, Code of Criminal Procedure) . . . $8 each day;
600	600	(I) mileage for certain services performed (Art.
601	601	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
602	602	(J) services of a sheriff or constable who serves
603	603	process and attends examining trial in certain cases (Art. 102.011,
604	604	Code of Criminal Procedure) . . . not to exceed $5;
605	605	(4) services of a peace officer in conveying a witness
606	606	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
607	607	$10 per day or part of a day, plus actual necessary travel expenses;
608	608	(5) overtime of peace officer for time spent
609	609	testifying in the trial or traveling to or from testifying in the
610	610	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
611	611	(6) court costs on an offense relating to rules of the
612	612	road, when offense occurs within a school crossing zone (Art.
613	613	102.014, Code of Criminal Procedure) . . . $25;
614	614	(7) court costs on an offense of passing a school bus
615	615	(Art. 102.014, Code of Criminal Procedure) . . . $25;
616	616	(8) court costs on an offense of parent contributing
617	617	to student nonattendance [truancy or contributing to truancy] (Art.
618	618	102.014, Code of Criminal Procedure) . . . $20;
619	619	(9) cost for visual recording of intoxication arrest
620	620	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
621	621	$15;
622	622	(10) cost of certain evaluations (Art. 102.018, Code
623	623	of Criminal Procedure) . . . actual cost;
624	624	(11) additional costs attendant to certain
625	625	intoxication convictions under Chapter 49, Penal Code, for
626	626	emergency medical services, trauma facilities, and trauma care
627	627	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
628	628	(12) additional costs attendant to certain child
629	629	sexual assault and related convictions, for child abuse prevention
630	630	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
631	631	(13) court cost for DNA testing for certain felonies
632	632	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
633	633	(14) court cost for DNA testing for the offense of
634	634	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
635	635	Criminal Procedure) . . . $50;
636	636	(15) court cost for DNA testing for certain felonies
637	637	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
638	638	(16) if required by the court, a restitution fee for
639	639	costs incurred in collecting restitution installments and for the
640	640	compensation to victims of crime fund (Art. 42.037, Code of
641	641	Criminal Procedure) . . . $12;
642	642	(17) if directed by the justice of the peace or
643	643	municipal court judge hearing the case, court costs on conviction
644	644	in a criminal action (Art. 45.041, Code of Criminal Procedure)
645	645	. . . part or all of the costs as directed by the judge; and
646	646	(18) costs attendant to convictions under Chapter 49,
647	647	Penal Code, and under Chapter 481, Health and Safety Code, to help
648	648	fund drug court programs established under Chapter 122, 123, 124,
649	649	or 125, Government Code, or former law (Art. 102.0178, Code of
650	650	Criminal Procedure) . . . $60.
651	651	SECTION 27. Section 103.021, Government Code, is amended to
652	652	read as follows:
653	653	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
654	654	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
655	655	defendant, or a party to a civil suit, as applicable, shall pay the
656	656	following fees and costs under the Code of Criminal Procedure if
657	657	ordered by the court or otherwise required:
658	658	(1) a personal bond fee (Art. 17.42, Code of Criminal
659	659	Procedure) . . . the greater of $20 or three percent of the amount
660	660	of the bail fixed for the accused;
661	661	(2) cost of electronic monitoring as a condition of
662	662	release on personal bond (Art. 17.43, Code of Criminal Procedure)
663	663	. . . actual cost;
664	664	(3) a fee for verification of and monitoring of motor
665	665	vehicle ignition interlock (Art. 17.441, Code of Criminal
666	666	Procedure) . . . not to exceed $10;
667	667	(3-a) costs associated with operating a global
668	668	positioning monitoring system as a condition of release on bond
669	669	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
670	670	subject to a determination of indigency;
671	671	(3-b) costs associated with providing a defendant's
672	672	victim with an electronic receptor device as a condition of the
673	673	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
674	674	Procedure) . . . actual costs, subject to a determination of
675	675	indigency;
676	676	(4) repayment of reward paid by a crime stoppers
677	677	organization on conviction of a felony (Art. 37.073, Code of
678	678	Criminal Procedure) . . . amount ordered;
679	679	(5) reimbursement to general revenue fund for payments
680	680	made to victim of an offense as condition of community supervision
681	681	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
682	682	a misdemeanor offense or $100 for a felony offense;
683	683	(6) payment to a crime stoppers organization as
684	684	condition of community supervision (Art. 42.12, Code of Criminal
685	685	Procedure) . . . not to exceed $50;
686	686	(7) children's advocacy center fee (Art. 42.12, Code
687	687	of Criminal Procedure) . . . not to exceed $50;
688	688	(8) family violence center fee (Art. 42.12, Code of
689	689	Criminal Procedure) . . . $100;
690	690	(9) community supervision fee (Art. 42.12, Code of
691	691	Criminal Procedure) . . . not less than $25 or more than $60 per
692	692	month;
693	693	(10) additional community supervision fee for certain
694	694	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
695	695	month;
696	696	(11) for certain financially able sex offenders as a
697	697	condition of community supervision, the costs of treatment,
698	698	specialized supervision, or rehabilitation (Art. 42.12, Code of
699	699	Criminal Procedure) . . . all or part of the reasonable and
700	700	necessary costs of the treatment, supervision, or rehabilitation as
701	701	determined by the judge;
702	702	(12) fee for failure to appear for trial in a justice
703	703	or municipal court if a jury trial is not waived (Art. 45.026, Code
704	704	of Criminal Procedure) . . . costs incurred for impaneling the
705	705	jury;
706	706	(13) costs of certain testing, assessments, or
707	707	programs during a deferral period (Art. 45.051, Code of Criminal
708	708	Procedure) . . . amount ordered;
709	709	(14) special expense on dismissal of certain
710	710	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
711	711	. . . not to exceed amount of fine assessed;
712	712	(15) an additional fee:
713	713	(A) for a copy of the defendant's driving record
714	714	to be requested from the Department of Public Safety by the judge
715	715	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
716	716	to the sum of the fee established by Section 521.048,
717	717	Transportation Code, and the state electronic Internet portal fee;
718	718	(B) as an administrative fee for requesting a
719	719	driving safety course or a course under the motorcycle operator
720	720	training and safety program for certain traffic offenses to cover
721	721	the cost of administering the article (Art. 45.0511(f)(1), Code of
722	722	Criminal Procedure) . . . not to exceed $10; or
723	723	(C) for requesting a driving safety course or a
724	724	course under the motorcycle operator training and safety program
725	725	before the final disposition of the case (Art. 45.0511(f)(2), Code
726	726	of Criminal Procedure) . . . not to exceed the maximum amount of the
727	727	fine for the offense committed by the defendant;
728	728	(16) a request fee for teen court program (Art.
729	729	45.052, Code of Criminal Procedure) . . . $20, if the court
730	730	ordering the fee is located in the Texas-Louisiana border region,
731	731	but otherwise not to exceed $10;
732	732	(17) a fee to cover costs of required duties of teen
733	733	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
734	734	court ordering the fee is located in the Texas-Louisiana border
735	735	region, but otherwise $10;
736	736	(18) a mileage fee for officer performing certain
737	737	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
738	738	mile;
739	739	(19) certified mailing of notice of hearing date (Art.
740	740	102.006, Code of Criminal Procedure) . . . $1, plus postage;
741	741	(20) certified mailing of certified copies of an order
742	742	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
743	743	plus postage;
744	744	(20-a) a fee to defray the cost of notifying state
745	745	agencies of orders of expungement (Art. 45.0216, Code of Criminal
746	746	Procedure) . . . $30 per application;
747	747	[(20-b) a fee to defray the cost of notifying state
748	748	agencies of orders of expunction (Art. 45.055, Code of Criminal
749	749	Procedure) . . . $30 per application;]
750	750	(21) sight orders:
751	751	(A) if the face amount of the check or sight order
752	752	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
753	753	. . . not to exceed $10;
754	754	(B) if the face amount of the check or sight order
755	755	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
756	756	Criminal Procedure) . . . not to exceed $15;
757	757	(C) if the face amount of the check or sight order
758	758	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
759	759	Criminal Procedure) . . . not to exceed $30;
760	760	(D) if the face amount of the check or sight order
761	761	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
762	762	Criminal Procedure) . . . not to exceed $50; and
763	763	(E) if the face amount of the check or sight order
764	764	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
765	765	. . . not to exceed $75;
766	766	(22) fees for a pretrial intervention program:
767	767	(A) a supervision fee (Art. 102.012(a), Code of
768	768	Criminal Procedure) . . . $60 a month plus expenses; and
769	769	(B) a district attorney, criminal district
770	770	attorney, or county attorney administrative fee (Art. 102.0121,
771	771	Code of Criminal Procedure) . . . not to exceed $500;
772	772	(23) parking fee violations for child safety fund in
773	773	municipalities with populations:
774	774	(A) greater than 850,000 (Art. 102.014, Code of
775	775	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
776	776	(B) less than 850,000 (Art. 102.014, Code of
777	777	Criminal Procedure) . . . not to exceed $5;
778	778	(24) an administrative fee for collection of fines,
779	779	fees, restitution, or other costs (Art. 102.072, Code of Criminal
780	780	Procedure) . . . not to exceed $2 for each transaction; and
781	781	(25) a collection fee, if authorized by the
782	782	commissioners court of a county or the governing body of a
783	783	municipality, for certain debts and accounts receivable, including
784	784	unpaid fines, fees, court costs, forfeited bonds, and restitution
785	785	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
786	786	percent of an amount more than 60 days past due.
787	787	SECTION 28. The following laws are repealed:
788	788	(1) Articles 45.054 and 45.055, Code of Criminal
789	789	Procedure;
790	790	(2) Section 25.094, Education Code; and
791	791	(3) Sections 51.03(g), 51.08(e), and 54.021, Family
792	792	Code.
793	793	SECTION 29. The changes in law made by this Act apply only
794	794	to an offense committed or conduct that occurs on or after the
795	795	effective date of this Act. An offense committed or conduct that
796	796	occurs before the effective date of this Act is governed by the law
797	797	in effect on the date the offense was committed or the conduct
798	798	occurred, and the former law is continued in effect for that
799	799	purpose. For purposes of this section, an offense is committed or
800	800	conduct occurs before the effective date of this Act if any element
801	801	of the offense or conduct occurs before the effective date.
802	802	SECTION 30. To the extent of any conflict, this Act prevails
803	803	over another Act of the 84th Legislature, Regular Session, 2015,
804	804	relating to nonsubstantive additions to and corrections in enacted
805	805	codes.
806	806	SECTION 31. This Act takes effect September 1, 2015.