Texas 2015 - 84th Regular

Texas House Bill HB93 Compare Versions

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

Old	New	Differences
1	1	84R260 ADM-D
2	2	By: White of Tyler H.B. No. 93
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the repeal of the offenses of failure to attend school
8	8	and parent contributing to nonattendance.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
11	11	amended to read as follows:
12	12	(g) A municipality may enter into an agreement with a
13	13	contiguous municipality or a municipality with boundaries that are
14	14	within one-half mile of the municipality seeking to enter into the
15	15	agreement to establish concurrent jurisdiction of the municipal
16	16	courts in the municipalities and provide original jurisdiction to a
17	17	municipal court in which a case is brought as if the municipal court
18	18	were located in the municipality in which the case arose, for:
19	19	(1) all cases in which either municipality has
20	20	jurisdiction under Subsection (a); and
21	21	(2) cases that arise under Section 821.022, Health and
22	22	Safety Code[, or Section 25.094, Education 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 45.056(k), Code of Criminal Procedure,
31	31	is amended to read as follows:
32	32	(k) Subsections (i) and (j) do not apply to[:
33	33	[(1)] a part-time judge[; or
34	34	[(2) a county judge of a county court that has one or
35	35	more appointed full-time magistrates under Section 54.1172,
36	36	Government Code].
37	37	SECTION 4. Section 25.085(f), Education Code, is amended to
38	38	read as follows:
39	39	(f) The board of trustees of a school district may adopt a
40	40	policy requiring a person described by Subsection (e) who is under
41	41	21 years of age to attend school until the end of the school
42	42	year. Section [25.094 applies to a person subject to a policy
43	43	adopted under this subsection. Sections 25.093 and] 25.095 does
44	44	[do] not apply to the parent of a person subject to a policy adopted
45	45	under this subsection.
46	46	SECTION 5. Sections 25.091(a) and (b), Education Code, are
47	47	amended to read as follows:
48	48	(a) A peace officer serving as an attendance officer has the
49	49	following powers and duties concerning enforcement of compulsory
50	50	school attendance requirements:
51	51	(1) to investigate each case of a violation of
52	52	compulsory school attendance requirements referred to the peace
53	53	officer;
54	54	(2) to enforce compulsory school attendance
55	55	requirements by:
56	56	(A) applying truancy prevention measures adopted
57	57	under Section 25.0915 to the student; and
58	58	(B) if the truancy prevention measures fail to
59	59	meaningfully address the student's conduct, [:
60	60	[(i)] referring the student to a juvenile
61	61	court [or filing a complaint against the student in a county,
62	62	justice, or municipal court] if the student has unexcused absences
63	63	for the amount of time specified [under Section 25.094 or] under
64	64	Section 51.03(b)(2), Family Code; [or
65	65	[(ii) filing a complaint in a county,
66	66	justice, or municipal court against a parent who violates Section
67	67	25.093;]
68	68	(3) to serve court-ordered legal process;
69	69	(4) to review school attendance records for compliance
70	70	by each student investigated by the officer;
71	71	(5) to maintain an investigative record on each
72	72	compulsory school attendance requirement violation and related
73	73	court action and, at the request of a court, the board of trustees
74	74	of a school district, or the commissioner, to provide a record to
75	75	the individual or entity requesting the record;
76	76	(6) to make a home visit or otherwise contact the
77	77	parent of a student who is in violation of compulsory school
78	78	attendance requirements, except that a peace officer may not enter
79	79	a residence without the permission of the parent of a student
80	80	required under this subchapter to attend school or of the tenant or
81	81	owner of the residence [except to lawfully serve court-ordered
82	82	legal process on the parent]; and
83	83	(7) to take a student into custody with the permission
84	84	of the student's parent or in obedience to a court-ordered legal
85	85	process.
86	86	(b) An attendance officer employed by a school district who
87	87	is not commissioned as a peace officer has the following powers and
88	88	duties with respect to enforcement of compulsory school attendance
89	89	requirements:
90	90	(1) to investigate each case of a violation of the
91	91	compulsory school attendance requirements referred to the
92	92	attendance officer;
93	93	(2) to enforce compulsory school attendance
94	94	requirements by:
95	95	(A) applying truancy prevention measures adopted
96	96	under Section 25.0915 to the student; and
97	97	(B) if the truancy prevention measures fail to
98	98	meaningfully address the student's conduct, [:
99	99	[(i)] referring the student to a juvenile
100	100	court [or filing a complaint against the student in a county,
101	101	justice, or municipal court] if the student has unexcused absences
102	102	for the amount of time specified [under Section 25.094 or] under
103	103	Section 51.03(b)(2), Family Code; [and
104	104	[(ii) filing a complaint in a county,
105	105	justice, or municipal court against a parent who violates Section
106	106	25.093;]
107	107	(3) to monitor school attendance compliance by each
108	108	student investigated by the officer;
109	109	(4) to maintain an investigative record on each
110	110	compulsory school attendance requirement violation and related
111	111	court action and, at the request of a court, the board of trustees
112	112	of a school district, or the commissioner, to provide a record to
113	113	the individual or entity requesting the record;
114	114	(5) to make a home visit or otherwise contact the
115	115	parent of a student who is in violation of compulsory school
116	116	attendance requirements, except that the attendance officer may not
117	117	enter a residence without permission of the parent or of the owner
118	118	or tenant of the residence;
119	119	(6) at the request of a parent, to escort a student
120	120	from any location to a school campus to ensure the student's
121	121	compliance with compulsory school attendance requirements; and
122	122	(7) if the attendance officer has or is informed of a
123	123	court-ordered legal process directing that a student be taken into
124	124	custody and the school district employing the officer does not
125	125	employ its own police department, to contact the sheriff,
126	126	constable, or any peace officer to request that the student be taken
127	127	into custody and processed according to the legal process.
128	128	SECTION 6. Section 25.0915, Education Code, is amended to
129	129	read as follows:
130	130	Sec. 25.0915. TRUANCY PREVENTION MEASURES; REFERRAL [AND
131	131	FILING] REQUIREMENT. (a) A school district shall adopt truancy
132	132	prevention measures designed to:
133	133	(1) address student conduct related to truancy in the
134	134	school setting; and
135	135	(2) minimize the need for referrals to juvenile court
136	136	for conduct described by Section 51.03(b)(2), Family Code[; and
137	137	[(3) minimize the filing of complaints in county,
138	138	justice, and municipal courts alleging a violation of Section
139	139	25.094].
140	140	(b) Each referral to juvenile court for conduct described by
141	141	Section 51.03(b)(2), Family Code, [or complaint filed in county,
142	142	justice, or municipal court alleging a violation by a student of
143	143	Section 25.094] must:
144	144	(1) be accompanied by a statement from the student's
145	145	school certifying that:
146	146	(A) the school applied the truancy prevention
147	147	measures adopted under Subsection (a) to the student; and
148	148	(B) the truancy prevention measures failed to
149	149	meaningfully address the student's school attendance; and
150	150	(2) specify whether the student is eligible for or
151	151	receives special education services under Subchapter A, Chapter 29.
152	152	(c) A court shall dismiss a [complaint or] referral made by
153	153	a school district under this section that is not made in compliance
154	154	with Subsection (b).
155	155	SECTION 7. Sections 25.095(a) and (b), Education Code, are
156	156	amended to read as follows:
157	157	(a) A school district or open-enrollment charter school
158	158	shall notify a student's parent in writing at the beginning of the
159	159	school year that if the student is absent from school on 10 or more
160	160	days or parts of days within a six-month period in the same school
161	161	year or on three or more days or parts of days within a four-week
162	162	period[:
163	163	[(1) the student's parent is subject to prosecution
164	164	under Section 25.093; and
165	165	[(2)] the student is subject to [prosecution under
166	166	Section 25.094 or to] referral to a juvenile court [in a county with
167	167	a population of less than 100,000 for conduct that violates that
168	168	section].
169	169	(b) A school district shall notify a student's parent if the
170	170	student has been absent from school, without excuse under Section
171	171	25.087, on three days or parts of days within a four-week period.
172	172	The notice must:
173	173	(1) inform the parent that[:
174	174	[(A)] it is the parent's duty to monitor the
175	175	student's school attendance and require the student to attend
176	176	school; and
177	177	[(B) the parent is subject to prosecution under
178	178	Section 25.093; and]
179	179	(2) request a conference between school officials and
180	180	the parent to discuss the absences.
181	181	SECTION 8. Section 25.0951, Education Code, is amended to
182	182	read as follows:
183	183	Sec. 25.0951. SCHOOL DISTRICT [COMPLAINT OR] REFERRAL FOR
184	184	FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
185	185	without excuse on 10 or more days or parts of days within a
186	186	six-month period in the same school year, a school district shall
187	187	within 10 school days of the student's 10th absence[:
188	188	[(1) file a complaint against the student or the
189	189	student's parent or both in a county, justice, or municipal court
190	190	for an offense under Section 25.093 or 25.094, as appropriate, or
191	191	refer the student to a juvenile court in a county with a population
192	192	of less than 100,000 for conduct that violates Section 25.094; or
193	193	[(2)] refer the student to a juvenile court for
194	194	conduct indicating a need for supervision under Section
195	195	51.03(b)(2), Family Code.
196	196	(b) If a student fails to attend school without excuse on
197	197	three or more days or parts of days within a four-week period but
198	198	does not fail to attend school for the time described by Subsection
199	199	(a), the school district may[:
200	200	[(1) file a complaint against the student or the
201	201	student's parent or both in a county, justice, or municipal court
202	202	for an offense under Section 25.093 or 25.094, as appropriate, or
203	203	refer the student to a juvenile court in a county with a population
204	204	of less than 100,000 for conduct that violates Section 25.094; or
205	205	[(2)] refer the student to a juvenile court for
206	206	conduct indicating a need for supervision under Section
207	207	51.03(b)(2), Family Code.
208	208	(c) [In this section, "parent" includes a person standing in
209	209	parental relation.
210	210	[(d)] A court shall dismiss a [complaint or] referral made
211	211	by a school district under this section that is not made in
212	212	compliance with this section.
213	213	SECTION 9. Section 29.087(d), Education Code, is amended to
214	214	read as follows:
215	215	(d) A student is eligible to participate in a program
216	216	authorized by this section if:
217	217	(1) the student has been ordered by [a court under
218	218	Article 45.054, Code of Criminal Procedure, as added by Chapter
219	219	1514, Acts of the 77th Legislature, Regular Session, 2001, or by]
220	220	the Texas Juvenile Justice Department [Youth Commission] to:
221	221	(A) participate in a preparatory class for the
222	222	high school equivalency examination; or
223	223	(B) take the high school equivalency examination
224	224	administered under Section 7.111; or
225	225	(2) the following conditions are satisfied:
226	226	(A) the student is at least 16 years of age at the
227	227	beginning of the school year or semester;
228	228	(B) the student is a student at risk of dropping
229	229	out of school, as defined by Section 29.081;
230	230	(C) the student and the student's parent or
231	231	guardian agree in writing to the student's participation;
232	232	(D) at least two school years have elapsed since
233	233	the student first enrolled in ninth grade and the student has
234	234	accumulated less than one third of the credits required to graduate
235	235	under the minimum graduation requirements of the district or
236	236	school; and
237	237	(E) any other conditions specified by the
238	238	commissioner.
239	239	SECTION 10. Section 51.02(15), Family Code, is amended to
240	240	read as follows:
241	241	(15) "Status offender" means a child who is accused,
242	242	adjudicated, or convicted for conduct that would not, under state
243	243	law, be a crime if committed by an adult, including:
244	244	(A) truancy under Section 51.03(b)(2);
245	245	(B) running away from home under Section
246	246	51.03(b)(3);
247	247	(C) a fineable only offense under Section
248	248	51.03(b)(1) transferred to the juvenile court under Section
249	249	51.08(b), but only if the conduct constituting the offense would
250	250	not have been criminal if engaged in by an adult;
251	251	(D) [failure to attend school under Section
252	252	25.094, Education Code;
253	253	[(E)] a violation of standards of student conduct
254	254	as described by Section 51.03(b)(5);
255	255	(E) [(F)] a violation of a juvenile curfew
256	256	ordinance or order;
257	257	(F) [(G)] a violation of a provision of the
258	258	Alcoholic Beverage Code applicable to minors only; or
259	259	(G) [(H)] a violation of any other fineable only
260	260	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
261	261	conduct constituting the offense would not have been criminal if
262	262	engaged in by an adult.
263	263	SECTION 11. Section 51.04(a), Family Code, is amended to
264	264	read as follows:
265	265	(a) This title covers the proceedings in all cases involving
266	266	the delinquent conduct or conduct indicating a need for supervision
267	267	engaged in by a person who was a child within the meaning of this
268	268	title at the time the person engaged in the conduct, and[, except as
269	269	provided by Subsection (h),] the juvenile court has exclusive
270	270	original jurisdiction over proceedings under this title.
271	271	SECTION 12. Section 54.041(f), Family Code, is amended to
272	272	read as follows:
273	273	(f) If a child is found to have engaged in conduct
274	274	indicating a need for supervision described under Section
275	275	51.03(b)(2) [or (g)], the court may order the child's parents or
276	276	guardians to attend a program for parents of students with
277	277	unexcused absences that provides instruction designed to assist
278	278	those parents in identifying problems that contribute to the
279	279	students' unexcused absences and in developing strategies for
280	280	resolving those problems [described by Section 25.093(f),
281	281	Education Code], if a program is available.
282	282	SECTION 13. Section 58.106(a), Family Code, is amended to
283	283	read as follows:
284	284	(a) Except as otherwise provided by this section,
285	285	information contained in the juvenile justice information system is
286	286	confidential information for the use of the department and may not
287	287	be disseminated by the department except:
288	288	(1) with the permission of the juvenile offender, to
289	289	military personnel of this state or the United States;
290	290	(2) to a person or entity to which the department may
291	291	grant access to adult criminal history records as provided by
292	292	Section 411.083, Government Code;
293	293	(3) to a juvenile justice agency;
294	294	(4) to the Texas Juvenile Justice Department [Youth
295	295	Commission and the Texas Juvenile Probation Commission] for
296	296	analytical purposes;
297	297	(5) to the office of independent ombudsman of the
298	298	Texas Juvenile Justice Department [Youth Commission]; and
299	299	(6) to a county, justice, or municipal court
300	300	exercising jurisdiction over a juvenile[, including a court
301	301	exercising jurisdiction over a juvenile under Section 54.021].
302	302	SECTION 14. Sections 26.045(c) and (e), Government Code,
303	303	are amended to read as follows:
304	304	(c) Except as provided by Subsection [Subsections (d) and]
305	305	(f), a county court that is in a county with a criminal district
306	306	court does not have any criminal jurisdiction.
307	307	(e) Subsection [Subsections] (c) does [and (d) do] not
308	308	affect the jurisdiction of a statutory county court.
309	309	SECTION 15. Section 29.003(i), Government Code, is amended
310	310	to read as follows:
311	311	(i) A municipality may enter into an agreement with a
312	312	contiguous municipality or a municipality with boundaries that are
313	313	within one-half mile of the municipality seeking to enter into the
314	314	agreement to establish concurrent jurisdiction of the municipal
315	315	courts in the municipalities and provide original jurisdiction to a
316	316	municipal court in which a case is brought as if the municipal court
317	317	were located in the municipality in which the case arose, for:
318	318	(1) all cases in which either municipality has
319	319	jurisdiction under Subsection (a); and
320	320	(2) cases that arise under Section 821.022, Health and
321	321	Safety Code[, or Section 25.094, Education Code].
322	322	SECTION 16. Section 71.0352, Government Code, is amended to
323	323	read as follows:
324	324	Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
325	325	JUVENILE COURTS. As a component of the official monthly report
326	326	submitted to the Office of Court Administration of the Texas
327	327	Judicial System:
328	328	(1) justice and municipal courts shall report the
329	329	number of cases filed for [the following offenses:
330	330	[(A) failure to attend school under Section
331	331	25.094, Education Code;
332	332	[(B) parent contributing to nonattendance under
333	333	Section 25.093, Education Code; and
334	334	[(C)] violation of a local daytime curfew
335	335	ordinance adopted under Section 341.905 or 351.903, Local
336	336	Government Code; and
337	337	(2) in cases in which a child fails to obey an order of
338	338	a justice or municipal court under circumstances that would
339	339	constitute contempt of court, the justice or municipal court shall
340	340	report the number of incidents in which the child is:
341	341	(A) referred to the appropriate juvenile court
342	342	for delinquent conduct as provided by Article 45.050(c)(1), Code of
343	343	Criminal Procedure, and Section 51.03(a)(2), Family Code; or
344	344	(B) held in contempt, fined, or denied driving
345	345	privileges as provided by Article 45.050(c)(2), Code of Criminal
346	346	Procedure.
347	347	SECTION 17. The following provisions are repealed:
348	348	(1) Articles 45.054 and 45.055, Code of Criminal
349	349	Procedure;
350	350	(2) Article 45.056(e), Code of Criminal Procedure;
351	351	(3) Article 102.014(d), Code of Criminal Procedure;
352	352	(4) Sections 25.0916, 25.093, and 25.094, Education
353	353	Code;
354	354	(5) Section 25.095(c), Education Code;
355	355	(6) Section 25.0952, Education Code;
356	356	(7) Section 51.03(g), Family Code;
357	357	(8) Section 51.04(h), Family Code;
358	358	(9) Section 51.08(e), Family Code;
359	359	(10) Section 54.021, Family Code;
360	360	(11) Section 26.045(d), Government Code;
361	361	(12) Subchapter W, Chapter 54, Government Code;
362	362	(13) Subchapter JJ, Chapter 54, Government Code; and
363	363	(14) Section 103.021(20-b), Government Code.
364	364	SECTION 18. The changes in law made by this Act do not apply
365	365	to an offense committed under Section 25.093 or 25.094, Education
366	366	Code, before the effective date of this Act or to a criminal action
367	367	pending on the effective date of this Act for an offense under
368	368	either section. An offense committed before the effective date of
369	369	this Act or a criminal action pending on that date is governed by
370	370	the law in effect at the time the offense was committed, and the
371	371	former law is continued in effect for that purpose. For the
372	372	purposes of this section, an offense is committed before the
373	373	effective date of this Act if any element of the offense was
374	374	committed before that date.
375	375	SECTION 19. This Act takes effect September 1, 2015.