1 | 1 | | 84R259 ADM-D |
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2 | 2 | | By: Wu H.B. No. 297 |
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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 the establishment of progressive sanctions for students |
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8 | 8 | | who fail to attend school and to the repeal of the offenses of |
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9 | 9 | | failure to attend school and parent contributing to nonattendance. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Article 4.14(g), Code of Criminal Procedure, is |
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12 | 12 | | amended to read as follows: |
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13 | 13 | | (g) A municipality may enter into an agreement with a |
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14 | 14 | | contiguous municipality or a municipality with boundaries that are |
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15 | 15 | | within one-half mile of the municipality seeking to enter into the |
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16 | 16 | | agreement to establish concurrent jurisdiction of the municipal |
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17 | 17 | | courts in the municipalities and provide original jurisdiction to a |
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18 | 18 | | municipal court in which a case is brought as if the municipal court |
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19 | 19 | | were located in the municipality in which the case arose, for: |
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20 | 20 | | (1) all cases in which either municipality has |
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21 | 21 | | jurisdiction under Subsection (a); and |
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22 | 22 | | (2) cases that arise under Section 821.022, Health and |
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23 | 23 | | Safety Code[, or Section 25.094, Education Code]. |
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24 | 24 | | SECTION 2. Article 45.0216(g), Code of Criminal Procedure, |
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25 | 25 | | is amended to read as follows: |
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26 | 26 | | (g) This article does not apply to any offense otherwise |
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27 | 27 | | covered by: |
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28 | 28 | | (1) Chapter 106, Alcoholic Beverage Code; or |
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29 | 29 | | (2) Chapter 161, Health and Safety Code[; or |
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30 | 30 | | [(3) Section 25.094, Education Code]. |
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31 | 31 | | SECTION 3. Article 45.056(k), Code of Criminal Procedure, |
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32 | 32 | | is amended to read as follows: |
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33 | 33 | | (k) Subsections (i) and (j) do not apply to[: |
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34 | 34 | | [(1)] a part-time judge[; or |
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35 | 35 | | [(2) a county judge of a county court that has one or |
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36 | 36 | | more appointed full-time magistrates under Section 54.1172, |
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37 | 37 | | Government Code]. |
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38 | 38 | | SECTION 4. Section 25.085(f), Education Code, is amended to |
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39 | 39 | | read as follows: |
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40 | 40 | | (f) The board of trustees of a school district may adopt a |
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41 | 41 | | policy requiring a person described by Subsection (e) who is under |
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42 | 42 | | 21 years of age to attend school until the end of the school |
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43 | 43 | | year. Section [25.094 applies to a person subject to a policy |
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44 | 44 | | adopted under this subsection. Sections 25.093 and] 25.095 does |
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45 | 45 | | [do] not apply to the parent of a person subject to a policy adopted |
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46 | 46 | | under this subsection. |
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47 | 47 | | SECTION 5. Sections 25.091(a) and (b), Education Code, are |
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48 | 48 | | amended to read as follows: |
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49 | 49 | | (a) A peace officer serving as an attendance officer has the |
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50 | 50 | | following powers and duties concerning enforcement of compulsory |
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51 | 51 | | school attendance requirements: |
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52 | 52 | | (1) to investigate each case of a violation of |
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53 | 53 | | compulsory school attendance requirements referred to the peace |
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54 | 54 | | officer; |
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55 | 55 | | (2) to enforce compulsory school attendance |
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56 | 56 | | requirements by: |
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57 | 57 | | (A) applying truancy prevention measures adopted |
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58 | 58 | | under Section 25.0915 and progressive sanctions under Section |
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59 | 59 | | 29.0945 to the student; and |
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60 | 60 | | (B) if the truancy prevention measures and |
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61 | 61 | | progressive sanctions fail to meaningfully address the student's |
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62 | 62 | | conduct, [: |
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63 | 63 | | [(i)] referring the student to a juvenile |
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64 | 64 | | court [or filing a complaint against the student in a county, |
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65 | 65 | | justice, or municipal court] if the student has unexcused absences |
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66 | 66 | | for the amount of time specified [under Section 25.094 or] under |
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67 | 67 | | Section 51.03(b)(2), Family Code; [or |
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68 | 68 | | [(ii) filing a complaint in a county, |
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69 | 69 | | justice, or municipal court against a parent who violates Section |
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70 | 70 | | 25.093;] |
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71 | 71 | | (3) to serve court-ordered legal process; |
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72 | 72 | | (4) to review school attendance records for compliance |
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73 | 73 | | by each student investigated by the officer; |
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74 | 74 | | (5) to maintain an investigative record on each |
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75 | 75 | | compulsory school attendance requirement violation and related |
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76 | 76 | | court action and, at the request of a court, the board of trustees |
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77 | 77 | | of a school district, or the commissioner, to provide a record to |
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78 | 78 | | the individual or entity requesting the record; |
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79 | 79 | | (6) to make a home visit or otherwise contact the |
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80 | 80 | | parent of a student who is in violation of compulsory school |
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81 | 81 | | attendance requirements, except that a peace officer may not enter |
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82 | 82 | | a residence without the permission of the parent of a student |
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83 | 83 | | required under this subchapter to attend school or of the tenant or |
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84 | 84 | | owner of the residence [except to lawfully serve court-ordered |
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85 | 85 | | legal process on the parent]; and |
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86 | 86 | | (7) to take a student into custody with the permission |
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87 | 87 | | of the student's parent or in obedience to a court-ordered legal |
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88 | 88 | | process. |
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89 | 89 | | (b) An attendance officer employed by a school district who |
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90 | 90 | | is not commissioned as a peace officer has the following powers and |
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91 | 91 | | duties with respect to enforcement of compulsory school attendance |
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92 | 92 | | requirements: |
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93 | 93 | | (1) to investigate each case of a violation of the |
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94 | 94 | | compulsory school attendance requirements referred to the |
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95 | 95 | | attendance officer; |
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96 | 96 | | (2) to enforce compulsory school attendance |
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97 | 97 | | requirements by: |
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98 | 98 | | (A) applying truancy prevention measures adopted |
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99 | 99 | | under Section 25.0915 and progressive sanctions under Section |
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100 | 100 | | 25.0945 to the student; and |
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101 | 101 | | (B) if the truancy prevention measures and |
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102 | 102 | | progressive sanctions fail to meaningfully address the student's |
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103 | 103 | | conduct, [: |
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104 | 104 | | [(i)] referring the student to a juvenile |
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105 | 105 | | court [or filing a complaint against the student in a county, |
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106 | 106 | | justice, or municipal court] if the student has unexcused absences |
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107 | 107 | | for the amount of time specified [under Section 25.094 or] under |
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108 | 108 | | Section 51.03(b)(2), Family Code; [and |
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109 | 109 | | [(ii) filing a complaint in a county, |
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110 | 110 | | justice, or municipal court against a parent who violates Section |
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111 | 111 | | 25.093;] |
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112 | 112 | | (3) to monitor school attendance compliance by each |
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113 | 113 | | student investigated by the officer; |
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114 | 114 | | (4) to maintain an investigative record on each |
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115 | 115 | | compulsory school attendance requirement violation and related |
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116 | 116 | | court action and, at the request of a court, the board of trustees |
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117 | 117 | | of a school district, or the commissioner, to provide a record to |
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118 | 118 | | the individual or entity requesting the record; |
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119 | 119 | | (5) to make a home visit or otherwise contact the |
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120 | 120 | | parent of a student who is in violation of compulsory school |
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121 | 121 | | attendance requirements, except that the attendance officer may not |
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122 | 122 | | enter a residence without permission of the parent or of the owner |
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123 | 123 | | or tenant of the residence; |
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124 | 124 | | (6) at the request of a parent, to escort a student |
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125 | 125 | | from any location to a school campus to ensure the student's |
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126 | 126 | | compliance with compulsory school attendance requirements; and |
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127 | 127 | | (7) if the attendance officer has or is informed of a |
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128 | 128 | | court-ordered legal process directing that a student be taken into |
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129 | 129 | | custody and the school district employing the officer does not |
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130 | 130 | | employ its own police department, to contact the sheriff, |
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131 | 131 | | constable, or any peace officer to request that the student be taken |
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132 | 132 | | into custody and processed according to the legal process. |
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133 | 133 | | SECTION 6. Section 25.0915, Education Code, is amended to |
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134 | 134 | | read as follows: |
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135 | 135 | | Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL [AND |
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136 | 136 | | FILING] REQUIREMENT. (a) A school district shall adopt truancy |
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137 | 137 | | prevention measures designed to: |
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138 | 138 | | (1) address student conduct related to truancy in the |
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139 | 139 | | school setting; and |
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140 | 140 | | (2) minimize the need for referrals to juvenile court |
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141 | 141 | | for conduct described by Section 51.03(b)(2), Family Code[; and |
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142 | 142 | | [(3) minimize the filing of complaints in county, |
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143 | 143 | | justice, and municipal courts alleging a violation of Section |
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144 | 144 | | 25.094]. |
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145 | 145 | | (b) Each referral to juvenile court for conduct described by |
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146 | 146 | | Section 51.03(b)(2), Family Code, [or complaint filed in county, |
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147 | 147 | | justice, or municipal court alleging a violation by a student of |
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148 | 148 | | Section 25.094] must: |
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149 | 149 | | (1) be accompanied by a statement from the student's |
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150 | 150 | | school certifying that: |
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151 | 151 | | (A) the school applied the truancy prevention |
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152 | 152 | | measures adopted under Subsection (a) and progressive sanctions |
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153 | 153 | | under Section 25.0945 to the student; and |
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154 | 154 | | (B) the truancy prevention measures and |
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155 | 155 | | progressive sanctions failed to meaningfully address the student's |
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156 | 156 | | school attendance; and |
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157 | 157 | | (2) specify whether the student is eligible for or |
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158 | 158 | | receives special education services under Subchapter A, Chapter 29. |
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159 | 159 | | (c) A court shall dismiss a [complaint or] referral made by |
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160 | 160 | | a school district under this section that is not made in compliance |
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161 | 161 | | with Subsection (b). |
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162 | 162 | | SECTION 7. Subchapter C, Chapter 25, Education Code, is |
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163 | 163 | | amended by adding Section 25.0945 to read as follows: |
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164 | 164 | | Sec. 25.0945. PROGRESSIVE SANCTIONS FOR FAILURE TO ATTEND |
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165 | 165 | | SCHOOL. (a) Before referring a student to a juvenile court for |
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166 | 166 | | conduct indicating a need for supervision under Section |
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167 | 167 | | 51.03(b)(2), Family Code, a school district or open-enrollment |
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168 | 168 | | charter school employee shall impose progressive sanctions on the |
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169 | 169 | | student. Under the progressive sanctions, the employee may: |
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170 | 170 | | (1) issue a warning letter to the student and the |
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171 | 171 | | student's parent or guardian that states the number of absences of |
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172 | 172 | | the student and explains the consequences if the student has |
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173 | 173 | | additional absences; |
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174 | 174 | | (2) impose: |
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175 | 175 | | (A) a behavior contract on the student that must |
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176 | 176 | | be signed by the student, the student's parent or guardian, and an |
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177 | 177 | | employee of the school and that includes: |
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178 | 178 | | (i) a specific description of the behavior |
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179 | 179 | | that is required or prohibited for the student; |
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180 | 180 | | (ii) the period for which the contract will |
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181 | 181 | | be effective, not to exceed 45 school days after the date the |
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182 | 182 | | contract becomes effective; and |
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183 | 183 | | (iii) the penalties for additional |
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184 | 184 | | absences, including additional disciplinary action or the referral |
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185 | 185 | | of the student to a juvenile court; and |
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186 | 186 | | (B) school-based community service; or |
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187 | 187 | | (3) refer the student to counseling, community-based |
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188 | 188 | | services, or other in-school or out-of-school services aimed at |
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189 | 189 | | addressing the student's truancy. |
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190 | 190 | | (b) A referral made under Subsection (a)(3) may include |
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191 | 191 | | participation by the child's parent or guardian if necessary. |
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192 | 192 | | (c) If the student fails to comply with or complete the |
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193 | 193 | | progressive sanctions under this section, the school district or |
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194 | 194 | | open-enrollment charter school shall refer the student to a |
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195 | 195 | | juvenile court for conduct indicating a need for supervision under |
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196 | 196 | | Section 51.03(b)(2), Family Code. |
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197 | 197 | | SECTION 8. Sections 25.095(a) and (b), Education Code, are |
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198 | 198 | | amended to read as follows: |
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199 | 199 | | (a) A school district or open-enrollment charter school |
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200 | 200 | | shall notify a student's parent in writing at the beginning of the |
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201 | 201 | | school year that if the student is absent from school on 10 or more |
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202 | 202 | | days or parts of days within a six-month period in the same school |
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203 | 203 | | year or on three or more days or parts of days within a four-week |
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204 | 204 | | period[: |
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205 | 205 | | [(1) the student's parent is subject to prosecution |
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206 | 206 | | under Section 25.093; and |
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207 | 207 | | [(2)] the student is subject to progressive sanctions |
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208 | 208 | | under Section 25.0945 and possible [prosecution under Section |
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209 | 209 | | 25.094 or to] referral to a juvenile court [in a county with a |
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210 | 210 | | population of less than 100,000 for conduct that violates that |
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211 | 211 | | section]. |
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212 | 212 | | (b) A school district shall notify a student's parent if the |
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213 | 213 | | student has been absent from school, without excuse under Section |
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214 | 214 | | 25.087, on three days or parts of days within a four-week period. |
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215 | 215 | | The notice must: |
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216 | 216 | | (1) inform the parent that[: |
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217 | 217 | | [(A)] it is the parent's duty to monitor the |
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218 | 218 | | student's school attendance and require the student to attend |
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219 | 219 | | school; and |
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220 | 220 | | [(B) the parent is subject to prosecution under |
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221 | 221 | | Section 25.093; and] |
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222 | 222 | | (2) request a conference between school officials and |
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223 | 223 | | the parent to discuss the absences. |
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224 | 224 | | SECTION 9. Section 29.087(d), Education Code, is amended to |
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225 | 225 | | read as follows: |
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226 | 226 | | (d) A student is eligible to participate in a program |
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227 | 227 | | authorized by this section if: |
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228 | 228 | | (1) the student has been ordered by [a court under |
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229 | 229 | | Article 45.054, Code of Criminal Procedure, as added by Chapter |
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230 | 230 | | 1514, Acts of the 77th Legislature, Regular Session, 2001, or by] |
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231 | 231 | | the Texas Juvenile Justice Department [Youth Commission] to: |
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232 | 232 | | (A) participate in a preparatory class for the |
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233 | 233 | | high school equivalency examination; or |
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234 | 234 | | (B) take the high school equivalency examination |
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235 | 235 | | administered under Section 7.111; or |
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236 | 236 | | (2) the following conditions are satisfied: |
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237 | 237 | | (A) the student is at least 16 years of age at the |
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238 | 238 | | beginning of the school year or semester; |
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239 | 239 | | (B) the student is a student at risk of dropping |
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240 | 240 | | out of school, as defined by Section 29.081; |
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241 | 241 | | (C) the student and the student's parent or |
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242 | 242 | | guardian agree in writing to the student's participation; |
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243 | 243 | | (D) at least two school years have elapsed since |
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244 | 244 | | the student first enrolled in ninth grade and the student has |
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245 | 245 | | accumulated less than one third of the credits required to graduate |
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246 | 246 | | under the minimum graduation requirements of the district or |
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247 | 247 | | school; and |
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248 | 248 | | (E) any other conditions specified by the |
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249 | 249 | | commissioner. |
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250 | 250 | | SECTION 10. Section 51.02(15), Family Code, is amended to |
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251 | 251 | | read as follows: |
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252 | 252 | | (15) "Status offender" means a child who is accused, |
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253 | 253 | | adjudicated, or convicted for conduct that would not, under state |
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254 | 254 | | law, be a crime if committed by an adult, including: |
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255 | 255 | | (A) truancy under Section 51.03(b)(2); |
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256 | 256 | | (B) running away from home under Section |
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257 | 257 | | 51.03(b)(3); |
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258 | 258 | | (C) a fineable only offense under Section |
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259 | 259 | | 51.03(b)(1) transferred to the juvenile court under Section |
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260 | 260 | | 51.08(b), but only if the conduct constituting the offense would |
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261 | 261 | | not have been criminal if engaged in by an adult; |
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262 | 262 | | (D) [failure to attend school under Section |
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263 | 263 | | 25.094, Education Code; |
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264 | 264 | | [(E)] a violation of standards of student conduct |
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265 | 265 | | as described by Section 51.03(b)(5); |
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266 | 266 | | (E) [(F)] a violation of a juvenile curfew |
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267 | 267 | | ordinance or order; |
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268 | 268 | | (F) [(G)] a violation of a provision of the |
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269 | 269 | | Alcoholic Beverage Code applicable to minors only; or |
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270 | 270 | | (G) [(H)] a violation of any other fineable only |
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271 | 271 | | offense under Section 8.07(a)(4) or (5), Penal Code, but only if the |
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272 | 272 | | conduct constituting the offense would not have been criminal if |
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273 | 273 | | engaged in by an adult. |
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274 | 274 | | SECTION 11. Section 51.04(a), Family Code, is amended to |
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275 | 275 | | read as follows: |
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276 | 276 | | (a) This title covers the proceedings in all cases involving |
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277 | 277 | | the delinquent conduct or conduct indicating a need for supervision |
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278 | 278 | | engaged in by a person who was a child within the meaning of this |
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279 | 279 | | title at the time the person engaged in the conduct, and[, except as |
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280 | 280 | | provided by Subsection (h),] the juvenile court has exclusive |
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281 | 281 | | original jurisdiction over proceedings under this title. |
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282 | 282 | | SECTION 12. Section 54.041(f), Family Code, is amended to |
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283 | 283 | | read as follows: |
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284 | 284 | | (f) If a child is found to have engaged in conduct |
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285 | 285 | | indicating a need for supervision described under Section |
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286 | 286 | | 51.03(b)(2) [or (g)], the court may order the child's parents or |
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287 | 287 | | guardians to attend a program for parents of students with |
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288 | 288 | | unexcused absences that provides instruction designed to assist |
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289 | 289 | | those parents in identifying problems that contribute to the |
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290 | 290 | | students' unexcused absences and in developing strategies for |
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291 | 291 | | resolving those problems [described by Section 25.093(f), |
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292 | 292 | | Education Code], if a program is available. |
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293 | 293 | | SECTION 13. Section 58.106(a), Family Code, is amended to |
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294 | 294 | | read as follows: |
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295 | 295 | | (a) Except as otherwise provided by this section, |
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296 | 296 | | information contained in the juvenile justice information system is |
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297 | 297 | | confidential information for the use of the department and may not |
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298 | 298 | | be disseminated by the department except: |
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299 | 299 | | (1) with the permission of the juvenile offender, to |
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300 | 300 | | military personnel of this state or the United States; |
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301 | 301 | | (2) to a person or entity to which the department may |
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302 | 302 | | grant access to adult criminal history records as provided by |
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303 | 303 | | Section 411.083, Government Code; |
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304 | 304 | | (3) to a juvenile justice agency; |
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305 | 305 | | (4) to the Texas Juvenile Justice Department [Youth |
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306 | 306 | | Commission and the Texas Juvenile Probation Commission] for |
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307 | 307 | | analytical purposes; |
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308 | 308 | | (5) to the office of independent ombudsman of the |
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309 | 309 | | Texas Juvenile Justice Department [Youth Commission]; and |
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310 | 310 | | (6) to a county, justice, or municipal court |
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311 | 311 | | exercising jurisdiction over a juvenile[, including a court |
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312 | 312 | | exercising jurisdiction over a juvenile under Section 54.021]. |
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313 | 313 | | SECTION 14. Sections 26.045(c) and (e), Government Code, |
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314 | 314 | | are amended to read as follows: |
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315 | 315 | | (c) Except as provided by Subsection [Subsections (d) and] |
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316 | 316 | | (f), a county court that is in a county with a criminal district |
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317 | 317 | | court does not have any criminal jurisdiction. |
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318 | 318 | | (e) Subsection [Subsections] (c) does [and (d) do] not |
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319 | 319 | | affect the jurisdiction of a statutory county court. |
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320 | 320 | | SECTION 15. Section 29.003(i), Government Code, is amended |
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321 | 321 | | to read as follows: |
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322 | 322 | | (i) A municipality may enter into an agreement with a |
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323 | 323 | | contiguous municipality or a municipality with boundaries that are |
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324 | 324 | | within one-half mile of the municipality seeking to enter into the |
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325 | 325 | | agreement to establish concurrent jurisdiction of the municipal |
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326 | 326 | | courts in the municipalities and provide original jurisdiction to a |
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327 | 327 | | municipal court in which a case is brought as if the municipal court |
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328 | 328 | | were located in the municipality in which the case arose, for: |
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329 | 329 | | (1) all cases in which either municipality has |
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330 | 330 | | jurisdiction under Subsection (a); and |
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331 | 331 | | (2) cases that arise under Section 821.022, Health and |
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332 | 332 | | Safety Code[, or Section 25.094, Education Code]. |
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333 | 333 | | SECTION 16. Section 71.0352, Government Code, is amended to |
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334 | 334 | | read as follows: |
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335 | 335 | | Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND |
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336 | 336 | | JUVENILE COURTS. As a component of the official monthly report |
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337 | 337 | | submitted to the Office of Court Administration of the Texas |
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338 | 338 | | Judicial System: |
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339 | 339 | | (1) justice and municipal courts shall report the |
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340 | 340 | | number of cases filed for [the following offenses: |
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341 | 341 | | [(A) failure to attend school under Section |
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342 | 342 | | 25.094, Education Code; |
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343 | 343 | | [(B) parent contributing to nonattendance under |
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344 | 344 | | Section 25.093, Education Code; and |
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345 | 345 | | [(C)] violation of a local daytime curfew |
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346 | 346 | | ordinance adopted under Section 341.905 or 351.903, Local |
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347 | 347 | | Government Code; and |
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348 | 348 | | (2) in cases in which a child fails to obey an order of |
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349 | 349 | | a justice or municipal court under circumstances that would |
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350 | 350 | | constitute contempt of court, the justice or municipal court shall |
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351 | 351 | | report the number of incidents in which the child is: |
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352 | 352 | | (A) referred to the appropriate juvenile court |
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353 | 353 | | for delinquent conduct as provided by Article 45.050(c)(1), Code of |
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354 | 354 | | Criminal Procedure, and Section 51.03(a)(2), Family Code; or |
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355 | 355 | | (B) held in contempt, fined, or denied driving |
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356 | 356 | | privileges as provided by Article 45.050(c)(2), Code of Criminal |
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357 | 357 | | Procedure. |
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358 | 358 | | SECTION 17. Section 103.021, Government Code, is amended to |
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359 | 359 | | read as follows: |
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360 | 360 | | Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
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361 | 361 | | CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or |
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362 | 362 | | defendant, or a party to a civil suit, as applicable, shall pay the |
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363 | 363 | | following fees and costs under the Code of Criminal Procedure if |
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364 | 364 | | ordered by the court or otherwise required: |
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365 | 365 | | (1) a personal bond fee (Art. 17.42, Code of Criminal |
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366 | 366 | | Procedure) . . . the greater of $20 or three percent of the amount of |
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367 | 367 | | the bail fixed for the accused; |
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368 | 368 | | (2) cost of electronic monitoring as a condition of |
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369 | 369 | | release on personal bond (Art. 17.43, Code of Criminal Procedure) . |
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370 | 370 | | . . actual cost; |
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371 | 371 | | (3) a fee for verification of and monitoring of motor |
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372 | 372 | | vehicle ignition interlock (Art. 17.441, Code of Criminal |
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373 | 373 | | Procedure) . . . not to exceed $10; |
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374 | 374 | | (3-a) costs associated with operating a global |
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375 | 375 | | positioning monitoring system as a condition of release on bond |
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376 | 376 | | (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
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377 | 377 | | subject to a determination of indigency; |
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378 | 378 | | (3-b) costs associated with providing a defendant's |
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379 | 379 | | victim with an electronic receptor device as a condition of the |
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380 | 380 | | defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
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381 | 381 | | Procedure) . . . actual costs, subject to a determination of |
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382 | 382 | | indigency; |
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383 | 383 | | (4) repayment of reward paid by a crime stoppers |
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384 | 384 | | organization on conviction of a felony (Art. 37.073, Code of |
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385 | 385 | | Criminal Procedure) . . . amount ordered; |
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386 | 386 | | (5) reimbursement to general revenue fund for payments |
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387 | 387 | | made to victim of an offense as condition of community supervision |
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388 | 388 | | (Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
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389 | 389 | | a misdemeanor offense or $100 for a felony offense; |
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390 | 390 | | (6) payment to a crime stoppers organization as |
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391 | 391 | | condition of community supervision (Art. 42.12, Code of Criminal |
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392 | 392 | | Procedure) . . . not to exceed $50; |
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393 | 393 | | (7) children's advocacy center fee (Art. 42.12, Code |
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394 | 394 | | of Criminal Procedure) . . . not to exceed $50; |
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395 | 395 | | (8) family violence center fee (Art. 42.12, Code of |
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396 | 396 | | Criminal Procedure) . . . $100; |
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397 | 397 | | (9) community supervision fee (Art. 42.12, Code of |
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398 | 398 | | Criminal Procedure) . . . not less than $25 or more than $60 per |
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399 | 399 | | month; |
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400 | 400 | | (10) additional community supervision fee for certain |
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401 | 401 | | offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
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402 | 402 | | month; |
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403 | 403 | | (11) for certain financially able sex offenders as a |
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404 | 404 | | condition of community supervision, the costs of treatment, |
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405 | 405 | | specialized supervision, or rehabilitation (Art. 42.12, Code of |
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406 | 406 | | Criminal Procedure) . . . all or part of the reasonable and |
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407 | 407 | | necessary costs of the treatment, supervision, or rehabilitation as |
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408 | 408 | | determined by the judge; |
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409 | 409 | | (12) fee for failure to appear for trial in a justice |
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410 | 410 | | or municipal court if a jury trial is not waived (Art. 45.026, Code |
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411 | 411 | | of Criminal Procedure) . . . costs incurred for impaneling the jury; |
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412 | 412 | | (13) costs of certain testing, assessments, or |
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413 | 413 | | programs during a deferral period (Art. 45.051, Code of Criminal |
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414 | 414 | | Procedure) . . . amount ordered; |
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415 | 415 | | (14) special expense on dismissal of certain |
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416 | 416 | | misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) . |
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417 | 417 | | . . not to exceed amount of fine assessed; |
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418 | 418 | | (15) an additional fee: |
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419 | 419 | | (A) for a copy of the defendant's driving record |
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420 | 420 | | to be requested from the Department of Public Safety by the judge |
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421 | 421 | | (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
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422 | 422 | | to the sum of the fee established by Section 521.048, |
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423 | 423 | | Transportation Code, and the state electronic Internet portal fee; |
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424 | 424 | | (B) as an administrative fee for requesting a |
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425 | 425 | | driving safety course or a course under the motorcycle operator |
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426 | 426 | | training and safety program for certain traffic offenses to cover |
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427 | 427 | | the cost of administering the article (Art. 45.0511(f)(1), Code of |
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428 | 428 | | Criminal Procedure) . . . not to exceed $10; or |
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429 | 429 | | (C) for requesting a driving safety course or a |
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430 | 430 | | course under the motorcycle operator training and safety program |
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431 | 431 | | before the final disposition of the case (Art. 45.0511(f)(2), Code |
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432 | 432 | | of Criminal Procedure) . . . not to exceed the maximum amount of the |
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433 | 433 | | fine for the offense committed by the defendant; |
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434 | 434 | | (16) a request fee for teen court program (Art. |
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435 | 435 | | 45.052, Code of Criminal Procedure) . . . $20, if the court ordering |
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436 | 436 | | the fee is located in the Texas-Louisiana border region, but |
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437 | 437 | | otherwise not to exceed $10; |
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438 | 438 | | (17) a fee to cover costs of required duties of teen |
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439 | 439 | | court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
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440 | 440 | | court ordering the fee is located in the Texas-Louisiana border |
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441 | 441 | | region, but otherwise $10; |
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442 | 442 | | (18) a mileage fee for officer performing certain |
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443 | 443 | | services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
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444 | 444 | | mile; |
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445 | 445 | | (19) certified mailing of notice of hearing date (Art. |
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446 | 446 | | 102.006, Code of Criminal Procedure) . . . $1, plus postage; |
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447 | 447 | | (20) certified mailing of certified copies of an order |
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448 | 448 | | of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
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449 | 449 | | plus postage; |
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450 | 450 | | (20-a) a fee to defray the cost of notifying state |
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451 | 451 | | agencies of orders of expungement (Art. 45.0216, Code of Criminal |
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452 | 452 | | Procedure) . . . $30 per application; |
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453 | 453 | | [(20-b) a fee to defray the cost of notifying state |
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454 | 454 | | agencies of orders of expunction (Art. 45.055, Code of Criminal |
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455 | 455 | | Procedure) . . . $30 per application;] |
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456 | 456 | | (21) sight orders: |
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457 | 457 | | (A) if the face amount of the check or sight order |
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458 | 458 | | does not exceed $10 (Art. 102.007, Code of Criminal Procedure) . . . |
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459 | 459 | | not to exceed $10; |
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460 | 460 | | (B) if the face amount of the check or sight order |
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461 | 461 | | is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
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462 | 462 | | Criminal Procedure) . . . not to exceed $15; |
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463 | 463 | | (C) if the face amount of the check or sight order |
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464 | 464 | | is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
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465 | 465 | | Criminal Procedure) . . . not to exceed $30; |
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466 | 466 | | (D) if the face amount of the check or sight order |
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467 | 467 | | is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
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468 | 468 | | Criminal Procedure) . . . not to exceed $50; and |
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469 | 469 | | (E) if the face amount of the check or sight order |
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470 | 470 | | is greater than $500 (Art. 102.007, Code of Criminal Procedure) . . |
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471 | 471 | | . not to exceed $75; |
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472 | 472 | | (22) fees for a pretrial intervention program: |
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473 | 473 | | (A) a supervision fee (Art. 102.012(a), Code of |
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474 | 474 | | Criminal Procedure) . . . $60 a month plus expenses; and |
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475 | 475 | | (B) a district attorney, criminal district |
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476 | 476 | | attorney, or county attorney administrative fee (Art. 102.0121, |
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477 | 477 | | Code of Criminal Procedure) . . . not to exceed $500; |
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478 | 478 | | (23) parking fee violations for child safety fund in |
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479 | 479 | | municipalities with populations: |
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480 | 480 | | (A) greater than 850,000 (Art. 102.014, Code of |
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481 | 481 | | Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
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482 | 482 | | (B) less than 850,000 (Art. 102.014, Code of |
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483 | 483 | | Criminal Procedure) . . . not to exceed $5; |
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484 | 484 | | (24) an administrative fee for collection of fines, |
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485 | 485 | | fees, restitution, or other costs (Art. 102.072, Code of Criminal |
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486 | 486 | | Procedure) . . . not to exceed $2 for each transaction; and |
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487 | 487 | | (25) a collection fee, if authorized by the |
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488 | 488 | | commissioners court of a county or the governing body of a |
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489 | 489 | | municipality, for certain debts and accounts receivable, including |
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490 | 490 | | unpaid fines, fees, court costs, forfeited bonds, and restitution |
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491 | 491 | | ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
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492 | 492 | | percent of an amount more than 60 days past due. |
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493 | 493 | | SECTION 18. The following provisions are repealed: |
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494 | 494 | | (1) Articles 45.054 and 45.055, Code of Criminal |
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495 | 495 | | Procedure; |
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496 | 496 | | (2) Article 45.056(e), Code of Criminal Procedure; |
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497 | 497 | | (3) Article 102.014(d), Code of Criminal Procedure; |
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498 | 498 | | (4) Sections 25.0916, 25.093, and 25.094, Education |
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499 | 499 | | Code; |
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500 | 500 | | (5) Section 25.095(c), Education Code; |
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501 | 501 | | (6) Section 25.0951, Education Code; |
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502 | 502 | | (7) Section 25.0952, Education Code; |
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503 | 503 | | (8) Section 51.03(g), Family Code; |
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504 | 504 | | (9) Section 51.04(h), Family Code; |
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505 | 505 | | (10) Section 51.08(e), Family Code; |
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506 | 506 | | (11) Section 54.021, Family Code; |
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507 | 507 | | (12) Section 26.045(d), Government Code; |
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508 | 508 | | (13) Subchapter W, Chapter 54, Government Code; and |
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509 | 509 | | (14) Subchapter JJ, Chapter 54, Government Code. |
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510 | 510 | | SECTION 19. The changes in law made by this Act do not apply |
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511 | 511 | | to an offense committed under Section 25.093 or 25.094, Education |
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512 | 512 | | Code, before the effective date of this Act or to a criminal action |
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513 | 513 | | pending on the effective date of this Act for an offense under |
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514 | 514 | | either section. An offense committed before the effective date of |
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515 | 515 | | this Act or a criminal action pending on that date is governed by |
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516 | 516 | | the law in effect at the time the offense was committed, and the |
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517 | 517 | | former law is continued in effect for that purpose. For the |
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518 | 518 | | purposes of this section, an offense is committed before the |
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519 | 519 | | effective date of this Act if any element of the offense was |
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520 | 520 | | committed before that date. |
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521 | 521 | | SECTION 20. This Act takes effect September 1, 2015. |
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