By: Whitmire, Bettencourt, Ellis S.B. No. 106
(In the Senate - Filed November 10, 2014; January 27, 2015,
read first time and referred to Committee on Criminal Justice;
April 7, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 6, Nays 1; April 7, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 106 By: Whitmire
A BILL TO BE ENTITLED
AN ACT
relating to court jurisdiction and procedures relating to truancy;
providing criminal penalties; imposing a court cost.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
amended to read as follows:
(g) A municipality may enter into an agreement with a
contiguous municipality or a municipality with boundaries that are
within one-half mile of the municipality seeking to enter into the
agreement to establish concurrent jurisdiction of the municipal
courts in the municipalities and provide original jurisdiction to a
municipal court in which a case is brought as if the municipal court
were located in the municipality in which the case arose, for:
(1) all cases in which either municipality has
jurisdiction under Subsection (a); and
(2) cases that arise under Section 821.022, Health and
Safety Code[, or Section 25.094, Education Code].
SECTION 2. Articles 45.0216(f) and (g), Code of Criminal
Procedure, are amended to read as follows:
(f) The court shall order the conviction, together with all
complaints, verdicts, sentences, and prosecutorial and law
enforcement records, and any other documents relating to the
offense, expunged from the person's record if the court finds that:
(1) for a person applying for the expunction of a
conviction for an offense described by Section 8.07(a)(4) or (5),
Penal Code, the person was not convicted of any other offense
described by Section 8.07(a)(4) or (5), Penal Code, while the
person was a child; and
(2) for a person applying for the expunction of a
conviction for an offense described by Section 43.261, Penal Code,
the person was not found to have engaged in conduct indicating a
need for supervision described by Section 51.03(b)(7)
[51.03(b)(8)], Family Code, while the person was a child.
(g) This article does not apply to any offense otherwise
covered by:
(1) Chapter 106, Alcoholic Beverage Code; or
(2) Chapter 161, Health and Safety Code[; or
[(3) Section 25.094, Education Code].
SECTION 3. Subchapter B, Chapter 45, Code of Criminal
Procedure, is amended by adding Article 45.0541 to read as follows:
Art. 45.0541. AUTOMATIC EXPUNCTION OF TRUANCY RECORDS.
(a) In this article, "truancy offense" means an offense committed
under the former Section 25.094, Education Code.
(b) An individual who has been convicted of a truancy
offense or has had a complaint for a truancy offense dismissed is
entitled to have the conviction or complaint and records relating
to the conviction or complaint automatically expunged.
(c) The court in which the individual was convicted or a
complaint for a truancy offense was filed shall order the
conviction, complaints, verdicts, sentences, and other documents
relating to the offense, including any documents in the possession
of a school district or law enforcement agency, to be expunged from
the individual's record. After entry of the order, the individual
is released from all disabilities resulting from the conviction or
complaint, and the conviction or complaint may not be shown or made
known for any purpose. The court shall inform the individual of the
expunction.
SECTION 4. Articles 45.056(a) and (c), Code of Criminal
Procedure, as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B.
393), Acts of the 83rd Legislature, Regular Session, 2013, are
reenacted and amended to read as follows:
(a) On approval of the commissioners court, city council,
[school district board of trustees,] juvenile board, or other
appropriate authority, a county court, justice court, municipal
court, [school district,] juvenile probation department, or other
appropriate governmental entity may:
(1) employ a case manager to provide services in cases
involving juvenile offenders who are before a court consistent with
the court's statutory powers or referred to a court by a school
administrator or designee for misconduct that would otherwise be
within the court's statutory powers prior to a case being filed,
with the consent of the juvenile and the juvenile's parents or
guardians;
(2) employ one or more juvenile case managers who:
(A) shall assist the court in administering the
court's juvenile docket and in supervising the court's orders in
juvenile cases; and
(B) may provide:
(i) prevention services to a child
considered at risk of entering the juvenile justice system; and
(ii) intervention services to juveniles
engaged in misconduct before cases are filed, excluding traffic
offenses; or
(3) agree in accordance with Chapter 791, Government
Code, with any appropriate governmental entity to jointly employ a
case manager or to jointly contribute to the costs of a case manager
employed by one governmental entity to provide services described
by Subdivisions (1) and (2).
(c) An entity that jointly employs a case manager under
Subsection (a)(3) employs a juvenile case manager for purposes of
Chapter 102 of this code and Chapter 102, Government Code. [A
county or justice court on approval of the commissioners court or a
municipality or municipal court on approval of the city council may
employ one or more juvenile case managers who:
[(1) shall assist the court in administering the
court's juvenile docket and in supervising its court orders in
juvenile cases; and
[(2) may provide:
[(A) prevention services to a child considered
at-risk of entering the juvenile justice system; and
[(B) intervention services to juveniles engaged
in misconduct prior to cases being filed, excluding traffic
offenses.]
SECTION 5. Article 102.014(d), Code of Criminal Procedure,
is amended to read as follows:
(d) A person convicted of an offense under Section 25.093
[or 25.094], Education Code, shall pay as taxable court costs $20 in
addition to other taxable court costs. The additional court costs
under this subsection shall be collected in the same manner that
other fines and taxable court costs in the case are collected.
SECTION 6. (a) Section 7.111(a), Education Code, as amended
by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd
Legislature, Regular Session, 2013, is reenacted to read as
follows:
(a) The board shall provide for the administration of high
school equivalency examinations.
(b) Section 7.111(a-1), Education Code, is amended to
conform to the amendment of Section 7.111(a), Education Code, by
Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
Session, 2013, and is further amended to read as follows:
(a-1) A person who does not have a high school diploma may
take the examination in accordance with rules adopted by the board
if the person is:
(1) over 17 years of age;
(2) 16 years of age or older and:
(A) is enrolled in a Job Corps training program
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
et seq.), and its subsequent amendments;
(B) a public agency providing supervision of the
person or having custody of the person under a court order
recommends that the person take the examination; or
(C) is enrolled in the Texas Military
Department's [adjutant general's department's] Seaborne ChalleNGe
Corps; or
(3) required to take the examination under a court
order issued under Section 64.03(a)(3).
SECTION 7. Section 25.085, Education Code, is amended by
amending Subsections (e) and (f) and adding Subsections (g) and (h)
to read as follows:
(e) A person who voluntarily enrolls in school or
voluntarily attends school after the person's 18th birthday shall
attend school each school day for the entire period the program of
instruction is offered. A school district may revoke for the
remainder of the school year the enrollment of a person who has more
than five absences in a semester that are not excused under Section
25.087, except a school district may not revoke the enrollment of a
person under this subsection on a day on which the person is
physically present at school. A person whose enrollment is revoked
under this subsection may be considered an unauthorized person on
school district grounds for purposes of Section 37.107.
(f) The board of trustees of a school district may adopt a
policy requiring a person described by Subsection (e) who is under
21 years of age to attend school until the end of the school year.
Section 62.03(a) does not apply [25.094 applies] to a person
subject to a policy adopted under this subsection. Sections 25.093
and 25.095 do not apply to the parent of a person subject to a policy
adopted under this subsection.
(g) After the third unexcused absence of a person described
by Subsection (e), a school district shall issue a warning letter to
the person that states the person's enrollment may be revoked for
the remainder of the school year if the person has more than five
unexcused absences in a semester.
(h) As an alternative to revoking a person's enrollment
under Subsection (e), a school district may impose a behavior
improvement plan described by Section 25.0915(a-1)(1).
SECTION 8. Sections 25.091(a) and (b), Education Code, are
amended to read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; and
(B) if the truancy prevention measures fail to
meaningfully address the student's conduct:
(i) referring the student to a truancy
court [juvenile court or filing a complaint against the student in a
county, justice, or municipal court] if the student has unexcused
absences for the amount of time specified under Section 62.03(a)
[25.094 or under Section 51.03(b)(2), Family Code]; or
(ii) filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record; and
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent[; and
[(7) to take a student into custody with the
permission of the student's parent or in obedience to a
court-ordered legal process].
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; and
(B) if the truancy prevention measures fail to
meaningfully address the student's conduct:
(i) referring the student to a truancy
court [juvenile court or filing a complaint against the student in a
county, justice, or municipal court] if the student has unexcused
absences for the amount of time specified under Section 62.03(a)
[25.094 or under Section 51.03(b)(2), Family Code]; and
(ii) filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence; and
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements[; and
[(7) if the attendance officer has or is informed of a
court-ordered legal process directing that a student be taken into
custody and the school district employing the officer does not
employ its own police department, to contact the sheriff,
constable, or any peace officer to request that the student be taken
into custody and processed according to the legal process].
SECTION 9. Section 25.0915, Education Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections
(a-1), (a-2), (a-3), (d), (e), (f), and (g) to read as follows:
(a) A school district shall adopt truancy prevention
measures designed to:
(1) address student conduct related to truancy in the
school setting before the student engages in conduct described by
Section 62.03(a); and
(2) minimize the need for referrals to truancy
[juvenile] court for conduct described by Section 62.03(a)
[51.03(b)(2), Family Code; and
[(3) minimize the filing of complaints in county,
justice, and municipal courts alleging a violation of Section
25.094].
(a-1) As a truancy prevention measure under Subsection (a),
a school district shall take one or more of the following actions:
(1) impose:
(A) a behavior improvement plan on the student
that must be signed by an employee of the school, that the school
district has made a good faith effort to have signed by the student
and the student's parent or guardian, and that includes:
(i) a specific description of the behavior
that is required or prohibited for the student;
(ii) the period for which the plan will be
effective, not to exceed 45 school days after the date the contract
becomes effective; or
(iii) the penalties for additional
absences, including additional disciplinary action or the referral
of the student to a truancy court; or
(B) school-based community service; or
(2) refer the student to counseling, community-based
services, or other in-school or out-of-school services aimed at
addressing the student's truancy.
(a-2) A referral made under Subsection (a-1)(2) may include
participation by the child's parent or guardian if necessary.
(a-3) A school district shall offer additional counseling
to a student and may not refer the student to truancy court if the
school determines that the student's truancy is the result of:
(1) pregnancy;
(2) being in the state foster program;
(3) homelessness; or
(4) being the principal income earner for the
student's family.
(b) Each referral to truancy [juvenile] court for conduct
described by Section 62.03(a) [51.03(b)(2), Family Code, or
complaint filed in county, justice, or municipal court alleging a
violation by a student of Section 25.094] must:
(1) be accompanied by a statement from the student's
school certifying that:
(A) the school applied the truancy prevention
measures adopted under Subsection (a) to the student; and
(B) the truancy prevention measures failed to
meaningfully address the student's school attendance; and
(2) specify whether the student is eligible for or
receives special education services under Subchapter A, Chapter 29.
(c) A truancy court shall dismiss a petition filed by a
truant conduct prosecutor under Section 63.04 if the court
determines that the school district's referral:
(1) does [complaint or referral made by a school
district under this section that is] not comply [made in
compliance] with Subsection (b);
(2) does not satisfy the elements required for truant
conduct;
(3) is not timely filed; or
(4) is otherwise defective.
(d) Except as provided by Subsection (e), a school district
shall employ a truancy prevention facilitator to implement the
truancy prevention measures required by this section and any other
effective truancy prevention measures as determined by the school
district or campus. At least annually, the truancy prevention
facilitator shall meet to discuss effective truancy prevention
measures with a case manager or other individual designated by a
truancy court to provide services to students of the school
district in truancy cases.
(e) Instead of employing a truancy prevention facilitator,
a school district may designate an existing district employee to
implement the truancy prevention measures required by this section
and any other effective truancy prevention measures as determined
by the school district or campus.
(f) The agency shall adopt rules:
(1) creating minimum standards for truancy prevention
measures adopted by a school district under this section; and
(2) establishing a set of best practices for truancy
prevention measures.
(g) The agency shall adopt rules to provide for sanctions
for a school district found to be not in compliance with this
section.
SECTION 10. Sections 25.0916(a), (c), (d), (f), (h), and
(i), Education Code, are amended to read as follows:
(a) This section applies only to a county with two or more
courts hearing truancy cases [:
[(1) with a population greater than 1.5 million; and
[(2) that includes at least:
[(A) 15 school districts with the majority of
district territory in the county; and
[(B) one school district with a student
enrollment of 50,000 or more and an annual dropout rate spanning
grades 9-12 of at least five percent, computed in accordance with
standards and definitions adopted by the National Center for
Education Statistics of the United States Department of Education].
(c) Not later than September 1, 2016 [2013], the county
judge and the mayor of the municipality in the county with the
greatest population shall each appoint one member to serve on the
committee as a representative of each of the following:
(1) a juvenile [district] court;
(2) a municipal court;
(3) the office of a justice of the peace;
(4) the superintendent or designee of an independent
school district;
(5) an open-enrollment charter school;
(6) the office of the prosecutor with felony
jurisdiction in the county [district attorney]; and
(7) the general public.
(d) Not later than September 1, 2016 [2013], the county
judge shall appoint to serve on the committee one member from the
house of representatives and one member from the senate who are
members of the respective standing legislative committees with
primary jurisdiction over public education.
(f) Not later than September 1, 2017 [2014], the committee
shall recommend:
(1) a uniform process for filing truancy cases with
the judicial system;
(2) uniform administrative procedures;
(3) uniform deadlines for processing truancy cases;
(4) effective prevention, intervention, and diversion
methods to reduce truancy and referrals to a county, justice, or
municipal court;
(5) a system for tracking truancy information and
sharing truancy information among school districts and
open-enrollment charter schools in the county; and
(6) any changes to statutes or state agency rules the
committee determines are necessary to address truancy.
(h) The committee's presiding officer shall issue a report
not later than December 1, 2017 [2015], on the implementation of the
recommendations and compliance with state truancy laws by a school
district located in the county.
(i) This section expires January 1, 2018 [2016].
SECTION 11. Section 25.093, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (c-1) to
read as follows:
(a) If a warning is issued as required by Section 25.095(a),
the parent with criminal negligence fails to require the child to
attend school as required by law, and the child has absences for the
amount of time specified under Section 62.03(a) [25.094], the
parent commits an offense.
(c) An offense under Subsection (a) is a Class C
misdemeanor, punishable by a fine not to exceed:
(1) $100 for a first offense;
(2) $200 for a second offense;
(3) $300 for a third offense;
(4) $400 for a fourth offense; or
(5) $500 for a fifth or subsequent offense.
(c-1) Each day the child remains out of school may
constitute a separate offense. Two or more offenses under
Subsection (a) may be consolidated and prosecuted in a single
action. If the court orders deferred disposition under Article
45.051, Code of Criminal Procedure, the court may require the
defendant to provide personal services to a charitable or
educational institution as a condition of the deferral.
SECTION 12. Sections 25.095(a) and (c), Education Code, are
amended to read as follows:
(a) A school district or open-enrollment charter school
shall notify a student's parent in writing at the beginning of the
school year that if the student is absent from school on 10 or more
days or parts of days within a six-month period in the same school
year or on three or more days or parts of days within a four-week
period:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to [prosecution under
Section 25.094 or to] referral to a truancy [juvenile] court [in a
county with a population of less than 100,000] for truant conduct
under Section 62.03(a) [that violates that section].
(c) The fact that a parent did not receive a notice under
Subsection (a) or (b) does not create a defense [to prosecution]
under Section 25.093 or 62.03(a) [25.094].
SECTION 13. Section 25.0951, Education Code, is amended to
read as follows:
Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
without excuse on 10 or more days or parts of days within a
six-month period in the same school year, a school district shall
within 10 school days of the student's 10th absence[:
[(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
[(2)] refer the student to a truancy [juvenile] court
for truant conduct [indicating a need for supervision] under
Section 62.03(a) [51.03(b)(2), Family Code].
(b) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period but
does not fail to attend school for the time described by Subsection
(a), the school district may[:
[(1) file a complaint against the student or the
student's parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
[(2)] refer the student to a truancy [juvenile] court
for truant conduct [indicating a need for supervision] under
Section 62.03(a) [51.03(b)(2), Family Code].
(c) If a student fails to attend school without excuse as
specified by Subsection (a) or (b), a school district may file a
complaint against the student's parent in a county, justice, or
municipal court for an offense under Section 25.093 if the school
district provides evidence of the parent's criminal negligence. In
this subsection [section], "parent" includes a person standing in
parental relation.
(d) A court shall dismiss a complaint [or referral] made by
a school district under Subsection (c) [under this section] that:
(1) does [is] not comply [made in compliance] with
this section;
(2) does not satisfy the elements required for the
offense;
(3) is not timely filed; or
(4) is otherwise defective.
SECTION 14. Section 25.0952, Education Code, is amended to
read as follows:
Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
TO NONATTENDANCE OFFENSE [SCHOOL ATTENDANCE-RELATED OFFENSES]. In
a proceeding based on a complaint under Section 25.093 [or 25.094],
the court shall, except as otherwise provided by this chapter, use
the procedures and exercise the powers authorized by Chapter 45,
Code of Criminal Procedure.
SECTION 15. Section 29.087(d), Education Code, is amended
to read as follows:
(d) A student is eligible to participate in a program
authorized by this section if:
(1) the student has been ordered by a court under
Section 64.03 [Article 45.054, Code of Criminal Procedure, as added
by Chapter 1514, Acts of the 77th Legislature, Regular Session,
2001,] or by the Texas Juvenile Justice Department [Youth
Commission] to:
(A) participate in a preparatory class for the
high school equivalency examination; or
(B) take the high school equivalency examination
administered under Section 7.111; or
(2) the following conditions are satisfied:
(A) the student is at least 16 years of age at the
beginning of the school year or semester;
(B) the student is a student at risk of dropping
out of school, as defined by Section 29.081;
(C) the student and the student's parent or
guardian agree in writing to the student's participation;
(D) at least two school years have elapsed since
the student first enrolled in ninth grade and the student has
accumulated less than one third of the credits required to graduate
under the minimum graduation requirements of the district or
school; and
(E) any other conditions specified by the
commissioner.
SECTION 16. Section 33.051(2), Education Code, is amended
to read as follows:
(2) "Missing child" means a child whose whereabouts
are unknown to the legal custodian of the child and:
(A) the circumstances of whose absence indicate
that the child did not voluntarily leave the care and control of the
custodian and that the taking of the child was not authorized by
law; or
(B) the child has engaged in conduct indicating a
need for supervision under Section 51.03(b)(2) [51.03(b)(3)],
Family Code.
SECTION 17. Title 2, Education Code, is amended by adding
Subtitle J to read as follows:
SUBTITLE J. TRUANCY COURT PROCEEDINGS
CHAPTER 62. GENERAL PROVISIONS
Sec. 62.01. SCOPE AND PURPOSE. (a) This subtitle details
the procedures and proceedings in cases involving allegations of
truant conduct.
(b) The purpose of this subtitle is to encourage school
attendance by creating simple civil judicial procedures through
which children are held accountable for excessive school absences.
Sec. 62.02. DEFINITIONS. In this subtitle:
(1) "Child" means a person who is 12 years of age or
older and younger than 18 years of age.
(2) "Juvenile court" means a court designated under
Section 51.04, Family Code, to exercise jurisdiction over
proceedings under Title 3, Family Code.
(3) "Qualified telephone interpreter" means a
telephone service that employs licensed court interpreters, as
defined by Section 157.001, Government Code.
(4) "Truancy court" means a court designated under
Section 62.04 to exercise jurisdiction over cases involving
allegations of truant conduct.
Sec. 62.03. TRUANT CONDUCT. (a) A child engages in truant
conduct if the child is required to attend school under Section
25.085 and fails to attend school:
(1) on 10 or more days or parts of days within a
six-month period in the same school year; or
(2) on three or more days or parts of days within a
four-week period.
(b) Truant conduct may be prosecuted only as a civil case in
a truancy court.
(c) It is an affirmative defense to an allegation of truant
conduct that one or more of the absences required to be proven have
been excused by a school official or by the court or that one or more
of the absences were involuntary, but only if there is an
insufficient number of unexcused or voluntary absences remaining to
constitute truant conduct. The burden is on the child to show by a
preponderance of the evidence that the absence has been or should be
excused or that the absence was involuntary. A decision by the
court to excuse an absence for purposes of this subsection does not
affect the ability of the school district to determine whether to
excuse the absence for another purpose.
Sec. 62.04. TRUANCY COURTS; JURISDICTION. (a) The
following are designated as truancy courts:
(1) in a county with a population of 1.75 million or
more, the constitutional county court;
(2) justice courts; and
(3) municipal courts.
(b) A truancy court has exclusive original jurisdiction
over cases involving allegations of truant conduct.
(c) A municipality may enter into an agreement with a
contiguous municipality or a municipality with boundaries that are
within one-half mile of the municipality seeking to enter into the
agreement to establish concurrent jurisdiction of the municipal
courts in the municipalities and provide original jurisdiction to a
municipal court in which a truancy case is brought as if the
municipal court were located in the municipality in which the case
arose.
(d) A truancy court retains jurisdiction over a person,
without regard to the age of the person, who was referred to the
court under Section 63.01 for engaging in truant conduct before the
person's 18th birthday, until final disposition of the case.
Sec. 62.05. COURT SESSIONS. A truancy court is considered
to be in session at all times.
Sec. 62.06. VENUE. Venue for a proceeding under this
subtitle is the county in which the alleged truant conduct
occurred.
Sec. 62.07. RIGHT TO JURY TRIAL. (a) A child alleged to
have engaged in truant conduct may demand a jury trial.
(b) The number of jurors in a case involving an allegation
of truant conduct is six. The state and the child are each entitled
to three peremptory challenges.
Sec. 62.08. WAIVER OF RIGHTS. A right granted to a child by
this subtitle or by the constitution or laws of this state or the
United States is waived in proceedings under this subtitle if:
(1) the right is one that may be waived;
(2) the child and the child's parent or guardian are
informed of the right, understand the right, understand the
possible consequences of waiving the right, and understand that
waiver of the right is not required;
(3) the child signs the waiver;
(4) the child's parent or guardian signs the waiver;
and
(5) the child's attorney signs the waiver, if the child
is represented by counsel.
Sec. 62.09. EFFECT OF ADJUDICATION. (a) An adjudication
of a child as having engaged in truant conduct is not a conviction
of crime. An order of adjudication does not impose any civil
disability ordinarily resulting from a conviction or operate to
disqualify the child in any civil service application or
appointment.
(b) The adjudication of a child as having engaged in truant
conduct may not be used in any subsequent court proceedings, other
than an appeal under this subtitle.
Sec. 62.10. BURDEN OF PROOF. A court or jury may not return
a finding that a child has engaged in truant conduct unless the
state has proved the conduct beyond a reasonable doubt.
Sec. 62.11. APPLICABLE RULES OF EVIDENCE. The Texas Rules
of Evidence applicable to criminal cases apply in a proceeding
under this subtitle.
Sec. 62.12. APPLICABLE STATUTES REGARDING DISCOVERY.
Discovery in a proceeding under this subtitle is governed by
Chapter 39, Code of Criminal Procedure.
Sec. 62.13. PROCEDURAL RULES. The supreme court may
promulgate rules of procedure applicable to proceedings under this
subtitle.
Sec. 62.14. INTERPRETERS. (a) When on the motion for
appointment of an interpreter by a party or on the motion of the
court, in any proceeding under this subtitle, the court determines
that the child, the child's parent or guardian, or a witness does
not understand and speak English, an interpreter must be sworn to
interpret for the person. Articles 38.30(a), (b), and (c), Code of
Criminal Procedure, apply in a proceeding under this subtitle. A
qualified telephone interpreter may be sworn to provide
interpretation services if an interpreter is not available to
appear in person before the court.
(b) In any proceeding under this subtitle, if a party
notifies the court that the child, the child's parent or guardian,
or a witness is deaf, the court shall appoint a qualified
interpreter to interpret the proceedings in any language, including
sign language, that the deaf person can understand. Articles
38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a
proceeding under this subtitle.
Sec. 62.15. SIGNATURES. Any requirement under this
subtitle that a document be signed or that a document contain a
person's signature, including the signature of a judge or a clerk of
the court, is satisfied if the document contains the signature of
the person as captured on an electronic device or as a digital
signature.
Sec. 62.16. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
provided by Subsection (b), a truancy court shall open a hearing
under this subtitle to the public unless the court, for good cause
shown, determines that the public should be excluded.
(b) The court may prohibit a person from personally
attending a hearing if the person is expected to testify at the
hearing and the court determines that the person's testimony would
be materially affected if the person hears other testimony at the
hearing.
Sec. 62.17. RECORDING OF PROCEEDINGS. (a) The proceedings
in a truancy court that is not a court of record may not be recorded.
(b) The proceedings in a truancy court that is a court of
record must be recorded by stenographic notes or by electronic,
mechanical, or other appropriate means.
Sec. 62.18. JUVENILE CASE MANAGERS. A truancy court may
employ a juvenile case manager in accordance with Article 45.056,
Code of Criminal Procedure, to provide services to children who
have been referred to the truancy court or who are in jeopardy of
being referred to the truancy court.
CHAPTER 63. INITIAL PROCEDURES
Sec. 63.01. INITIAL REFERRAL TO TRUANCY COURT. When a
truancy court receives a referral under Section 25.0915 and the
court is not required to dismiss the referral under that section,
the court shall forward the referral to a truant conduct prosecutor
who serves the court.
Sec. 63.02. TRUANT CONDUCT PROSECUTOR. A truant conduct
prosecutor may be any attorney who represents the state in civil or
criminal matters in a justice or municipal court or a
constitutional county court that is designated as a truancy court.
Sec. 63.03. REVIEW BY PROSECUTOR. (a) The truant conduct
prosecutor shall promptly review the facts described in a referral
received under Section 63.01.
(b) The prosecutor may, in the prosecutor's discretion,
determine whether to file a petition with the truancy court
requesting an adjudication of the child for truant conduct. If the
prosecutor decides not to file a petition requesting an
adjudication, the prosecutor shall inform the truancy court and the
school district of the decision.
(c) The prosecutor may not request an adjudication for
truant conduct if the referral was not made in compliance with
Section 25.0915.
Sec. 63.04. STATE'S PETITION. (a) A petition for an
adjudication of a child for truant conduct initiates an action of
the state against a child who has allegedly engaged in truant
conduct.
(b) The proceedings shall be styled "In the matter of
_______________, Child," identifying the child by the child's
initials only.
(c) The petition may be on information and belief.
(d) The petition must state:
(1) with reasonable particularity the time, place, and
manner of the acts alleged to constitute truant conduct;
(2) the name, age, and residence address, if known, of
the child who is the subject of the petition;
(3) the names and residence addresses, if known, of
the parent, guardian, or custodian of the child and of the child's
spouse, if any; and
(4) if the child's parent, guardian, or custodian does
not reside or cannot be found in the state, or if their places of
residence are unknown, the name and residence address of any known
adult relative residing in the county or, if there is none, the name
and residence address of the known adult relative residing nearest
to the location of the court.
(e) Filing fees may not be charged for the filing of the
state's petition.
Sec. 63.05. LIMITATIONS PERIOD. A petition may not be filed
after the 30th day after the date of the last absence giving rise to
the act of truant conduct.
Sec. 63.06. HEARING DATE. (a) After the petition has been
filed, the truancy court shall set a date and time for an
adjudication hearing.
(b) The hearing may not be held on or before the 10th day
after the date the petition is filed.
Sec. 63.07. SUMMONS. (a) After setting the date and time
of an adjudication hearing, the truancy court shall direct the
issuance of a summons to:
(1) the child named in the petition;
(2) the child's parent, guardian, or custodian;
(3) the child's guardian ad litem, if any; and
(4) any other person who appears to the court to be a
proper or necessary party to the proceeding.
(b) The summons must require the persons served to appear
before the court at the place, date, and time of the adjudication
hearing to answer the allegations of the petition. A copy of the
petition must accompany the summons. If a person, other than the
child, required to appear under this section fails to attend a
hearing, the truancy court may proceed with the hearing.
(c) The truancy court may endorse on the summons an order
directing the person having the physical custody or control of the
child to bring the child to the hearing.
(d) A party, other than the child, may waive service of
summons by written stipulation or by voluntary appearance at the
hearing.
Sec. 63.08. SERVICE OF SUMMONS. (a) If a person to be
served with a summons is in this state and can be found, the summons
shall be served on the person personally at least two days before
the date of the adjudication hearing. If the person cannot be
found, but the person's address in this state is known or can with
reasonable diligence be ascertained, the summons may be served by
mailing a copy by registered or certified mail, return receipt
requested, at least five days before the date of the hearing. If
the person is outside this state but can be found or the person's
address is known, or the person's whereabouts or address can with
reasonable diligence be ascertained, service of the summons may be
made by delivering a copy personally or mailing a copy by registered
or certified mail, return receipt requested, not later than the
fifth day before the date of the hearing.
(b) Service of the summons may be made by any suitable
person under the direction of the court.
Sec. 63.09. REPRESENTATION BY ATTORNEY. A child may be
represented by an attorney in a case under this subtitle.
Representation by an attorney is not required.
Sec. 63.10. CHILD'S ANSWER. After the petition has been
filed, the child may answer, orally or in writing, the petition at
or before the commencement of the hearing. If the child does not
answer, a general denial of the alleged truant conduct is assumed.
Sec. 63.11. GUARDIAN AD LITEM. (a) If a child appears
before the truancy court without a parent or guardian, or it appears
to the court that the child's parent or guardian is incapable or
unwilling to make decisions in the best interest of the child with
respect to proceedings under this subtitle, the court may appoint a
guardian ad litem to protect the interests of the child in the
proceedings.
(b) An attorney for a child may also be the child's guardian
ad litem. A law enforcement officer, probation officer, or other
employee of the truancy court may not be appointed as a guardian ad
litem.
(c) The court may order a child's parent or other person
responsible to support the child to reimburse the county or
municipality for the cost of the guardian ad litem. The court may
issue the order only after determining that the parent or other
responsible person has sufficient financial resources to offset the
cost of the child's guardian ad litem wholly or partly.
Sec. 63.12. ATTENDANCE AT HEARING. (a) The child must be
personally present at the adjudication hearing. The truancy court
may not proceed with the adjudication hearing in the absence of the
child.
(b) Each parent or guardian of a child and any
court-appointed guardian ad litem of a child is required to attend
the adjudication hearing.
(c) Subsection (b) does not apply to:
(1) a person for whom, for good cause shown, the court
excuses attendance;
(2) a person who is not a resident of this state; or
(3) a parent of a child for whom a managing conservator
has been appointed and the parent is not a conservator of the child.
Sec. 63.13. RIGHT TO REEMPLOYMENT. (a) An employer may
not terminate the employment of a permanent employee because the
employee is required under Section 63.12(b) to attend a hearing.
(b) Notwithstanding any other law, an employee whose
employment is terminated in violation of this section is entitled
to return to the same employment that the employee held when
notified of the hearing if the employee, as soon as practical after
the hearing, gives the employer actual notice that the employee
intends to return.
(c) A person who is injured because of a violation of this
section is entitled to:
(1) reinstatement to the person's former position;
(2) damages not to exceed an amount equal to six times
the amount of monthly compensation received by the person on the
date of the hearing; and
(3) reasonable attorney's fees in an amount approved
by the court.
(d) It is a defense to an action brought under this section
that the employer's circumstances changed while the employee
attended the hearing and caused reemployment to be impossible or
unreasonable. To establish a defense under this subsection, an
employer must prove that the termination of employment was because
of circumstances other than the employee's attendance at the
hearing.
Sec. 63.14. SUBPOENA OF WITNESS. A witness may be
subpoenaed in accordance with the procedures for the subpoena of a
witness under the Code of Criminal Procedure.
Sec. 63.15. CHILD ALLEGED TO BE MENTALLY ILL. (a) A party
may make a motion requesting that a petition alleging a child to
have engaged in truant conduct be dismissed because the child has a
mental illness, as defined by Section 571.003, Health and Safety
Code. In response to the motion, the truancy court shall
temporarily stay the proceedings to determine whether probable
cause exists to believe the child has a mental illness. In making a
determination, the court may:
(1) consider the motion, supporting documents,
professional statements of counsel, and witness testimony; and
(2) observe the child.
(b) If the court determines that probable cause exists to
believe that the child has a mental illness, the court shall dismiss
the petition. If the court determines that evidence does not exist
to support a finding that the child has a mental illness, the court
shall dissolve the stay and continue with the truancy court
proceedings.
CHAPTER 64. ADJUDICATION HEARING AND REMEDIES
Sec. 64.01. ADJUDICATION HEARING; JUDGMENT. (a) A child
may be found to have engaged in truant conduct only after an
adjudication hearing conducted in accordance with the provisions of
this subtitle.
(b) At the beginning of the adjudication hearing, the judge
of the truancy court shall explain to the child and the child's
parent, guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the
proceedings;
(3) the child's privilege against self-incrimination;
(4) the child's right to trial and to confrontation of
witnesses;
(5) the child's right to representation by an attorney
if the child is not already represented; and
(6) the child's right to a jury trial.
(c) Trial is by jury unless jury is waived in accordance
with Section 62.08. Jury verdicts under this subtitle must be
unanimous.
(d) Only material, relevant, and competent evidence in
accordance with the Texas Rules of Evidence applicable to criminal
cases and Chapter 38, Code of Criminal Procedure, may be considered
in the adjudication hearing.
(e) A child alleged to have engaged in truant conduct need
not be a witness against nor otherwise incriminate himself or
herself. An extrajudicial statement that was obtained without
fulfilling the requirements of this subtitle or of the constitution
of this state or the United States may not be used in an
adjudication hearing. A statement made by the child out of court is
insufficient to support a finding of truant conduct unless it is
corroborated wholly or partly by other evidence.
(f) At the conclusion of the adjudication hearing, the court
or jury shall find whether the child has engaged in truant conduct.
The finding must be based on competent evidence admitted at the
hearing. The child shall be presumed to have not engaged in truant
conduct and no finding that a child has engaged in truant conduct
may be returned unless the state has proved the conduct beyond a
reasonable doubt. In all jury cases the jury will be instructed
that the burden is on the state to prove that a child has engaged in
truant conduct beyond a reasonable doubt.
(g) If the court or jury finds that the child did not engage
in truant conduct, the court shall dismiss the case with prejudice.
(h) If the court or jury finds that the child did engage in
truant conduct, the court shall proceed to issue a judgment finding
the child has engaged in truant conduct and order the remedies the
court finds appropriate under Section 64.03. The jury is not
involved in ordering remedies for a child who has been adjudicated
as having engaged in truant conduct.
Sec. 64.02. REMEDIAL ACTIONS. (a) The truancy court shall
determine and order appropriate remedial actions in regard to a
child who has been found to have engaged in truant conduct.
(b) The truancy court shall orally pronounce the court's
remedial actions in the child's presence and enter those actions in
a written order.
(c) After pronouncing the court's remedial actions, the
court shall advise the child and the child's parent, guardian, or
guardian ad litem of:
(1) the child's right to appeal, as detailed in Chapter
65; and
(2) the procedures for the sealing of the child's
records under Section 66.01.
Sec. 64.03. REMEDIAL ORDER. (a) A truancy court may enter
a remedial order requiring a child who has been found to have
engaged in truant conduct to:
(1) attend school without unexcused absences;
(2) attend a preparatory class for the high school
equivalency examination administered under Section 7.111 if the
court determines that the individual is unlikely to do well in a
formal classroom environment due to the individual's age;
(3) if the child is at least 16 years of age, take the
high school equivalency examination administered under Section
7.111;
(4) attend a special program that the court determines
to be in the best interest of the child, including:
(A) an alcohol and drug abuse program;
(B) a rehabilitation program;
(C) a counseling program, including a
self-improvement program;
(D) a program that provides training in
self-esteem and leadership;
(E) a work and job skills training program;
(F) a program that provides training in
parenting, including parental responsibility;
(G) a program that provides training in manners;
(H) a program that provides training in violence
avoidance;
(I) a program that provides sensitivity
training; and
(J) a program that provides training in advocacy
and mentoring;
(5) complete not more than 50 hours of community
service on a project acceptable to the court; and
(6) participate for a specified number of hours in a
tutorial program covering the academic subjects in which the child
is enrolled that are provided by the school the child attends.
(b) A truancy court may not order a child who has been found
to have engaged in truant conduct to attend a juvenile justice
alternative education program.
(c) In addition to any other order authorized by this
section, a truancy court may order the Department of Public Safety
to suspend the driver's license or permit of a child who has been
found to have engaged in truant conduct. If the child does not have
a driver's license or permit, the court may order the Department of
Public Safety to deny the issuance of a license or permit to the
child. The period of the license or permit suspension or the order
that the issuance of a license or permit be denied may not extend
beyond the maximum time period that a remedial order is effective as
provided by Section 64.04.
Sec. 64.04. MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A
truancy court's remedial order under Section 64.03 is effective
until the later of:
(1) the date specified by the court in the order, which
may not be later than the 180th day after the date the order is
entered; or
(2) the last day of the school year in which the order
was entered.
Sec. 64.05. ORDERS AFFECTING PARENTS AND OTHERS. (a) If a
child has been found to have engaged in truant conduct, the truancy
court may:
(1) order the child and the child's parent to attend a
class for students at risk of dropping out of school that is
designed for both the child and the child's parent;
(2) order any person found by the court to have, by a
wilful act or omission, contributed to, caused, or encouraged the
child's truant conduct to do any act that the court determines to be
reasonable and necessary for the welfare of the child or to refrain
from doing any act that the court determines to be injurious to the
child's welfare;
(3) enjoin all contact between the child and a person
who is found to be a contributing cause of the child's truant
conduct;
(4) after notice to, and a hearing with, all persons
affected, order any person living in the same household with the
child to participate in social or psychological counseling to
assist in the child's rehabilitation;
(5) order the child's parent or other person
responsible for the child's support to pay all or part of the
reasonable costs of treatment programs in which the child is
ordered to participate if the court finds the child's parent or
person responsible for the child's support is able to pay the costs;
(6) order the child's parent to attend a program for
parents of students with unexcused absences that provides
instruction designed to assist those parents in identifying
problems that contribute to the child's unexcused absences and in
developing strategies for resolving those problems; and
(7) order the child's parent to perform not more than
50 hours of community service with the child.
(b) A person subject to an order proposed under Subsection
(a) is entitled to a hearing before the order is entered by the
court.
(c) On a finding by the court that a child's parents have
made a reasonable good faith effort to prevent the child from
engaging in truant conduct and that, despite the parents' efforts,
the child continues to engage in truant conduct, the court shall
waive any requirement for community service that may be imposed on a
parent under this section.
Sec. 64.06. LIABILITY FOR CLAIMS ARISING FROM COMMUNITY
SERVICE. (a) A municipality or county that establishes a program
to assist children and their parents in rendering community service
under this chapter may purchase an insurance policy protecting the
municipality or county against a claim brought by a person other
than the child or the child's parent for a cause of action that
arises from an act of the child or parent while rendering the
community service. The municipality or county is not liable for the
claim to the extent that damages are recoverable under a contract of
insurance or under a plan of self-insurance authorized by statute.
(b) The liability of the municipality or county for a claim
that arises from an action of the child or the child's parent while
rendering community service may not exceed $100,000 to a single
person and $300,000 for a single occurrence in the case of personal
injury or death, and $10,000 for a single occurrence of property
damage. Liability may not extend to punitive or exemplary damages.
(c) This section does not waive a defense, immunity, or
jurisdictional bar available to the municipality or county or its
officers or employees, nor shall this section be construed to
waive, repeal, or modify any provision of Chapter 101, Civil
Practice and Remedies Code.
Sec. 64.07. COURT COST. (a) If a child is found to have
engaged in truant conduct, the truancy court, after giving the
child, parent, or other person responsible for the child's support
a reasonable opportunity to be heard, shall order the child,
parent, or other person, if financially able to do so, to pay a
court cost of $50 to the clerk of the court.
(b) The court's order to pay the $50 court cost is not
effective unless the order is reduced to writing and signed by the
judge. The written order to pay the court cost may be part of the
court's order detailing the remedial actions in the case.
(c) The clerk of the court shall keep a record of the court
costs collected under this section and shall forward the funds to
the county treasurer, municipal treasurer, or person fulfilling the
role of a county treasurer or municipal treasurer, as appropriate.
(d) The court costs collected under this section shall be
deposited in a special account that can be used only to offset the
cost of the operations of the truancy court.
Sec. 64.08. HEARING TO MODIFY REMEDY. (a) A truancy court
may hold a hearing to modify any remedy imposed by the court. A
remedy may only be modified during the period the order is effective
under Section 64.04.
(b) There is no right to a jury at a hearing under this
section.
(c) A hearing to modify a remedy imposed by the court shall
be held on the petition of the child and the child's parent,
guardian, guardian ad litem, or attorney, the state, or the court.
Reasonable notice of a hearing to modify disposition shall be given
to all parties.
(d) Notwithstanding any other law, in considering a motion
to modify a remedy imposed by the court, the truancy court may
consider a written report from a school district official or
employee, juvenile case manager, or professional consultant in
addition to the testimony of witnesses. The court shall provide the
attorney for the child and the prosecuting attorney with access to
all written matters to be considered by the court. The court may
order counsel not to reveal items to the child or to the child's
parent, guardian, or guardian ad litem if the disclosure would
materially harm the treatment and rehabilitation of the child or
would substantially decrease the likelihood of receiving
information from the same or similar sources in the future.
(e) The truancy court shall pronounce, in the presence of
the child, the court's changes to the remedy, if any. The court
shall specifically state the new remedy and the court's reasons for
modifying the remedy in a written order. The court shall furnish a
copy of the order to the child.
Sec. 64.09. MOTION FOR NEW TRIAL. The order of a truancy
court may be challenged by filing a motion for new trial. Rules
505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion
for new trial.
CHAPTER 65. APPEAL
Sec. 65.01. RIGHT TO APPEAL. (a) The child or the state
may appeal any order of a truancy court.
(b) An appeal from a truancy court that is a court of record
shall be to a court of appeals. The case may be carried to the
supreme court by writ of error as in civil cases generally. On
appeal, the judgment of the truancy court is suspended.
(c) An appeal from a truancy court that is not a court of
record shall be to a juvenile court. The case must be tried de novo
in the juvenile court. This subtitle applies to the de novo trial
in the juvenile court. On appeal, the judgment of the truancy court
is vacated.
(d) A judgment of a juvenile court in a trial conducted
under Subsection (c) may be appealed in the same manner as an appeal
from a truancy court that is a court of record.
Sec. 65.02. GOVERNING LAW. (a) The appeal of an order of a
truancy court that is a court of record is governed by the Texas
Rules of Appellate Procedure.
(b) Rule 506, Texas Rules of Civil Procedure, applies to the
appeal of an order of a truancy court that is not a court of record
to a juvenile court in the same manner as the rule applies to an
appeal of a judgment of a justice court to a county court.
Sec. 65.03. COUNSEL ON APPEAL. (a) A child may be
represented by counsel on appeal.
(b) If the child and the child's parent, guardian, or
guardian ad litem request an appeal, the attorney who represented
the child before the truancy court shall file a notice of appeal
with the court that will hear the appeal and inform that court
whether that attorney will handle the appeal.
(c) An appeal serves to suspend the order of the truancy
court, regardless of whether the truancy court is a court of record.
(d) The appellate court may affirm, reverse, or modify the
order of the truancy court.
Sec. 65.04. STYLE OF CASE ON APPEAL. The child or the
child's family may not be identified in an appellate opinion
rendered in an appeal. The appellate opinion shall be styled, "In
the matter of __________, Child," identifying the child by the
child's initials only.
Sec. 65.05. TRANSCRIPT ON APPEAL FROM COURT OF RECORD.
(a) This section applies to an appeal from a truancy court that is
a court of record.
(b) An attorney retained to represent a child on appeal may
request a transcription of notes of the reporter be included in the
record on appeal. The attorney must obtain and pay for the
transcription and furnish the transcription to the clerk in
duplicate in time for inclusion in the record.
(c) In an appeal under this section, the truancy court shall
order the reporter to furnish a transcription without charge to the
attorney if the court finds, after hearing or on an affidavit filed
by the child's parent or other person responsible for support of the
child, that the parent or other responsible person is unable to pay
or to give security for the transcription.
(d) If a transcription has been provided without charge
under Subsection (c), payment is made from the general funds of the
county in which the truancy proceedings were held.
(e) The court reporter shall report any portion of the
proceedings requested by either party or directed by the court and
shall report the proceedings in question and answer form unless a
narrative transcript is requested.
CHAPTER 66. RECORDS
Sec. 66.01. SEALING OF RECORDS. (a) A child who has been
found to have engaged in truant conduct may apply, on or after the
child's 18th birthday, to the truancy court that made the finding to
seal the records relating to the allegation and finding of truant
conduct held by:
(1) the court;
(2) the truant conduct prosecutor; and
(3) the school district.
(b) The application must include the following information
or an explanation of why one or more of the following is not
included:
(1) the child's:
(A) full name;
(B) sex;
(C) race or ethnicity;
(D) date of birth;
(E) driver's license or identification card
number; and
(F) social security number;
(2) the dates on which the truant conduct was alleged
to have occurred; and
(3) if known, the cause number assigned to the
petition and the court and county in which the petition was filed.
(c) The truancy court shall order that the records be sealed
after determining the child complied with the remedies ordered by
the court in the case.
(d) The truancy court shall hold a hearing before sealing a
child's records under Subsection (c) unless the child waives the
right to a hearing in writing and the court and the truant conduct
prosecutor consent to the waiver. Reasonable notice of the hearing
must be given to:
(1) the child who made the application; and
(2) the truant conduct prosecutor.
(e) All index references to the records of the truancy court
that are ordered sealed shall be deleted not later than the 30th day
after the date of the sealing order.
(f) A truancy court, clerk of the court, truant conduct
prosecutor, or school district shall reply to a request for
information concerning a child's sealed truant conduct case that no
record exists with respect to the child.
(g) Inspection of the sealed records may be permitted by an
order of the truancy court on the petition of the person who is the
subject of the records and only by those persons named in the order.
(h) A person whose records have been sealed under this
section is not required in any proceeding or in any application for
employment, information, or licensing to state that the person has
been the subject of a proceeding under this subtitle. Any statement
that the person has never been found to have engaged in truant
conduct may not be held against the person in any criminal or civil
proceeding.
(i) On or after the fifth anniversary of a child's 16th
birthday, on the motion of the child or on the truancy court's own
motion, the truancy court may order the destruction of the child's
records that have been sealed under this section if the child has
not been convicted of a felony.
Sec. 66.02. CONFIDENTIALITY OF RECORDS. Records and files
created under this subtitle may be disclosed only to:
(1) the judge of the truancy court, the truant conduct
prosecutor, and the staff of the judge and prosecutor;
(2) an attorney for the child;
(3) a governmental agency if the disclosure is
required or authorized by law;
(4) a person or entity to whom the child is referred
for treatment or services if the agency or institution disclosing
the information has entered into a written confidentiality
agreement with the person or entity regarding the protection of the
disclosed information;
(5) the Texas Department of Criminal Justice and the
Texas Juvenile Justice Department for the purpose of maintaining
statistical records of recidivism and for diagnosis and
classification; or
(6) with leave of the truancy court, any other person,
agency, or institution having a legitimate interest in the
proceeding or in the work of the court.
Sec. 66.03. DESTRUCTION OF CERTAIN RECORDS. A truancy
court shall order the destruction of the records relating to
allegations of truant conduct if a prosecutor decides not to file a
petition for an adjudication of truant conduct after a review of the
referral under Section 63.03.
CHAPTER 67. ENFORCEMENT OF ORDERS
Sec. 67.01. CHILDREN IN CONTEMPT OF COURT. (a) If a child
fails to obey an order issued by a truancy court under Section
64.03(a), the truancy court, after providing notice and an
opportunity for a hearing, may find the child in contempt of court.
(b) If a truancy court finds a child in contempt of court
under Subsection (a) or a child is in direct contempt of court, the
court may:
(1) refer the child to the juvenile court in the county
for delinquent conduct under Section 51.03(a)(2), Family Code,
unless the child committed the contempt while 17 years of age or
older; or
(2) hold the child in contempt of court and order
either or both of the following:
(A) that the child pay a fine not to exceed $100;
or
(B) that the Department of Public Safety suspend
the child's driver's license or permit or, if the child does not
have a license or permit, order that the Department of Public Safety
deny the issuance of a license or permit to the child until the
child fully complies with the court's orders.
(c) A truancy court may not order the confinement of a child
for the child's failure to obey an order of the court issued under
Section 64.03(a).
(d) A truancy court that orders the suspension or denial of
a driver's license or permit under Subsection (b)(2)(B) shall
notify the Department of Public Safety on receiving proof of
compliance with the orders of the court and order the department to
revoke the suspension or denial of the license.
Sec. 67.02. PARENT OR OTHER PERSON IN CONTEMPT OF COURT.
(a) A truancy court may enforce the following orders by contempt:
(1) an order that a parent of a child, guardian of a
child, or any court-appointed guardian ad litem of a child attend an
adjudication hearing under Section 63.12(b);
(2) an order requiring a person other than a child to
take a particular action under Section 64.05(a);
(3) an order that a child's parent, or other person
responsible to support the child, reimburse the municipality or
county for the cost of the guardian ad litem appointed for the child
under Section 63.11(c); and
(4) an order that a parent, or person other than the
child, pay the $50 court cost under Section 64.07.
(b) A truancy court may find a parent or person other than
the child in direct contempt of the court.
(c) The penalty for a finding of contempt under Subsection
(a) or (b) is a fine in an amount not to exceed $100.
(d) In addition to the assessment of a fine under Subsection
(c), direct contempt of the truancy court by a parent or person
other than the child is punishable by:
(1) confinement in jail for a maximum of three days;
(2) a maximum of 40 hours of community service; or
(3) both confinement and community service.
Sec. 67.03. WRIT OF ATTACHMENT. A truancy court may issue a
writ of attachment for a person who violates an order entered under
Section 63.07(c). The writ of attachment is executed in the same
manner as in a criminal proceeding as provided by Chapter 24, Code
of Criminal Procedure.
Sec. 67.04. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR
OTHER ELIGIBLE PERSON. (a) The truancy court shall:
(1) provide notice to a person who is the subject of a
proposed truancy court order under Section 67.02; and
(2) provide a sufficient opportunity for the person to
be heard regarding the proposed order.
(b) A truancy court order under Section 67.02 must be in
writing and a copy promptly furnished to the parent or other
eligible person.
(c) The truancy court may require the parent or other
eligible person to provide suitable identification to be included
in the court's file. Suitable identification includes
fingerprints, a driver's license number, a social security number,
or similar indicia of identity.
Sec. 67.05. APPEAL. (a) The parent or other eligible
person against whom a final truancy court order has been entered
under Section 67.02 may appeal as provided by law from judgments
entered in civil cases.
(b) The pendency of an appeal initiated under this section
does not abate or otherwise affect the proceedings in the truancy
court involving the child.
Sec. 67.06. MOTION FOR ENFORCEMENT. (a) The state may
initiate enforcement of a truancy court order under Section 67.02
against a parent or person other than the child by filing a written
motion. In ordinary and concise language, the motion must:
(1) identify the provision of the order allegedly
violated and sought to be enforced;
(2) state specifically and factually the manner of the
person's alleged noncompliance;
(3) state the relief requested; and
(4) contain the signature of the party filing the
motion.
(b) The state must allege the particular violation by the
person of the truancy court order that the state had a reasonable
basis for believing the person was violating when the motion was
filed.
Sec. 67.07. NOTICE AND APPEARANCE. (a) On the filing of a
motion for enforcement, the truancy court shall by written notice
set the date, time, and place of the hearing and order the person
against whom enforcement is sought to appear and respond to the
motion.
(b) The notice must be given by personal service or by
certified mail, return receipt requested, on or before the 10th day
before the date of the hearing on the motion. The notice must
include a copy of the motion for enforcement. Personal service must
comply with the Code of Criminal Procedure.
(c) If a person moves to strike or specially excepts to the
motion for enforcement, the truancy court shall rule on the
exception or motion to strike before the court hears evidence on the
motion for enforcement. If an exception is sustained, the court
shall give the movant an opportunity to replead and continue the
hearing to a designated date and time without the requirement of
additional service.
(d) If a person who has been personally served with notice
to appear at the hearing does not appear, the truancy court may not
hold the person in contempt, but may issue a warrant for the arrest
of the person.
Sec. 67.08. CONDUCT OF ENFORCEMENT HEARING. (a) The
movant must prove beyond a reasonable doubt that the person against
whom enforcement is sought engaged in conduct constituting contempt
of a reasonable and lawful court order as alleged in the motion for
enforcement.
(b) The person against whom enforcement is sought has a
privilege not to be called as a witness or otherwise to incriminate
himself or herself.
(c) The truancy court shall conduct the enforcement hearing
without a jury.
(d) The truancy court shall include in the court's judgment:
(1) findings for each violation alleged in the motion
for enforcement; and
(2) the punishment, if any, to be imposed.
(e) If the person against whom enforcement is sought was not
represented by counsel during any previous court proceeding
involving a motion for enforcement, the person may, through
counsel, raise any defense or affirmative defense to the proceeding
that could have been asserted in the previous court proceeding that
was not asserted because the person was not represented by counsel.
(f) It is an affirmative defense to enforcement of a truancy
court order under Section 67.02 that the court did not provide the
parent or other eligible person with due process of law in the
proceeding in which the court entered the order.
SECTION 18. Section 51.02(15), Family Code, is amended to
read as follows:
(15) "Status offender" means a child who is accused,
adjudicated, or convicted for conduct that would not, under state
law, be a crime if committed by an adult, including:
(A) [truancy under Section 51.03(b)(2);
[(B)] running away from home under Section
51.03(b)(2) [51.03(b)(3)];
(B) [(C)] a fineable only offense under Section
51.03(b)(1) transferred to the juvenile court under Section
51.08(b), but only if the conduct constituting the offense would
not have been criminal if engaged in by an adult;
[(D) failure to attend school under Section
25.094, Education Code;]
(C) [(E)] a violation of standards of student
conduct as described by Section 51.03(b)(4) [51.03(b)(5)];
(D) [(F)] a violation of a juvenile curfew
ordinance or order;
(E) [(G)] a violation of a provision of the
Alcoholic Beverage Code applicable to minors only; or
(F) [(H)] a violation of any other fineable only
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
conduct constituting the offense would not have been criminal if
engaged in by an adult.
SECTION 19. Sections 51.03(a), (b), (e), and (f), Family
Code, are amended to read as follows:
(a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that
violates a penal law of this state or of the United States
punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court
under circumstances that would constitute contempt of that court
in:
(A) a justice or municipal court; [or]
(B) a county court for conduct punishable only by
a fine; or
(C) a truancy court;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, Alcoholic
Beverage Code, relating to driving under the influence of alcohol
by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) [the absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
[(3)] the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(3) [(4)] conduct prohibited by city ordinance or by
state law involving the inhalation of the fumes or vapors of paint
and other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(4) [(5)] an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(5) [(6)] conduct that violates a reasonable and
lawful order of a court entered under Section 264.305;
(6) [(7)] notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a)(1) or (2), Penal Code; or
(7) [(8)] notwithstanding Subsection (a)(1), conduct
that violates Section 43.261, Penal Code.
(e) For the purposes of Subsection (b)(2) [(b)(3)], "child"
does not include a person who is married, divorced, or widowed.
(f) Conduct [Except as provided by Subsection (g), conduct]
described under Subsection (b)(1) does not constitute conduct
indicating a need for supervision unless the child has been
referred to the juvenile court under Section 51.08(b).
SECTION 20. Section 51.13(e), Family Code, is amended to
read as follows:
(e) A finding that a child engaged in conduct indicating a
need for supervision as described by Section 51.03(b)(7)
[51.03(b)(8)] is a conviction only for the purposes of Sections
43.261(c) and (d), Penal Code.
SECTION 21. Section 54.0404(a), Family Code, is amended to
read as follows:
(a) If a child is found to have engaged in conduct
indicating a need for supervision described by Section 51.03(b)(7)
[51.03(b)(8)], the juvenile court may enter an order requiring the
child to attend and successfully complete an educational program
described by Section 37.218, Education Code, or another equivalent
educational program.
SECTION 22. Section 54.05(b), Family Code, is amended to
read as follows:
(b) Except for a commitment to the Texas Juvenile Justice
Department or to a post-adjudication secure correctional facility
under Section 54.04011[, a disposition under Section 54.0402,] or a
placement on determinate sentence probation under Section
54.04(q), all dispositions automatically terminate when the child
reaches the child's 18th birthday.
SECTION 23. Section 58.0022, Family Code, is amended to
read as follows:
Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
RUNAWAYS. A law enforcement officer who takes a child into custody
with probable cause to believe that the child has engaged in conduct
indicating a need for supervision as described by Section
51.03(b)(2) [51.03(b)(3)] and who after reasonable effort is unable
to determine the identity of the child, may fingerprint or
photograph the child to establish the child's identity. On
determination of the child's identity or that the child cannot be
identified by the fingerprints or photographs, the law enforcement
officer shall immediately destroy all copies of the fingerprint
records or photographs of the child.
SECTION 24. Section 58.003(c-3), Family Code, is amended to
read as follows:
(c-3) Notwithstanding Subsections (a) and (c) and subject
to Subsection (b), a juvenile court, on the court's own motion and
without a hearing, shall order the sealing of records concerning a
child found to have engaged in conduct indicating a need for
supervision described by Section 51.03(b)(6) [51.03(b)(7)] or
taken into custody to determine whether the child engaged in
conduct indicating a need for supervision described by Section
51.03(b)(6) [51.03(b)(7)]. This subsection applies only to records
related to conduct indicating a need for supervision described by
Section 51.03(b)(6) [51.03(b)(7)].
SECTION 25. Section 58.106(a), Family Code, is amended to
read as follows:
(a) Except as otherwise provided by this section,
information contained in the juvenile justice information system is
confidential information for the use of the department and may not
be disseminated by the department except:
(1) with the permission of the juvenile offender, to
military personnel of this state or the United States;
(2) to a person or entity to which the department may
grant access to adult criminal history records as provided by
Section 411.083, Government Code;
(3) to a juvenile justice agency;
(4) to the Texas Juvenile Justice Department [Youth
Commission and the Texas Juvenile Probation Commission] for
analytical purposes;
(5) to the office of independent ombudsman of the
Texas Juvenile Justice Department [Youth Commission]; and
(6) to a county, justice, or municipal court
exercising jurisdiction over a juvenile[, including a court
exercising jurisdiction over a juvenile under Section 54.021].
SECTION 26. Section 59.003(a), Family Code, is amended to
read as follows:
(a) Subject to Subsection (e), after a child's first
commission of delinquent conduct or conduct indicating a need for
supervision, the probation department or prosecuting attorney may,
or the juvenile court may, in a disposition hearing under Section
54.04 or a modification hearing under Section 54.05, assign a child
one of the following sanction levels according to the child's
conduct:
(1) for conduct indicating a need for supervision,
other than conduct described in Section 51.03(b)(3) or (4)
[51.03(b)(4) or (5)] or a Class A or B misdemeanor, the sanction
level is one;
(2) for conduct indicating a need for supervision
under Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A
or B misdemeanor, other than a misdemeanor involving the use or
possession of a firearm, or for delinquent conduct under Section
51.03(a)(2), the sanction level is two;
(3) for a misdemeanor involving the use or possession
of a firearm or for a state jail felony or a felony of the third
degree, the sanction level is three;
(4) for a felony of the second degree, the sanction
level is four;
(5) for a felony of the first degree, other than a
felony involving the use of a deadly weapon or causing serious
bodily injury, the sanction level is five;
(6) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony,
the sanction level is six; or
(7) for a felony of the first degree involving the use
of a deadly weapon or causing serious bodily injury, for an
aggravated controlled substance felony, or for a capital felony, if
the petition has been approved by a grand jury under Section 53.045,
or if a petition to transfer the child to criminal court has been
filed under Section 54.02, the sanction level is seven.
SECTION 27. Section 61.002(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a proceeding to enter a juvenile court order:
(1) for payment of probation fees under Section
54.061;
(2) for restitution under Sections 54.041(b) and
54.048;
(3) for payment of graffiti eradication fees under
Section 54.0461;
(4) for community service under Section 54.044(b);
(5) for payment of costs of court under Section
54.0411 or other provisions of law;
(6) requiring the person to refrain from doing any act
injurious to the welfare of the child under Section 54.041(a)(1);
(7) enjoining contact between the person and the child
who is the subject of a proceeding under Section 54.041(a)(2);
(8) ordering a person living in the same household
with the child to participate in counseling under Section
54.041(a)(3);
(9) [requiring a parent or guardian of a child found to
be truant to participate in an available program addressing truancy
under Section 54.041(f);
[(10)] requiring a parent or other eligible person to
pay reasonable attorney's fees for representing the child under
Section 51.10(e);
(10) [(11)] requiring the parent or other eligible
person to reimburse the county for payments the county has made to
an attorney appointed to represent the child under Section
51.10(j);
(11) [(12)] requiring payment of deferred prosecution
supervision fees under Section 53.03(d);
(12) [(13)] requiring a parent or other eligible
person to attend a court hearing under Section 51.115;
(13) [(14)] requiring a parent or other eligible
person to act or refrain from acting to aid the child in complying
with conditions of release from detention under Section 54.01(r);
(14) [(15)] requiring a parent or other eligible
person to act or refrain from acting under any law imposing an
obligation of action or omission on a parent or other eligible
person because of the parent's or person's relation to the child who
is the subject of a proceeding under this title;
(15) [(16)] for payment of fees under Section 54.0462;
or
(16) [(17)] for payment of the cost of attending an
educational program under Section 54.0404.
SECTION 28. Section 26.045(d), Government Code, is amended
to read as follows:
(d) A county court in a county with a population of 1.75
million or more has original jurisdiction over cases alleging a
violation of Section 25.093 [or 25.094], Education Code, or
alleging truant conduct under Section 62.03(a), Education Code.
SECTION 29. Section 29.003(i), Government Code, is amended
to read as follows:
(i) A municipality may enter into an agreement with a
contiguous municipality or a municipality with boundaries that are
within one-half mile of the municipality seeking to enter into the
agreement to establish concurrent jurisdiction of the municipal
courts in the municipalities and provide original jurisdiction to a
municipal court in which a case is brought as if the municipal court
were located in the municipality in which the case arose, for:
(1) all cases in which either municipality has
jurisdiction under Subsection (a); and
(2) cases that arise under Section 821.022, Health and
Safety Code, or Section 62.03(a) [25.094], Education Code.
SECTION 30. Section 54.1172(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint one or more part-time or
full-time magistrates to hear a matter alleging a violation of
Section 25.093 [or 25.094], Education Code, or alleging truant
conduct under Section 62.03(a), Education Code.
SECTION 31. Section 54.1952(a), Government Code, is amended
to read as follows:
(a) The county judge may appoint one or more part-time or
full-time magistrates to hear a matter alleging a violation of
Section 25.093 [or 25.094], Education Code, or alleging truant
conduct under Section 62.03(a), Education Code, referred to the
magistrate by a court having jurisdiction over the matter.
SECTION 32. Section 54.1955, Government Code, is amended to
read as follows:
Sec. 54.1955. POWERS. (a) Except as limited by an order of
the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a
case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a
case alleging a violation of Section 25.093 [or 25.094], Education
Code, and assess a fine or court costs or order community service in
satisfaction of a fine or costs in accordance with Article 45.049,
Code of Criminal Procedure;
(9) for a violation of Section 25.093, Education Code,
enter an order suspending a sentence or deferring a final
disposition that includes at least one of the requirements listed
in Article 45.051, Code of Criminal Procedure;
(10) for an uncontested adjudication of truant conduct
under Section 62.03, Education Code, accept a plea to the petition
or a stipulation of evidence, and take any other action authorized
under Subtitle J, Title 2, Education Code; and
(11) perform any act and take any measure necessary
and proper for the efficient performance of the duties required by
the referral order, including the entry of an order that includes at
least one of the remedial options [requirements] in Section 64.03,
Education Code [Article 45.054, Code of Criminal Procedure; and
[(11) if the magistrate finds that a child as defined
by Article 45.058, Code of Criminal Procedure, has violated an
order under Article 45.054, Code of Criminal Procedure, proceed as
authorized by Article 45.050, Code of Criminal Procedure].
(b) With respect to an issue of law or fact the ruling on
which could result in the dismissal of a prosecution under Section
25.093 [or 25.094], Education Code, or a case of truant conduct
under Section 62.03, Education Code, a magistrate may not rule on
the issue but may make findings, conclusions, and recommendations
on the issue.
SECTION 33. Section 54.1956, Government Code, is amended to
read as follows:
Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
CONDUCT. (a) On entry of a not guilty plea for a violation of
Section 25.093, Education Code, the magistrate shall refer the case
back to the referring court for all further pretrial proceedings
and a full trial on the merits before the court or a jury.
(b) On denial by a child of truant conduct, as defined by
Section 62.03(a), Education Code, the magistrate shall refer the
case to the appropriate truancy court for adjudication.
SECTION 34. Section 71.0352, Government Code, is amended to
read as follows:
Sec. 71.0352. JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL,
AND TRUANCY [JUVENILE] COURTS. As a component of the official
monthly report submitted to the Office of Court Administration of
the Texas Judicial System:
(1) a justice court, [and] municipal court, or truancy
court [courts] shall report the number of cases filed for [the
following offenses]:
(A) truant conduct under Section 62.03(a),
Education Code [failure to attend school under Section 25.094,
Education Code];
(B) the offense of parent contributing to
nonattendance under Section 25.093, Education Code; and
(C) a violation of a local daytime curfew
ordinance adopted under Section 341.905 or 351.903, Local
Government Code; and
(2) in cases in which a child fails to obey an order of
a justice court, [or] municipal court, or truancy court under
circumstances that would constitute contempt of court, the justice
court, [or] municipal court, or truancy court shall report the
number of incidents in which the child is:
(A) referred to the appropriate juvenile court
for delinquent conduct as provided by Article 45.050(c)(1), Code of
Criminal Procedure, or [and] Section 67.01(b)(1) [51.03(a)(2)],
Education [Family] Code; or
(B) held in contempt, fined, or denied driving
privileges as provided by Article 45.050(c)(2), Code of Criminal
Procedure, or Section 67.01(b)(2), Education Code.
SECTION 35. Section 102.021, Government Code, is amended to
read as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of parent contributing
to student nonattendance [truancy or contributing to truancy] (Art.
102.014, Code of Criminal Procedure) . . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) court cost for DNA testing for certain felonies
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
(14) court cost for DNA testing for the offense of
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
Criminal Procedure) . . . $50;
(15) court cost for DNA testing for certain felonies
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
(16) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12;
(17) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(18) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 122, 123, 124,
or 125, Government Code, or former law (Art. 102.0178, Code of
Criminal Procedure) . . . $60.
SECTION 36. Section 103.021, Government Code, is amended to
read as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant's
victim with an electronic receptor device as a condition of the
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
a misdemeanor offense or $100 for a felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children's advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42.12, Code of
Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42.12, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant's driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
[(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 45.055, Code of Criminal
Procedure) . . . $30 per application;]
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction; and
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due.
SECTION 37. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.035 to read as follows:
Sec. 103.035. ADDITIONAL COSTS IN TRUANCY CASES: EDUCATION
CODE. A party to a truancy case in a truancy court shall pay court
costs of $50 under Section 64.07, Education Code, if ordered by the
truancy court.
SECTION 38. The following laws are repealed:
(1) Articles 45.054 and 45.055, Code of Criminal
Procedure;
(2) Section 25.094, Education Code; and
(3) Sections 51.03(d), (e-1), and (g), 51.04(h),
51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1),
Family Code.
SECTION 39. The changes in law made by this Act apply only
to an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect on the date the offense was committed or the conduct
occurred, and the former law is continued in effect for that
purpose. For purposes of this section, an offense is committed or
conduct occurs before the effective date of this Act if any element
of the offense or conduct occurs before that date.
SECTION 40. To the extent of any conflict, this Act prevails
over another Act of the 84th Legislature, Regular Session, 2015,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 41. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
* * * * *