Texas 2015 - 84th Regular

Texas Senate Bill SB106 Compare Versions

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1		-	By: Whitmire, Bettencourt, Ellis S.B. No. 106
2		-	(In the Senate - Filed November 10, 2014; January 27, 2015,
3		-	read first time and referred to Committee on Criminal Justice;
4		-	April 7, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 6, Nays 1; April 7, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 106 By: Whitmire
	1	+	By: Whitmire, et al. S.B. No. 106
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to court jurisdiction and procedures relating to truancy;
14	7		providing criminal penalties; imposing a court cost.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
17	10		amended to read as follows:
18	11		(g) A municipality may enter into an agreement with a
19	12		contiguous municipality or a municipality with boundaries that are
20	13		within one-half mile of the municipality seeking to enter into the
21	14		agreement to establish concurrent jurisdiction of the municipal
22	15		courts in the municipalities and provide original jurisdiction to a
23	16		municipal court in which a case is brought as if the municipal court
24	17		were located in the municipality in which the case arose, for:
25	18		(1) all cases in which either municipality has
26	19		jurisdiction under Subsection (a); and
27	20		(2) cases that arise under Section 821.022, Health and
28	21		Safety Code[, or Section 25.094, Education Code].
29	22		SECTION 2. Articles 45.0216(f) and (g), Code of Criminal
30	23		Procedure, are amended to read as follows:
31	24		(f) The court shall order the conviction, together with all
32	25		complaints, verdicts, sentences, and prosecutorial and law
33	26		enforcement records, and any other documents relating to the
34	27		offense, expunged from the person's record if the court finds that:
35	28		(1) for a person applying for the expunction of a
36	29		conviction for an offense described by Section 8.07(a)(4) or (5),
37	30		Penal Code, the person was not convicted of any other offense
38	31		described by Section 8.07(a)(4) or (5), Penal Code, while the
39	32		person was a child; and
40	33		(2) for a person applying for the expunction of a
41	34		conviction for an offense described by Section 43.261, Penal Code,
42	35		the person was not found to have engaged in conduct indicating a
43	36		need for supervision described by Section 51.03(b)(7)
44	37		[51.03(b)(8)], Family Code, while the person was a child.
45	38		(g) This article does not apply to any offense otherwise
46	39		covered by:
47	40		(1) Chapter 106, Alcoholic Beverage Code; or
48	41		(2) Chapter 161, Health and Safety Code[; or
49	42		[(3) Section 25.094, Education Code].
50	43		SECTION 3. Subchapter B, Chapter 45, Code of Criminal
51	44		Procedure, is amended by adding Article 45.0541 to read as follows:
52		-	Art. 45.0541. ~~AUTOMATIC~~ EXPUNCTION OF ~~TRUANCY RECORDS.~~
53		-	(a) In this article, "truancy offense" means an offense ~~committed~~
54		-	under the former Section 25.094, Education Code.
	45	+	Art. 45.0541. EXPUNCTION OF FAILURE TO ATTEND SCHOOL
	46	+	RECORDS. (a) In this article, "truancy offense" means an offense
	47	+	committed under the former Section 25.094, Education Code.
55	48		(b) An individual who has been convicted of a truancy
56	49		offense or has had a complaint for a truancy offense dismissed is
57	50		entitled to have the conviction or complaint and records relating
58		-	to the conviction or complaint automatically expunged.
59		-	(c) The court in which the individual was convicted or a
60		-	complaint for a truancy offense was filed shall order the
61		-	conviction, complaints, verdicts, sentences, and other documents
62		-	relating to the offense, including any documents in the possession
63		-	of a school district or law enforcement agency, to be expunged from
64		-	the individual's record. After entry of the order, the individual
65		-	is released from all disabilities resulting from the conviction or
66		-	complaint, and the conviction or complaint may not be shown or made
67		-	known for any purpose. The court shall inform the individual of the
68		-	expunction.
69		-	SECTION 4. Articles 45.056(a) and (c), Code of Criminal
70		-	Procedure, as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B.
71		-	393), Acts of the 83rd Legislature, Regular Session, 2013, are
72		-	reenacted and amended to read as follows:
	51	+	to the conviction or complaint expunged.
	52	+	(c) Regardless of whether the individual has filed a
	53	+	petition for expunction, the court in which the individual was
	54	+	convicted or a complaint for a truancy offense was filed shall order
	55	+	the conviction, complaints, verdicts, sentences, and other
	56	+	documents relating to the offense, including any documents in the
	57	+	possession of a school district or law enforcement agency, to be
	58	+	expunged from the individual's record. After entry of the order,
	59	+	the individual is released from all disabilities resulting from the
	60	+	conviction or complaint, and the conviction or complaint may not be
	61	+	shown or made known for any purpose. The court shall inform the
	62	+	individual of the expunction by sending a notice to the
	63	+	individual's last known address.
	64	+	SECTION 4. Article 45.056(a), Code of Criminal Procedure,
	65	+	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
	66	+	the 83rd Legislature, Regular Session, 2013, is reenacted and
	67	+	amended to read as follows:
73	68		(a) On approval of the commissioners court, city council,
74		-	[school district board of trustees,] juvenile board, or other
	69	+	school district board of trustees, juvenile board, or other
75	70		appropriate authority, a county court, justice court, municipal
76		-	court, [school district,] juvenile probation department, or other
	71	+	court, school district, juvenile probation department, or other
77	72		appropriate governmental entity may:
78	73		(1) employ a case manager to provide services in cases
79	74		involving juvenile offenders who are before a court consistent with
80	75		the court's statutory powers or referred to a court by a school
81	76		administrator or designee for misconduct that would otherwise be
82	77		within the court's statutory powers prior to a case being filed,
83	78		with the consent of the juvenile and the juvenile's parents or
84	79		guardians;
85	80		(2) employ one or more juvenile case managers who:
86	81		(A) shall assist the court in administering the
87	82		court's juvenile docket and in supervising the court's orders in
88	83		juvenile cases; and
89	84		(B) may provide:
90	85		(i) prevention services to a child
91	86		considered at risk of entering the juvenile justice system; and
92	87		(ii) intervention services to juveniles
93	88		engaged in misconduct before cases are filed, excluding traffic
94	89		offenses; or
95	90		(3) agree in accordance with Chapter 791, Government
96	91		Code, with any appropriate governmental entity to jointly employ a
97	92		case manager or to jointly contribute to the costs of a case manager
98	93		employed by one governmental entity to provide services described
99	94		by Subdivisions (1) and (2).
100		-	(c) An entity that jointly employs a case manager under
101		-	Subsection (a)(3) employs a juvenile case manager for purposes of
102		-	Chapter 102 of this code and Chapter 102, Government Code. [A
103		-	county or justice court on approval of the commissioners court or a
104		-	municipality or municipal court on approval of the city council may
105		-	employ one or more juvenile case managers who:
106		-	[(1) shall assist the court in administering the
107		-	court's juvenile docket and in supervising its court orders in
108		-	juvenile cases; and
109		-	[(2) may provide:
110		-	[(A) prevention services to a child considered
111		-	at-risk of entering the juvenile justice system; and
112		-	[(B) intervention services to juveniles engaged
113		-	in misconduct prior to cases being filed, excluding traffic
114		-	offenses.]
115	95		SECTION 5. Article 102.014(d), Code of Criminal Procedure,
116	96		is amended to read as follows:
117	97		(d) A person convicted of an offense under Section 25.093
118	98		[or 25.094], Education Code, shall pay as taxable court costs $20 in
119	99		addition to other taxable court costs. The additional court costs
120	100		under this subsection shall be collected in the same manner that
121	101		other fines and taxable court costs in the case are collected.
122		-	SECTION 6. (a) Section 7.111(a), Education Code, as ~~amended~~
123		-	by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of ~~the 83rd~~
124		-	Legislature, Regular Session, 2013, is reenacted to read as
125		-	follows:
	102	+	SECTION 6. (a) Section 7.111(a), Education Code, as
	103	+	amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of
	104	+	the 83rd Legislature, Regular Session, 2013, is reenacted to read
	105	+	as follows:
126	106		(a) The board shall provide for the administration of high
127	107		school equivalency examinations.
128	108		(b) Section 7.111(a-1), Education Code, is amended to
129	109		conform to the amendment of Section 7.111(a), Education Code, by
130	110		Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
131	111		Session, 2013, and is further amended to read as follows:
132	112		(a-1) A person who does not have a high school diploma may
133	113		take the examination in accordance with rules adopted by the board
134	114		if the person is:
135	115		(1) over 17 years of age;
136	116		(2) 16 years of age or older and:
137	117		(A) is enrolled in a Job Corps training program
138	118		under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
139	119		et seq.), and its subsequent amendments;
140	120		(B) a public agency providing supervision of the
141	121		person or having custody of the person under a court order
142	122		recommends that the person take the examination; or
143	123		(C) is enrolled in the Texas Military
144	124		Department's [adjutant general's department's] Seaborne ChalleNGe
145	125		Corps; or
146	126		(3) required to take the examination under a court
147		-	order issued under Section 64.03(a)(3).
	127	+	order issued under Section 25A.103(a)(3).
148	128		SECTION 7. Section 25.085, Education Code, is amended by
149		-	amending Subsections (e) and (f) and adding Subsections (g) and (h)
150		-	to read as follows:
	129	+	amending Subsections (b), (e), and (f) and adding Subsections (g)
	130	+	and (h) to read as follows:
	131	+	(b) Unless specifically exempted by Section 25.086, a child
	132	+	who is at least six years of age, or who is younger than six years of
	133	+	age and has previously been enrolled in first grade, and who has not
	134	+	yet reached the child's 19th [18th] birthday shall attend school.
151	135		(e) A person who voluntarily enrolls in school or
152		-	voluntarily attends school after the person's 18th birthday ~~shall~~
153		-	attend school each school day for the entire period the ~~program of~~
154		-	instruction is offered. A school district may revoke for ~~the~~
155		-	remainder of the school year the enrollment of a person who has ~~more~~
156		-	than five absences in a semester that are not excused under ~~Section~~
157		-	25.087, except a school district may not revoke the ~~enrollment of a~~
158		-	person under this subsection on a day on which the ~~person is~~
159		-	physically present at school. A person whose enrollment ~~is revoked~~
160		-	under this subsection may be considered an unauthorized ~~person on~~
161		-	school district grounds for purposes of Section 37.107.
	136	+	voluntarily attends school after the person's 19th [18th] birthday
	137	+	shall attend school each school day for the entire period the
	138	+	program of instruction is offered. A school district may revoke for
	139	+	the remainder of the school year the enrollment of a person who has
	140	+	more than five absences in a semester that are not excused under
	141	+	Section 25.087, except a school district may not revoke the
	142	+	enrollment of a person under this subsection on a day on which the
	143	+	person is physically present at school. A person whose enrollment
	144	+	is revoked under this subsection may be considered an unauthorized
	145	+	person on school district grounds for purposes of Section 37.107.
162	146		(f) The board of trustees of a school district may adopt a
163	147		policy requiring a person described by Subsection (e) who is under
164	148		21 years of age to attend school until the end of the school year.
165		-	Section 62.03(a) does not apply [25.094 applies] to a person
	149	+	Section 25A.003(a) does not apply [25.094 applies] to a person
166	150		subject to a policy adopted under this subsection. Sections 25.093
167	151		and 25.095 do not apply to the parent of a person subject to a policy
168	152		adopted under this subsection.
169	153		(g) After the third unexcused absence of a person described
170	154		by Subsection (e), a school district shall issue a warning letter to
171	155		the person that states the person's enrollment may be revoked for
172	156		the remainder of the school year if the person has more than five
173	157		unexcused absences in a semester.
174	158		(h) As an alternative to revoking a person's enrollment
175	159		under Subsection (e), a school district may impose a behavior
176	160		improvement plan described by Section 25.0915(a-1)(1).
177	161		SECTION 8. Sections 25.091(a) and (b), Education Code, are
178	162		amended to read as follows:
179	163		(a) A peace officer serving as an attendance officer has the
180	164		following powers and duties concerning enforcement of compulsory
181	165		school attendance requirements:
182	166		(1) to investigate each case of a violation of
183	167		compulsory school attendance requirements referred to the peace
184	168		officer;
185	169		(2) to enforce compulsory school attendance
186	170		requirements by:
187	171		(A) applying truancy prevention measures adopted
188	172		under Section 25.0915 to the student; and
189	173		(B) if the truancy prevention measures fail to
190	174		meaningfully address the student's conduct:
191	175		(i) referring the student to a truancy
192	176		court [juvenile court or filing a complaint against the student in a
193	177		county, justice, or municipal court] if the student has unexcused
194		-	absences for the amount of time specified under Section 62.03(a)
	178	+	absences for the amount of time specified under Section 25A.003(a)
195	179		[25.094 or under Section 51.03(b)(2), Family Code]; or
196	180		(ii) filing a complaint in a county,
197	181		justice, or municipal court against a parent who violates Section
198	182		25.093;
199	183		(3) to serve court-ordered legal process;
200	184		(4) to review school attendance records for compliance
201	185		by each student investigated by the officer;
202	186		(5) to maintain an investigative record on each
203	187		compulsory school attendance requirement violation and related
204	188		court action and, at the request of a court, the board of trustees
205	189		of a school district, or the commissioner, to provide a record to
206	190		the individual or entity requesting the record; and
207	191		(6) to make a home visit or otherwise contact the
208	192		parent of a student who is in violation of compulsory school
209	193		attendance requirements, except that a peace officer may not enter
210	194		a residence without the permission of the parent of a student
211	195		required under this subchapter to attend school or of the tenant or
212	196		owner of the residence except to lawfully serve court-ordered legal
213	197		process on the parent[; and
214	198		[(7) to take a student into custody with the
215	199		permission of the student's parent or in obedience to a
216	200		court-ordered legal process].
217	201		(b) An attendance officer employed by a school district who
218	202		is not commissioned as a peace officer has the following powers and
219	203		duties with respect to enforcement of compulsory school attendance
220	204		requirements:
221	205		(1) to investigate each case of a violation of the
222	206		compulsory school attendance requirements referred to the
223	207		attendance officer;
224	208		(2) to enforce compulsory school attendance
225	209		requirements by:
226	210		(A) applying truancy prevention measures adopted
227	211		under Section 25.0915 to the student; and
228	212		(B) if the truancy prevention measures fail to
229	213		meaningfully address the student's conduct:
230	214		(i) referring the student to a truancy
231	215		court [juvenile court or filing a complaint against the student in a
232	216		county, justice, or municipal court] if the student has unexcused
233		-	absences for the amount of time specified under Section 62.03(a)
	217	+	absences for the amount of time specified under Section 25A.003(a)
234	218		[25.094 or under Section 51.03(b)(2), Family Code]; and
235	219		(ii) filing a complaint in a county,
236	220		justice, or municipal court against a parent who violates Section
237	221		25.093;
238	222		(3) to monitor school attendance compliance by each
239	223		student investigated by the officer;
240	224		(4) to maintain an investigative record on each
241	225		compulsory school attendance requirement violation and related
242	226		court action and, at the request of a court, the board of trustees
243	227		of a school district, or the commissioner, to provide a record to
244	228		the individual or entity requesting the record;
245	229		(5) to make a home visit or otherwise contact the
246	230		parent of a student who is in violation of compulsory school
247	231		attendance requirements, except that the attendance officer may not
248	232		enter a residence without permission of the parent or of the owner
249	233		or tenant of the residence; and
250	234		(6) at the request of a parent, to escort a student
251	235		from any location to a school campus to ensure the student's
252	236		compliance with compulsory school attendance requirements[; and
253	237		[(7) if the attendance officer has or is informed of a
254	238		court-ordered legal process directing that a student be taken into
255	239		custody and the school district employing the officer does not
256	240		employ its own police department, to contact the sheriff,
257	241		constable, or any peace officer to request that the student be taken
258	242		into custody and processed according to the legal process].
259		-	SECTION 9. Section 25.0915, Education Code, is amended by
260		-	~~amending Subsections (a), (b), and (c) and adding Subsections~~
261		-	~~(a-1), (a-2), (a-3), (d), (e), (f),~~ and ~~(g) to read as follows:~~
262		-	(a) A school district shall adopt truancy ~~prevention~~
263		-	measures designed to:
	243	+	SECTION 9. Section 25.0915, Education Code, is amended to
	244	+	read as follows:
	245	+	Sec. 25.0915. TRUANCY PREVENTION MEASURES[; REFERRAL AND
	246	+	FILING REQUIREMENT]. (a) A school district shall adopt truancy
	247	+	prevention measures designed to:
264	248		(1) address student conduct related to truancy in the
265	249		school setting before the student engages in conduct described by
266		-	Section 62.03(a); and
	250	+	Section 25A.003(a); and
267	251		(2) minimize the need for referrals to truancy
268		-	[juvenile] court for conduct described by Section 62.03(a)
	252	+	[juvenile] court for conduct described by Section 25A.003(a)
269	253		[51.03(b)(2), Family Code; and
270	254		[(3) minimize the filing of complaints in county,
271	255		justice, and municipal courts alleging a violation of Section
272	256		25.094].
273	257		(a-1) As a truancy prevention measure under Subsection (a),
274	258		a school district shall take one or more of the following actions:
275	259		(1) impose:
276	260		(A) a behavior improvement plan on the student
277	261		that must be signed by an employee of the school, that the school
278	262		district has made a good faith effort to have signed by the student
279	263		and the student's parent or guardian, and that includes:
280	264		(i) a specific description of the behavior
281	265		that is required or prohibited for the student;
282	266		(ii) the period for which the plan will be
283	267		effective, not to exceed 45 school days after the date the contract
284	268		becomes effective; or
285	269		(iii) the penalties for additional
286	270		absences, including additional disciplinary action or the referral
287	271		of the student to a truancy court; or
288	272		(B) school-based community service; or
289	273		(2) refer the student to counseling, community-based
290	274		services, or other in-school or out-of-school services aimed at
291	275		addressing the student's truancy.
292	276		(a-2) A referral made under Subsection (a-1)(2) may include
293	277		participation by the child's parent or guardian if necessary.
294	278		(a-3) A school district shall offer additional counseling
295	279		to a student and may not refer the student to truancy court if the
296	280		school determines that the student's truancy is the result of:
297	281		(1) pregnancy;
298	282		(2) being in the state foster program;
299	283		(3) homelessness; or
300	284		(4) being the principal income earner for the
301	285		student's family.
	286	+	(a-4) If a student fails to attend school without excuse on
	287	+	three or more days or parts of days within a four-week period but
	288	+	does not fail to attend school for the time described by Section
	289	+	25.0951(a), the school district shall initiate truancy prevention
	290	+	measures under this section on the student.
302	291		(b) Each referral to truancy [juvenile] court for conduct
303		-	described by Section 62.03(a) [51.03(b)(2), Family Code, or
	292	+	described by Section 25A.003(a) [51.03(b)(2), Family Code, or
304	293		complaint filed in county, justice, or municipal court alleging a
305	294		violation by a student of Section 25.094] must:
306	295		(1) be accompanied by a statement from the student's
307	296		school certifying that:
308	297		(A) the school applied the truancy prevention
309		-	measures adopted under Subsection (a) to the student; and
	298	+	measures adopted under Subsection (a) or (a-4) to the student; and
310	299		(B) the truancy prevention measures failed to
311	300		meaningfully address the student's school attendance; and
312	301		(2) specify whether the student is eligible for or
313	302		receives special education services under Subchapter A, Chapter 29.
314	303		(c) A truancy court shall dismiss a petition filed by a
315		-	truant conduct prosecutor under Section 63.04 if the court
	304	+	truant conduct prosecutor under Section 25A.054 if the court
316	305		determines that the school district's referral:
317	306		(1) does [complaint or referral made by a school
318	307		district under this section that is] not comply [made in
319	308		compliance] with Subsection (b);
320	309		(2) does not satisfy the elements required for truant
321	310		conduct;
322		-	(3) is not timely filed; or
323		-	(4) is otherwise defective.
	311	+	(3) is not timely filed, unless the school district
	312	+	delayed the referral under Section 25.0951(d); or
	313	+	(4) is otherwise substantively defective.
324	314		(d) Except as provided by Subsection (e), a school district
325		-	shall employ a truancy prevention facilitator ~~to implement the~~
326		-	truancy prevention measures required by ~~this section and any other~~
327		-	effective truancy prevention measures as ~~determined by the school~~
328		-	district or campus. At least annually, the ~~truancy prevention~~
329		-	facilitator shall meet to discuss effective ~~truancy prevention~~
330		-	measures with a case manager or other individual ~~designated by a~~
331		-	truancy court to provide services to students of the ~~school~~
332		-	district in truancy cases.
	315	+	shall employ a truancy prevention facilitator or juvenile case
	316	+	manager to implement the truancy prevention measures required by
	317	+	this section and any other effective truancy prevention measures as
	318	+	determined by the school district or campus. At least annually, the
	319	+	truancy prevention facilitator shall meet to discuss effective
	320	+	truancy prevention measures with a case manager or other individual
	321	+	designated by a truancy court to provide services to students of the
	322	+	school district in truancy cases.
333	323		(e) Instead of employing a truancy prevention facilitator,
334		-	a school district may designate an existing district employee to
335		-	implement the truancy prevention measures ~~required by this section~~
336		-	and any other effective truancy prevention ~~measures as determined~~
337		-	by the school district or campus.
	324	+	a school district may designate an existing district employee or
	325	+	juvenile case manager to implement the truancy prevention measures
	326	+	required by this section and any other effective truancy prevention
	327	+	measures as determined by the school district or campus.
338	328		(f) The agency shall adopt rules:
339	329		(1) creating minimum standards for truancy prevention
340	330		measures adopted by a school district under this section; and
341	331		(2) establishing a set of best practices for truancy
342	332		prevention measures.
343	333		(g) The agency shall adopt rules to provide for sanctions
344	334		for a school district found to be not in compliance with this
345	335		section.
346	336		SECTION 10. Sections 25.0916(a), (c), (d), (f), (h), and
347	337		(i), Education Code, are amended to read as follows:
348	338		(a) This section applies only to a county with two or more
349		-	courts hearing truancy cases [:
	339	+	courts hearing truancy cases and two or more school districts[:
350	340		[(1) with a population greater than 1.5 million; and
351	341		[(2) that includes at least:
352	342		[(A) 15 school districts with the majority of
353	343		district territory in the county; and
354	344		[(B) one school district with a student
355	345		enrollment of 50,000 or more and an annual dropout rate spanning
356	346		grades 9-12 of at least five percent, computed in accordance with
357	347		standards and definitions adopted by the National Center for
358	348		Education Statistics of the United States Department of Education].
359	349		(c) Not later than September 1, 2016 [2013], the county
360	350		judge and the mayor of the municipality in the county with the
361	351		greatest population shall each appoint one member to serve on the
362	352		committee as a representative of each of the following:
363	353		(1) a juvenile [district] court;
364	354		(2) a municipal court;
365	355		(3) the office of a justice of the peace;
366	356		(4) the superintendent or designee of an independent
367	357		school district;
368		-	(5) an open-enrollment charter school;
369		-	(6) the office of the prosecutor with felony
	358	+	(5) an open-enrollment charter school, if one exists
	359	+	in the county;
	360	+	(6) the office of the prosecutor with original truancy
370	361		jurisdiction in the county [district attorney]; and
371	362		(7) the general public.
372	363		(d) Not later than September 1, 2016 [2013], the county
373	364		judge shall appoint to serve on the committee one member from the
374	365		house of representatives and one member from the senate who are
375	366		members of the respective standing legislative committees with
376	367		primary jurisdiction over public education.
377	368		(f) Not later than September 1, 2017 [2014], the committee
378	369		shall recommend:
379	370		(1) a uniform process for filing truancy cases with
380	371		the judicial system;
381	372		(2) uniform administrative procedures;
382	373		(3) uniform deadlines for processing truancy cases;
383	374		(4) effective prevention, intervention, and diversion
384	375		methods to reduce truancy and referrals to a county, justice, or
385	376		municipal court;
386	377		(5) a system for tracking truancy information and
387	378		sharing truancy information among school districts and
388	379		open-enrollment charter schools in the county; and
389	380		(6) any changes to statutes or state agency rules the
390	381		committee determines are necessary to address truancy.
391	382		(h) The committee's presiding officer shall issue a report
392	383		not later than December 1, 2017 [2015], on the implementation of the
393	384		recommendations and compliance with state truancy laws by a school
394	385		district located in the county.
395	386		(i) This section expires January 1, 2018 [2016].
396	387		SECTION 11. Section 25.093, Education Code, is amended by
397	388		amending Subsections (a) and (c) and adding Subsection (c-1) to
398	389		read as follows:
399	390		(a) If a warning is issued as required by Section 25.095(a),
400	391		the parent with criminal negligence fails to require the child to
401	392		attend school as required by law, and the child has absences for the
402		-	amount of time specified under Section 62.03(a) [25.094], the
	393	+	amount of time specified under Section 25A.003(a) [25.094], the
403	394		parent commits an offense.
404		-	(c) An offense under Subsection (a) is a Class C
405		-	misdemeanor, punishable by ~~a fine~~ not to exceed:
	395	+	(c) An offense under Subsection (a) is a [Class C]
	396	+	misdemeanor, punishable by fine only, in an amount not to exceed:
406	397		(1) $100 for a first offense;
407	398		(2) $200 for a second offense;
408	399		(3) $300 for a third offense;
409	400		(4) $400 for a fourth offense; or
410	401		(5) $500 for a fifth or subsequent offense.
411	402		(c-1) Each day the child remains out of school may
412	403		constitute a separate offense. Two or more offenses under
413	404		Subsection (a) may be consolidated and prosecuted in a single
414	405		action. If the court orders deferred disposition under Article
415	406		45.051, Code of Criminal Procedure, the court may require the
416	407		defendant to provide personal services to a charitable or
417	408		educational institution as a condition of the deferral.
418		-	SECTION 12. Sections 25.095(a) and (c), Education ~~Code, are~~
419		-	amended to read as follows:
	409	+	SECTION 12. Sections 25.095(a), (b), and (c), Education
	410	+	Code, are amended to read as follows:
420	411		(a) A school district or open-enrollment charter school
421	412		shall notify a student's parent in writing at the beginning of the
422	413		school year that if the student is absent from school on 10 or more
423	414		days or parts of days within a six-month period in the same school
424		-	year or on three or more days or parts of days within a four-week
425		-	period:
	415	+	year [or on three or more days or parts of days within a four-week
	416	+	period]:
426	417		(1) the student's parent is subject to prosecution
427	418		under Section 25.093; and
428	419		(2) the student is subject to [prosecution under
429	420		Section 25.094 or to] referral to a truancy [juvenile] court [in a
430	421		county with a population of less than 100,000] for truant conduct
431		-	under Section 62.03(a) [that violates that section].
	422	+	under Section 25A.003(a) [that violates that section].
	423	+	(b) A school district shall notify a student's parent if the
	424	+	student has been absent from school, without excuse under Section
	425	+	25.087, on three days or parts of days within a four-week period.
	426	+	The notice must:
	427	+	(1) inform the parent that:
	428	+	(A) it is the parent's duty to monitor the
	429	+	student's school attendance and require the student to attend
	430	+	school; and
	431	+	(B) the student [parent] is subject to truancy
	432	+	prevention measures [prosecution] under Section 25.0915 [25.093];
	433	+	and
	434	+	(2) request a conference between school officials and
	435	+	the parent to discuss the absences.
432	436		(c) The fact that a parent did not receive a notice under
433	437		Subsection (a) or (b) does not create a defense [to prosecution]
434		-	under Section 25.093 or 62.03(a) [25.094].
	438	+	under Section 25.093 or 25A.003(a) [25.094].
435	439		SECTION 13. Section 25.0951, Education Code, is amended to
436	440		read as follows:
437	441		Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
438	442		FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school
439	443		without excuse on 10 or more days or parts of days within a
440	444		six-month period in the same school year, a school district shall
441	445		within 10 school days of the student's 10th absence[:
442	446		[(1) file a complaint against the student or the
443	447		student's parent or both in a county, justice, or municipal court
444	448		for an offense under Section 25.093 or 25.094, as appropriate, or
445	449		refer the student to a juvenile court in a county with a population
446	450		of less than 100,000 for conduct that violates Section 25.094; or
447	451		[(2)] refer the student to a truancy [juvenile] court
448	452		for truant conduct [indicating a need for supervision] under
449		-	Section 62.03(a) [51.03(b)(2), Family Code].
450		-	(b) If a student fails to attend school without excuse on
451		-	three or more days or parts of days within a four-week period but
452		-	does not fail to attend school for the time described by Subsection
453		-	(a), the school district may[:
	453	+	Section 25A.003(a) [51.03(b)(2), Family Code].
	454	+	(b) If a student fails to attend school without excuse as
	455	+	specified by Subsection (a), a school district may file a complaint
	456	+	against the student's parent in a county, justice, or municipal
	457	+	court for an offense under Section 25.093 if the school district
	458	+	provides evidence of the parent's criminal negligence [If a student
	459	+	fails to attend school without excuse on three or more days or parts
	460	+	of days within a four-week period but does not fail to attend school
	461	+	for the time described by Subsection (a), the school district may:
454	462		[(1) file a complaint against the student or the
455	463		student's parent or both in a county, justice, or municipal court
456	464		for an offense under Section 25.093 or 25.094, as appropriate, or
457	465		refer the student to a juvenile court in a county with a population
458	466		of less than 100,000 for conduct that violates Section 25.094; or
459		-	[(2)] refer the student to a truancy [juvenile] court
460		-	for truant conduct [indicating a need for supervision] under
461		-	Section 62.03(a) [51.03(b)(2), Family Code].
462		-	(c) If a student fails to attend school without excuse as
463		-	specified by Subsection (a) or (b), a school district may file a
464		-	complaint against the student's parent in a county, justice, or
465		-	municipal court for an offense under Section 25.093 if the school
466		-	district provides evidence of the parent's criminal negligence. In
467		-	this subsection [section], "parent" includes a person standing in
468		-	parental relation.
469		-	(d) A court shall dismiss a complaint [or referral] made by
470		-	a school district under Subsection (c) [under this section] that:
	467	+	[(2) refer the student to a juvenile court for conduct
	468	+	indicating a need for supervision under Section 51.03(b)(2), Family
	469	+	Code].
	470	+	[(c)] In this subsection [section], "parent" includes a
	471	+	person standing in parental relation.
	472	+	(c) [(d)] A court shall dismiss a complaint [or referral]
	473	+	made by a school district under Subsection (b) [under this section]
	474	+	that:
471	475		(1) does [is] not comply [made in compliance] with
472	476		this section;
473		-	(2) does not ~~satisfy~~ the elements required for the
	477	+	(2) does not allege the elements required for the
474	478		offense;
475		-	(3) is not timely filed; or
476		-	(4) is otherwise defective.
	479	+	(3) is not timely filed, unless the school district
	480	+	delayed the referral under Subsection (d); or
	481	+	(4) is otherwise substantively defective.
	482	+	(d) Notwithstanding Subsection (a), a school district may
	483	+	delay a referral of a student for truant conduct, or may choose to
	484	+	not refer a student for truant conduct, if the school district:
	485	+	(1) is applying truancy prevention measures to the
	486	+	student under Section 25.0915; and
	487	+	(2) determines that the truancy prevention measures
	488	+	are succeeding and it is in the best interest of the student that a
	489	+	referral be delayed or not be made.
477	490		SECTION 14. Section 25.0952, Education Code, is amended to
478	491		read as follows:
479	492		Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
480	493		TO NONATTENDANCE OFFENSE [SCHOOL ATTENDANCE-RELATED OFFENSES]. In
481	494		a proceeding based on a complaint under Section 25.093 [or 25.094],
482	495		the court shall, except as otherwise provided by this chapter, use
483	496		the procedures and exercise the powers authorized by Chapter 45,
484	497		Code of Criminal Procedure.
485	498		SECTION 15. Section 29.087(d), Education Code, is amended
486	499		to read as follows:
487	500		(d) A student is eligible to participate in a program
488	501		authorized by this section if:
489	502		(1) the student has been ordered by a court under
490		-	Section 64.03 [Article 45.054, Code of Criminal Procedure, as ~~added~~
491		-	by Chapter 1514, Acts of the 77th Legislature, Regular ~~Session,~~
492		-	2001,] or by the Texas Juvenile Justice Department [Youth
	503	+	Section 25A.103 [Article 45.054, Code of Criminal Procedure, as
	504	+	added by Chapter 1514, Acts of the 77th Legislature, Regular
	505	+	Session, 2001,] or by the Texas Juvenile Justice Department [Youth
493	506		Commission] to:
494	507		(A) participate in a preparatory class for the
495	508		high school equivalency examination; or
496	509		(B) take the high school equivalency examination
497	510		administered under Section 7.111; or
498	511		(2) the following conditions are satisfied:
499	512		(A) the student is at least 16 years of age at the
500	513		beginning of the school year or semester;
501	514		(B) the student is a student at risk of dropping
502	515		out of school, as defined by Section 29.081;
503	516		(C) the student and the student's parent or
504	517		guardian agree in writing to the student's participation;
505	518		(D) at least two school years have elapsed since
506	519		the student first enrolled in ninth grade and the student has
507	520		accumulated less than one third of the credits required to graduate
508	521		under the minimum graduation requirements of the district or
509	522		school; and
510	523		(E) any other conditions specified by the
511	524		commissioner.
512	525		SECTION 16. Section 33.051(2), Education Code, is amended
513	526		to read as follows:
514	527		(2) "Missing child" means a child whose whereabouts
515	528		are unknown to the legal custodian of the child and:
516	529		(A) the circumstances of whose absence indicate
517	530		that the child did not voluntarily leave the care and control of the
518	531		custodian and that the taking of the child was not authorized by
519	532		law; or
520	533		(B) the child has engaged in conduct indicating a
521	534		need for supervision under Section 51.03(b)(2) [51.03(b)(3)],
522	535		Family Code.
523		-	SECTION 17. Title 2, Education Code, is amended ~~by adding~~
524		-	~~Subtitle J~~ to read as follows:
525		-	~~SUBTITLE J~~. TRUANCY COURT PROCEEDINGS
526		-	~~CHAPTER 62~~. GENERAL PROVISIONS
527		-	Sec. 62.01. SCOPE AND PURPOSE. (a) This ~~subtitle~~ details
	536	+	SECTION 17. Subtitle E, Title 2, Education Code, is amended
	537	+	by adding Chapter 25A to read as follows:
	538	+	CHAPTER 25A. TRUANCY COURT PROCEEDINGS
	539	+	SUBCHAPTER A. GENERAL PROVISIONS
	540	+	Sec. 25A.001. SCOPE AND PURPOSE. (a) This chapter details
528	541		the procedures and proceedings in cases involving allegations of
529	542		truant conduct.
530		-	(b) The purpose of this ~~subtitle~~ is to encourage school
	543	+	(b) The purpose of this chapter is to encourage school
531	544		attendance by creating simple civil judicial procedures through
532	545		which children are held accountable for excessive school absences.
533		-	Sec. 62.02. DEFINITIONS. In this subtitle:
	546	+	(c) The best interest of the child is the primary
	547	+	consideration in adjudicating truant conduct of the child.
	548	+	Sec. 25A.002. DEFINITIONS. In this chapter:
534	549		(1) "Child" means a person who is 12 years of age or
535		-	older and younger than 18 years of age.
	550	+	older and younger than 19 years of age.
536	551		(2) "Juvenile court" means a court designated under
537	552		Section 51.04, Family Code, to exercise jurisdiction over
538	553		proceedings under Title 3, Family Code.
539	554		(3) "Qualified telephone interpreter" means a
540	555		telephone service that employs licensed court interpreters, as
541	556		defined by Section 157.001, Government Code.
542	557		(4) "Truancy court" means a court designated under
543		-	Section 62.04 to exercise jurisdiction over cases involving
	558	+	Section 25A.004 to exercise jurisdiction over cases involving
544	559		allegations of truant conduct.
545		-	Sec. 62.03. TRUANT CONDUCT. (a) A child engages in truant
546		-	conduct if the child is required to attend school under Section
547		-	25.085 and fails to attend school:
548		-	(1) on 10 or more days or parts of days within a
549		-	six-month period in the same school year; or
550		-	(2) on three or more days or parts of days within a
551		-	four-week period.
	560	+	Sec. 25A.003. TRUANT CONDUCT. (a) A child engages in
	561	+	truant conduct if the child is required to attend school under
	562	+	Section 25.085 and fails to attend school on 10 or more days or
	563	+	parts of days within a six-month period in the same school year.
552	564		(b) Truant conduct may be prosecuted only as a civil case in
553	565		a truancy court.
554	566		(c) It is an affirmative defense to an allegation of truant
555	567		conduct that one or more of the absences required to be proven have
556	568		been excused by a school official or by the court or that one or more
557	569		of the absences were involuntary, but only if there is an
558	570		insufficient number of unexcused or voluntary absences remaining to
559	571		constitute truant conduct. The burden is on the child to show by a
560	572		preponderance of the evidence that the absence has been or should be
561	573		excused or that the absence was involuntary. A decision by the
562	574		court to excuse an absence for purposes of this subsection does not
563	575		affect the ability of the school district to determine whether to
564	576		excuse the absence for another purpose.
565		-	Sec. 62.04. TRUANCY COURTS; JURISDICTION. (a) The
	577	+	Sec. 25A.004. TRUANCY COURTS; JURISDICTION. (a) The
566	578		following are designated as truancy courts:
567	579		(1) in a county with a population of 1.75 million or
568	580		more, the constitutional county court;
569	581		(2) justice courts; and
570	582		(3) municipal courts.
571	583		(b) A truancy court has exclusive original jurisdiction
572	584		over cases involving allegations of truant conduct.
573	585		(c) A municipality may enter into an agreement with a
574	586		contiguous municipality or a municipality with boundaries that are
575	587		within one-half mile of the municipality seeking to enter into the
576	588		agreement to establish concurrent jurisdiction of the municipal
577	589		courts in the municipalities and provide original jurisdiction to a
578	590		municipal court in which a truancy case is brought as if the
579	591		municipal court were located in the municipality in which the case
580	592		arose.
581	593		(d) A truancy court retains jurisdiction over a person,
582	594		without regard to the age of the person, who was referred to the
583		-	court under Section 63.01 for engaging in truant conduct before ~~the~~
584		-	person's ~~18th~~ birthday, until final disposition of the case.
585		-	Sec. 62.05. COURT SESSIONS. A truancy court is ~~considered~~
586		-	to be in session at all times.
587		-	Sec. 62.06. VENUE. Venue for a proceeding under this
588		-	~~subtitle~~ is the county in which the ~~alleged truant conduct~~
589		-	~~occurred~~.
590		-	Sec. 62.07. RIGHT TO JURY TRIAL. (a) A child alleged to
591		-	have engaged in truant conduct ~~may demand~~ a jury trial.
	595	+	court under Section 25A.051 for engaging in truant conduct before
	596	+	the person's 19th birthday, until final disposition of the case.
	597	+	Sec. 25A.005. COURT SESSIONS. A truancy court is
	598	+	considered to be in session at all times.
	599	+	Sec. 25A.006. VENUE. Venue for a proceeding under this
	600	+	chapter is the county in which the school in which the child is
	601	+	enrolled is located or the county in which the child resides.
	602	+	Sec. 25A.007. RIGHT TO JURY TRIAL. (a) A child alleged to
	603	+	have engaged in truant conduct is entitled to a jury trial.
592	604		(b) The number of jurors in a case involving an allegation
593	605		of truant conduct is six. The state and the child are each entitled
594	606		to three peremptory challenges.
595		-	Sec. 62.08. WAIVER OF RIGHTS. A right granted to a child by
596		-	this subtitle or by the constitution or laws of this state or the
597		-	United States is waived in proceedings under this subtitle if:
	607	+	(c) There is no jury fee for a trial under this chapter.
	608	+	Sec. 25A.008. WAIVER OF RIGHTS. A right granted to a child
	609	+	by this chapter or by the constitution or laws of this state or the
	610	+	United States is waived in proceedings under this chapter if:
598	611		(1) the right is one that may be waived;
599	612		(2) the child and the child's parent or guardian are
600	613		informed of the right, understand the right, understand the
601	614		possible consequences of waiving the right, and understand that
602	615		waiver of the right is not required;
603	616		(3) the child signs the waiver;
604	617		(4) the child's parent or guardian signs the waiver;
605	618		and
606	619		(5) the child's attorney signs the waiver, if the child
607	620		is represented by counsel.
608		-	Sec. 62.09. EFFECT OF ADJUDICATION. (a) An adjudication
	621	+	Sec. 25A.009. EFFECT OF ADJUDICATION. (a) An adjudication
609	622		of a child as having engaged in truant conduct is not a conviction
610	623		of crime. An order of adjudication does not impose any civil
611	624		disability ordinarily resulting from a conviction or operate to
612	625		disqualify the child in any civil service application or
613	626		appointment.
614	627		(b) The adjudication of a child as having engaged in truant
615	628		conduct may not be used in any subsequent court proceedings, other
616		-	than an appeal under this subtitle.
617		-	Sec. 62.10. BURDEN OF PROOF. A court or jury may not return
618		-	a finding that a child has engaged in truant conduct unless the
619		-	state has proved the conduct beyond a reasonable doubt.
620		-	Sec. 62.11. APPLICABLE RULES OF EVIDENCE. The Texas Rules
621		-	of Evidence applicable to criminal cases apply in a proceeding
622		-	under this subtitle.
623		-	Sec. 62.12. APPLICABLE STATUTES REGARDING DISCOVERY.
624		-	Discovery in a proceeding under this subtitle is governed by
625		-	Chapter 39, Code of Criminal Procedure.
626		-	Sec. 62.13. PROCEDURAL RULES. The supreme court may
	629	+	than for the purposes of determining an appropriate remedial action
	630	+	under this chapter or in an appeal under this chapter.
	631	+	Sec. 25A.010. BURDEN OF PROOF. A court or jury may not
	632	+	return a finding that a child has engaged in truant conduct unless
	633	+	the state has proved the conduct beyond a reasonable doubt.
	634	+	Sec. 25A.011. APPLICABLE STATUTES REGARDING DISCOVERY.
	635	+	Discovery in a proceeding under this chapter is governed by Chapter
	636	+	39, Code of Criminal Procedure, other than Articles 39.14(i) and
	637	+	(j).
	638	+	Sec. 25A.012. PROCEDURAL RULES. The supreme court may
627	639		promulgate rules of procedure applicable to proceedings under this
628		-	~~subtitle~~.
629		-	Sec. 62.14. INTERPRETERS. (a) When on the motion for
	640	+	chapter.
	641	+	Sec. 25A.013. INTERPRETERS. (a) When on the motion for
630	642		appointment of an interpreter by a party or on the motion of the
631		-	court, in any proceeding under this ~~subtitle~~, the court determines
	643	+	court, in any proceeding under this chapter, the court determines
632	644		that the child, the child's parent or guardian, or a witness does
633	645		not understand and speak English, an interpreter must be sworn to
634	646		interpret for the person. Articles 38.30(a), (b), and (c), Code of
635		-	Criminal Procedure, apply in a proceeding under this ~~subtitle~~. A
	647	+	Criminal Procedure, apply in a proceeding under this chapter. A
636	648		qualified telephone interpreter may be sworn to provide
637	649		interpretation services if an interpreter is not available to
638	650		appear in person before the court.
639		-	(b) In any proceeding under this ~~subtitle~~, if a party
	651	+	(b) In any proceeding under this chapter, if a party
640	652		notifies the court that the child, the child's parent or guardian,
641	653		or a witness is deaf, the court shall appoint a qualified
642	654		interpreter to interpret the proceedings in any language, including
643	655		sign language, that the deaf person can understand. Articles
644	656		38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a
645		-	proceeding under this ~~subtitle~~.
646		-	Sec. 62.15. SIGNATURES. Any requirement under this
647		-	~~subtitle~~ that a document be signed or that a document contain a
	657	+	proceeding under this chapter.
	658	+	Sec. 25A.014. SIGNATURES. Any requirement under this
	659	+	chapter that a document be signed or that a document contain a
648	660		person's signature, including the signature of a judge or a clerk of
649	661		the court, is satisfied if the document contains the signature of
650	662		the person as captured on an electronic device or as a digital
651	663		signature.
652		-	Sec. 62.16. PUBLIC ACCESS TO COURT HEARINGS. (a) Except as
653		-	provided by Subsection (b), a truancy court shall open a hearing
654		-	under this ~~subtitle~~ to the public unless the court, for good cause
	664	+	Sec. 25A.015. PUBLIC ACCESS TO COURT HEARINGS. (a) Except
	665	+	as provided by Subsection (b), a truancy court shall open a hearing
	666	+	under this chapter to the public unless the court, for good cause
655	667		shown, determines that the public should be excluded.
656	668		(b) The court may prohibit a person from personally
657	669		attending a hearing if the person is expected to testify at the
658	670		hearing and the court determines that the person's testimony would
659	671		be materially affected if the person hears other testimony at the
660	672		hearing.
661		-	Sec. 62.17. RECORDING OF PROCEEDINGS. (a) The proceedings
662		-	in a truancy court that is not a court of record may not be recorded.
	673	+	Sec. 25A.016. RECORDING OF PROCEEDINGS. (a) The
	674	+	proceedings in a truancy court that is not a court of record may not
	675	+	be recorded.
663	676		(b) The proceedings in a truancy court that is a court of
664	677		record must be recorded by stenographic notes or by electronic,
665	678		mechanical, or other appropriate means.
666		-	Sec. 62.18. JUVENILE CASE MANAGERS. A truancy court may
	679	+	Sec. 25A.017. JUVENILE CASE MANAGERS. A truancy court may
667	680		employ a juvenile case manager in accordance with Article 45.056,
668	681		Code of Criminal Procedure, to provide services to children who
669	682		have been referred to the truancy court or who are in jeopardy of
670	683		being referred to the truancy court.
671		-	~~CHAPTER 63~~. INITIAL PROCEDURES
672		-	Sec. 63.01. INITIAL REFERRAL TO TRUANCY COURT. When a
	684	+	SUBCHAPTER B. INITIAL PROCEDURES
	685	+	Sec. 25A.051. INITIAL REFERRAL TO TRUANCY COURT. When a
673	686		truancy court receives a referral under Section 25.0915 and the
674	687		court is not required to dismiss the referral under that section,
675	688		the court shall forward the referral to a truant conduct prosecutor
676	689		who serves the court.
677		-	Sec. 63.02. TRUANT CONDUCT PROSECUTOR. A truant conduct
678		-	prosecutor may be any attorney who represents the state in civil or
679		-	criminal matters in a justice or municipal court or a
680		-	constitutional county court that is designated as a truancy court.
681		-	Sec. 63.03. REVIEW BY PROSECUTOR. (a) The truant conduct
682		-	prosecutor shall promptly review the facts described in a referral
683		-	received under Section 63.01.
	690	+	Sec. 25A.052. TRUANT CONDUCT PROSECUTOR. In a justice or
	691	+	municipal court or a constitutional county court that is designated
	692	+	as a truancy court, the attorney who represents the state in
	693	+	criminal matters in that court shall serve as the truant conduct
	694	+	prosecutor.
	695	+	Sec. 25A.053. REVIEW BY PROSECUTOR. (a) The truant
	696	+	conduct prosecutor shall promptly review the facts described in a
	697	+	referral received under Section 25A.051.
684	698		(b) The prosecutor may, in the prosecutor's discretion,
685	699		determine whether to file a petition with the truancy court
686	700		requesting an adjudication of the child for truant conduct. If the
687	701		prosecutor decides not to file a petition requesting an
688	702		adjudication, the prosecutor shall inform the truancy court and the
689	703		school district of the decision.
690		-	(c) The prosecutor may not ~~request~~ an ~~adjudication for~~
691		-	truant conduct if the referral was not ~~made in compliance with~~
692		-	Section 25.0915.
693		-	Sec. 63.04. STATE'S PETITION. (a) A petition for an
	704	+	(c) The prosecutor may not file a petition for an
	705	+	adjudication of a child for truant conduct if the referral was not
	706	+	made in compliance with Section 25.0915.
	707	+	Sec. 25A.054. STATE'S PETITION. (a) A petition for an
694	708		adjudication of a child for truant conduct initiates an action of
695	709		the state against a child who has allegedly engaged in truant
696	710		conduct.
697	711		(b) The proceedings shall be styled "In the matter of
698	712		_______________, Child," identifying the child by the child's
699	713		initials only.
700	714		(c) The petition may be on information and belief.
701	715		(d) The petition must state:
702	716		(1) with reasonable particularity the time, place, and
703	717		manner of the acts alleged to constitute truant conduct;
704	718		(2) the name, age, and residence address, if known, of
705	719		the child who is the subject of the petition;
706		-	(3) the names and residence addresses, if known, of
707		-	~~the~~ parent, guardian, or custodian of the child and of the ~~child's~~
708		-	spouse, if any; and
	720	+	(3) the names and residence addresses, if known, of at
	721	+	least one parent, guardian, or custodian of the child and of the
	722	+	child's spouse, if any; and
709	723		(4) if the child's parent, guardian, or custodian does
710	724		not reside or cannot be found in the state, or if their places of
711	725		residence are unknown, the name and residence address of any known
712	726		adult relative residing in the county or, if there is none, the name
713	727		and residence address of the known adult relative residing nearest
714	728		to the location of the court.
715	729		(e) Filing fees may not be charged for the filing of the
716	730		state's petition.
717		-	Sec. 63.05. LIMITATIONS PERIOD. A petition may not be ~~filed~~
718		-	after the ~~30th~~ day after the date of the last absence giving ~~rise to~~
719		-	the act of truant conduct.
720		-	Sec. 63.06. HEARING DATE. (a) After the petition has ~~been~~
721		-	filed, the truancy court shall set a date and time for an
	731	+	Sec. 25A.055. LIMITATIONS PERIOD. A petition may not be
	732	+	filed after the 45th day after the date of the last absence giving
	733	+	rise to the act of truant conduct.
	734	+	Sec. 25A.056. HEARING DATE. (a) After the petition has
	735	+	been filed, the truancy court shall set a date and time for an
722	736		adjudication hearing.
723	737		(b) The hearing may not be held on or before the 10th day
724	738		after the date the petition is filed.
725		-	Sec. 63.07. SUMMONS. (a) After setting the date and ~~time~~
726		-	of an adjudication hearing, the truancy court shall direct the
	739	+	Sec. 25A.057. SUMMONS. (a) After setting the date and
	740	+	time of an adjudication hearing, the truancy court shall direct the
727	741		issuance of a summons to:
728	742		(1) the child named in the petition;
729	743		(2) the child's parent, guardian, or custodian;
730	744		(3) the child's guardian ad litem, if any; and
731	745		(4) any other person who appears to the court to be a
732	746		proper or necessary party to the proceeding.
733	747		(b) The summons must require the persons served to appear
734	748		before the court at the place, date, and time of the adjudication
735	749		hearing to answer the allegations of the petition. A copy of the
736	750		petition must accompany the summons. If a person, other than the
737	751		child, required to appear under this section fails to attend a
738	752		hearing, the truancy court may proceed with the hearing.
739	753		(c) The truancy court may endorse on the summons an order
740	754		directing the person having the physical custody or control of the
741	755		child to bring the child to the hearing.
742	756		(d) A party, other than the child, may waive service of
743	757		summons by written stipulation or by voluntary appearance at the
744	758		hearing.
745		-	Sec. 63.08. SERVICE OF SUMMONS. (a) If a person to be
	759	+	Sec. 25A.058. SERVICE OF SUMMONS. (a) If a person to be
746	760		served with a summons is in this state and can be found, the summons
747		-	shall be served on the person personally at least two days before
748		-	the date of the adjudication hearing. If the person cannot be
749		-	found, but the person's address in this state is known or can with
750		-	reasonable diligence be ascertained, the summons may be served by
751		-	mailing a copy by registered or certified mail, return receipt
752		-	requested, at least five days before the date of the hearing. If
753		-	the person is outside this state but can be found or the person's
754		-	address is known, or the person's whereabouts or address can with
755		-	reasonable diligence be ascertained, service of the summons may be
756		-	made by delivering a copy personally or mailing a copy by registered
757		-	or certified mail, return receipt requested, not later than the
758		-	fifth day before the date of the hearing.
	761	+	shall be served on the person personally or by registered or
	762	+	certified mail, return receipt requested, at least five days before
	763	+	the date of the adjudication hearing.
759	764		(b) Service of the summons may be made by any suitable
760	765		person under the direction of the court.
761		-	Sec. 63.09. REPRESENTATION BY ATTORNEY. A child may be
762		-	represented by an attorney in a case under this ~~subtitle~~.
	766	+	Sec. 25A.059. REPRESENTATION BY ATTORNEY. A child may be
	767	+	represented by an attorney in a case under this chapter.
763	768		Representation by an attorney is not required.
764		-	Sec. 63.10. CHILD'S ANSWER. After the petition has been
	769	+	Sec. 25A.060. CHILD'S ANSWER. After the petition has been
765	770		filed, the child may answer, orally or in writing, the petition at
766	771		or before the commencement of the hearing. If the child does not
767	772		answer, a general denial of the alleged truant conduct is assumed.
768		-	Sec. 63.11. GUARDIAN AD LITEM. (a) If a child appears
	773	+	Sec. 25A.061. GUARDIAN AD LITEM. (a) If a child appears
769	774		before the truancy court without a parent or guardian, or it appears
770	775		to the court that the child's parent or guardian is incapable or
771	776		unwilling to make decisions in the best interest of the child with
772		-	respect to proceedings under this ~~subtitle~~, the court may appoint a
	777	+	respect to proceedings under this chapter, the court may appoint a
773	778		guardian ad litem to protect the interests of the child in the
774	779		proceedings.
775	780		(b) An attorney for a child may also be the child's guardian
776	781		ad litem. A law enforcement officer, probation officer, or other
777	782		employee of the truancy court may not be appointed as a guardian ad
778	783		litem.
779	784		(c) The court may order a child's parent or other person
780	785		responsible to support the child to reimburse the county or
781	786		municipality for the cost of the guardian ad litem. The court may
782	787		issue the order only after determining that the parent or other
783	788		responsible person has sufficient financial resources to offset the
784	789		cost of the child's guardian ad litem wholly or partly.
785		-	Sec. 63.12. ATTENDANCE AT HEARING. (a) The child must be
786		-	personally present at the adjudication hearing. The truancy ~~court~~
787		-	may not proceed with the adjudication hearing in the absence ~~of the~~
788		-	child.
789		-	(b) ~~Each~~ parent or guardian of a child and any
790		-	~~court-appointed~~ guardian ad litem of a child is required to attend
791		-	~~the adjudication~~ hearing.
	790	+	Sec. 25A.062. ATTENDANCE AT HEARING. (a) The child must
	791	+	be personally present at the adjudication hearing. The truancy
	792	+	court may not proceed with the adjudication hearing in the absence
	793	+	of the child.
	794	+	(b) A parent or guardian of a child and any court-appointed
	795	+	guardian ad litem of a child is required to attend the adjudication
	796	+	hearing.
792	797		(c) Subsection (b) does not apply to:
793	798		(1) a person for whom, for good cause shown, the court
794	799		excuses attendance;
795	800		(2) a person who is not a resident of this state; or
796	801		(3) a parent of a child for whom a managing conservator
797	802		has been appointed and the parent is not a conservator of the child.
798		-	Sec. 63.13. RIGHT TO REEMPLOYMENT. (a) An employer may
	803	+	Sec. 25A.063. RIGHT TO REEMPLOYMENT. (a) An employer may
799	804		not terminate the employment of a permanent employee because the
800		-	employee is required under Section 63.12(b) to attend a hearing.
	805	+	employee is required under Section 25A.062(b) to attend a hearing.
801	806		(b) Notwithstanding any other law, an employee whose
802	807		employment is terminated in violation of this section is entitled
803	808		to return to the same employment that the employee held when
804	809		notified of the hearing if the employee, as soon as practical after
805	810		the hearing, gives the employer actual notice that the employee
806	811		intends to return.
807	812		(c) A person who is injured because of a violation of this
808	813		section is entitled to:
809	814		(1) reinstatement to the person's former position;
810	815		(2) damages not to exceed an amount equal to six times
811	816		the amount of monthly compensation received by the person on the
812	817		date of the hearing; and
813	818		(3) reasonable attorney's fees in an amount approved
814	819		by the court.
815	820		(d) It is a defense to an action brought under this section
816	821		that the employer's circumstances changed while the employee
817	822		attended the hearing and caused reemployment to be impossible or
818	823		unreasonable. To establish a defense under this subsection, an
819	824		employer must prove that the termination of employment was because
820	825		of circumstances other than the employee's attendance at the
821	826		hearing.
822		-	Sec. 63.14. SUBPOENA OF WITNESS. A witness may be
	827	+	Sec. 25A.064. SUBPOENA OF WITNESS. A witness may be
823	828		subpoenaed in accordance with the procedures for the subpoena of a
824	829		witness under the Code of Criminal Procedure.
825		-	Sec. 63.15. CHILD ALLEGED TO BE MENTALLY ILL. (a) A ~~party~~
826		-	may make a motion requesting that a petition alleging a child to
827		-	have engaged in truant conduct be dismissed because the child has a
828		-	mental illness, as defined by Section 571.003, Health and Safety
	830	+	Sec. 25A.065. CHILD ALLEGED TO BE MENTALLY ILL. (a) A
	831	+	party may make a motion requesting that a petition alleging a child
	832	+	to have engaged in truant conduct be dismissed because the child has
	833	+	a mental illness, as defined by Section 571.003, Health and Safety
829	834		Code. In response to the motion, the truancy court shall
830	835		temporarily stay the proceedings to determine whether probable
831	836		cause exists to believe the child has a mental illness. In making a
832	837		determination, the court may:
833	838		(1) consider the motion, supporting documents,
834	839		professional statements of counsel, and witness testimony; and
835	840		(2) observe the child.
836	841		(b) If the court determines that probable cause exists to
837	842		believe that the child has a mental illness, the court shall dismiss
838	843		the petition. If the court determines that evidence does not exist
839	844		to support a finding that the child has a mental illness, the court
840	845		shall dissolve the stay and continue with the truancy court
841	846		proceedings.
842		-	~~CHAPTER 64~~. ADJUDICATION HEARING AND REMEDIES
843		-	Sec. 64.01. ADJUDICATION HEARING; JUDGMENT. (a) A ~~child~~
844		-	may be found to have engaged in truant conduct only after an
	847	+	SUBCHAPTER C. ADJUDICATION HEARING AND REMEDIES
	848	+	Sec. 25A.101. ADJUDICATION HEARING; JUDGMENT. (a) A
	849	+	child may be found to have engaged in truant conduct only after an
845	850		adjudication hearing conducted in accordance with the provisions of
846		-	this ~~subtitle~~.
	851	+	this chapter.
847	852		(b) At the beginning of the adjudication hearing, the judge
848	853		of the truancy court shall explain to the child and the child's
849	854		parent, guardian, or guardian ad litem:
850	855		(1) the allegations made against the child;
851	856		(2) the nature and possible consequences of the
852	857		proceedings;
853	858		(3) the child's privilege against self-incrimination;
854	859		(4) the child's right to trial and to confrontation of
855	860		witnesses;
856	861		(5) the child's right to representation by an attorney
857	862		if the child is not already represented; and
858	863		(6) the child's right to a jury trial.
859	864		(c) Trial is by jury unless jury is waived in accordance
860		-	with Section 62.08. Jury verdicts under this ~~subtitle~~ must be
	865	+	with Section 25A.008. Jury verdicts under this chapter must be
861	866		unanimous.
862		-	(d) Only material, relevant, and competent evidence in
863		-	accordance with the Texas Rules of Evidence applicable to criminal
864		-	cases and Chapter 38, Code of Criminal Procedure, may be considered
865		-	in the adjudication hearing.
	867	+	(d) The Texas Rules of Evidence do not apply in a truancy
	868	+	proceeding under this chapter except:
	869	+	(1) when the judge hearing the case determines that a
	870	+	particular rule of evidence applicable to criminal cases must be
	871	+	followed to ensure that the proceedings are fair to all parties; or
	872	+	(2) as otherwise provided by this chapter.
866	873		(e) A child alleged to have engaged in truant conduct need
867	874		not be a witness against nor otherwise incriminate himself or
868		-	herself. An extrajudicial statement that was obtained ~~without~~
869		-	~~fulfilling the requirements of this subtitle or~~ of the constitution
870		-	~~of this state or the United States~~ may not be used in an
871		-	~~adjudication hearing. A statement made by the~~ child out of court is
872		-	~~insufficient to support a finding of truant~~ conduct unless it is
873		-	~~corroborated wholly or partly by other~~ evidence.
	875	+	herself. An extrajudicial statement of the child that was obtained
	876	+	in violation of the constitution of this state or the United States
	877	+	may not be used in an adjudication hearing. A statement made by the
	878	+	child out of court is insufficient to support a finding of truant
	879	+	conduct unless it is corroborated wholly or partly by other
	880	+	evidence.
874	881		(f) At the conclusion of the adjudication hearing, the court
875	882		or jury shall find whether the child has engaged in truant conduct.
876	883		The finding must be based on competent evidence admitted at the
877	884		hearing. The child shall be presumed to have not engaged in truant
878	885		conduct and no finding that a child has engaged in truant conduct
879	886		may be returned unless the state has proved the conduct beyond a
880	887		reasonable doubt. In all jury cases the jury will be instructed
881	888		that the burden is on the state to prove that a child has engaged in
882	889		truant conduct beyond a reasonable doubt.
883	890		(g) If the court or jury finds that the child did not engage
884	891		in truant conduct, the court shall dismiss the case with prejudice.
885	892		(h) If the court or jury finds that the child did engage in
886	893		truant conduct, the court shall proceed to issue a judgment finding
887	894		the child has engaged in truant conduct and order the remedies the
888		-	court finds appropriate under Section 64.03. The jury is not
	895	+	court finds appropriate under Section 25A.103. The jury is not
889	896		involved in ordering remedies for a child who has been adjudicated
890	897		as having engaged in truant conduct.
891		-	Sec. 64.02. REMEDIAL ACTIONS. (a) The truancy court ~~shall~~
892		-	determine and order appropriate remedial actions in regard to a
893		-	child who has been found to have engaged in truant conduct.
	898	+	Sec. 25A.102. REMEDIAL ACTIONS. (a) The truancy court
	899	+	shall determine and order appropriate remedial actions in regard to
	900	+	a child who has been found to have engaged in truant conduct.
894	901		(b) The truancy court shall orally pronounce the court's
895	902		remedial actions in the child's presence and enter those actions in
896	903		a written order.
897	904		(c) After pronouncing the court's remedial actions, the
898	905		court shall advise the child and the child's parent, guardian, or
899	906		guardian ad litem of:
900		-	(1) the child's right to appeal, as detailed in ~~Chapter~~
901		-	65; and
	907	+	(1) the child's right to appeal, as detailed in
	908	+	Subchapter D; and
902	909		(2) the procedures for the sealing of the child's
903		-	records under Section 66.01.
904		-	Sec. 64.03. REMEDIAL ORDER. (a) A truancy court may ~~enter~~
905		-	a remedial order requiring a child who has been found to have
	910	+	records under Section 25A.201.
	911	+	Sec. 25A.103. REMEDIAL ORDER. (a) A truancy court may
	912	+	enter a remedial order requiring a child who has been found to have
906	913		engaged in truant conduct to:
907	914		(1) attend school without unexcused absences;
908	915		(2) attend a preparatory class for the high school
909	916		equivalency examination administered under Section 7.111 if the
910	917		court determines that the individual is unlikely to do well in a
911	918		formal classroom environment due to the individual's age;
912	919		(3) if the child is at least 16 years of age, take the
913	920		high school equivalency examination administered under Section
914		-	7.111;
915		-	(4) attend a special program that the court determines
916		-	to be in the best interest of the child, including:
	921	+	7.111, if that is in the best interest of the child;
	922	+	(4) attend a nonprofit, community-based special
	923	+	program that the court determines to be in the best interest of the
	924	+	child, including:
917	925		(A) an alcohol and drug abuse program;
918	926		(B) a rehabilitation program;
919	927		(C) a counseling program, including a
920	928		self-improvement program;
921	929		(D) a program that provides training in
922	930		self-esteem and leadership;
923	931		(E) a work and job skills training program;
924	932		(F) a program that provides training in
925	933		parenting, including parental responsibility;
926	934		(G) a program that provides training in manners;
927	935		(H) a program that provides training in violence
928	936		avoidance;
929	937		(I) a program that provides sensitivity
930	938		training; and
931	939		(J) a program that provides training in advocacy
932	940		and mentoring;
933	941		(5) complete not more than 50 hours of community
934	942		service on a project acceptable to the court; and
935	943		(6) participate for a specified number of hours in a
936	944		tutorial program covering the academic subjects in which the child
937	945		is enrolled that are provided by the school the child attends.
938	946		(b) A truancy court may not order a child who has been found
939		-	to have engaged in truant conduct to attend a juvenile justice
940		-	alternative education program.
	947	+	to have engaged in truant conduct to:
	948	+	(1) attend a juvenile justice alternative education
	949	+	program, a boot camp, or a for-profit truancy class; or
	950	+	(2) perform more than 16 hours of community service
	951	+	per week under this section.
941	952		(c) In addition to any other order authorized by this
942	953		section, a truancy court may order the Department of Public Safety
943	954		to suspend the driver's license or permit of a child who has been
944	955		found to have engaged in truant conduct. If the child does not have
945	956		a driver's license or permit, the court may order the Department of
946	957		Public Safety to deny the issuance of a license or permit to the
947	958		child. The period of the license or permit suspension or the order
948	959		that the issuance of a license or permit be denied may not extend
949	960		beyond the maximum time period that a remedial order is effective as
950		-	provided by Section 64.04.
951		-	Sec. 64.04. MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A
952		-	truancy court's remedial order under Section 64.03 is effective
	961	+	provided by Section 25A.104.
	962	+	Sec. 25A.104. MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A
	963	+	truancy court's remedial order under Section 25A.103 is effective
953	964		until the later of:
954	965		(1) the date specified by the court in the order, which
955	966		may not be later than the 180th day after the date the order is
956	967		entered; or
957	968		(2) the last day of the school year in which the order
958	969		was entered.
959		-	Sec. 64.05. ORDERS AFFECTING PARENTS AND OTHERS. (a) If a
960		-	child has been found to have engaged in truant conduct, the ~~truancy~~
961		-	court may:
	970	+	Sec. 25A.105. ORDERS AFFECTING PARENTS AND OTHERS. (a) If
	971	+	a child has been found to have engaged in truant conduct, the
	972	+	truancy court may:
962	973		(1) order the child and the child's parent to attend a
963	974		class for students at risk of dropping out of school that is
964	975		designed for both the child and the child's parent;
965	976		(2) order any person found by the court to have, by a
966	977		wilful act or omission, contributed to, caused, or encouraged the
967	978		child's truant conduct to do any act that the court determines to be
968	979		reasonable and necessary for the welfare of the child or to refrain
969	980		from doing any act that the court determines to be injurious to the
970	981		child's welfare;
971	982		(3) enjoin all contact between the child and a person
972	983		who is found to be a contributing cause of the child's truant
973		-	conduct;
	984	+	conduct, unless that person is the child's parent or guardian, in
	985	+	which case the court may contact the Department of Family and
	986	+	Protective Services, if necessary;
974	987		(4) after notice to, and a hearing with, all persons
975	988		affected, order any person living in the same household with the
976	989		child to participate in social or psychological counseling to
977	990		assist in the child's rehabilitation;
978	991		(5) order the child's parent or other person
979	992		responsible for the child's support to pay all or part of the
980	993		reasonable costs of treatment programs in which the child is
981	994		ordered to participate if the court finds the child's parent or
982	995		person responsible for the child's support is able to pay the costs;
983	996		(6) order the child's parent to attend a program for
984	997		parents of students with unexcused absences that provides
985	998		instruction designed to assist those parents in identifying
986	999		problems that contribute to the child's unexcused absences and in
987	1000		developing strategies for resolving those problems; and
988	1001		(7) order the child's parent to perform not more than
989	1002		50 hours of community service with the child.
990	1003		(b) A person subject to an order proposed under Subsection
991	1004		(a) is entitled to a hearing before the order is entered by the
992	1005		court.
993	1006		(c) On a finding by the court that a child's parents have
994	1007		made a reasonable good faith effort to prevent the child from
995	1008		engaging in truant conduct and that, despite the parents' efforts,
996	1009		the child continues to engage in truant conduct, the court shall
997	1010		waive any requirement for community service that may be imposed on a
998	1011		parent under this section.
999		-	Sec. 64.06. LIABILITY FOR CLAIMS ARISING FROM COMMUNITY
	1012	+	Sec. 25A.106. LIABILITY FOR CLAIMS ARISING FROM COMMUNITY
1000	1013		SERVICE. (a) A municipality or county that establishes a program
1001	1014		to assist children and their parents in rendering community service
1002		-	under this ~~chapter~~ may purchase an insurance policy protecting ~~the~~
1003		-	municipality or county against a claim brought by a person other
	1015	+	under this subchapter may purchase an insurance policy protecting
	1016	+	the municipality or county against a claim brought by a person other
1004	1017		than the child or the child's parent for a cause of action that
1005	1018		arises from an act of the child or parent while rendering the
1006	1019		community service. The municipality or county is not liable for the
1007	1020		claim to the extent that damages are recoverable under a contract of
1008	1021		insurance or under a plan of self-insurance authorized by statute.
1009	1022		(b) The liability of the municipality or county for a claim
1010	1023		that arises from an action of the child or the child's parent while
1011	1024		rendering community service may not exceed $100,000 to a single
1012	1025		person and $300,000 for a single occurrence in the case of personal
1013	1026		injury or death, and $10,000 for a single occurrence of property
1014	1027		damage. Liability may not extend to punitive or exemplary damages.
1015	1028		(c) This section does not waive a defense, immunity, or
1016	1029		jurisdictional bar available to the municipality or county or its
1017	1030		officers or employees, nor shall this section be construed to
1018	1031		waive, repeal, or modify any provision of Chapter 101, Civil
1019	1032		Practice and Remedies Code.
1020		-	Sec. 64.07. COURT COST. (a) If a child is found to have
	1033	+	Sec. 25A.107. COURT COST. (a) If a child is found to have
1021	1034		engaged in truant conduct, the truancy court, after giving the
1022	1035		child, parent, or other person responsible for the child's support
1023	1036		a reasonable opportunity to be heard, shall order the child,
1024	1037		parent, or other person, if financially able to do so, to pay a
1025	1038		court cost of $50 to the clerk of the court.
1026	1039		(b) The court's order to pay the $50 court cost is not
1027	1040		effective unless the order is reduced to writing and signed by the
1028	1041		judge. The written order to pay the court cost may be part of the
1029	1042		court's order detailing the remedial actions in the case.
1030	1043		(c) The clerk of the court shall keep a record of the court
1031	1044		costs collected under this section and shall forward the funds to
1032	1045		the county treasurer, municipal treasurer, or person fulfilling the
1033	1046		role of a county treasurer or municipal treasurer, as appropriate.
1034	1047		(d) The court costs collected under this section shall be
1035	1048		deposited in a special account that can be used only to offset the
1036	1049		cost of the operations of the truancy court.
1037		-	Sec. 64.08. HEARING TO MODIFY REMEDY. (a) A truancy ~~court~~
1038		-	may hold a hearing to modify any remedy imposed by the court. A
1039		-	remedy may only be modified during the period the order is ~~effective~~
1040		-	under Section 64.04.
	1050	+	Sec. 25A.108. HEARING TO MODIFY REMEDY. (a) A truancy
	1051	+	court may hold a hearing to modify any remedy imposed by the court.
	1052	+	A remedy may only be modified during the period the order is
	1053	+	effective under Section 25A.104.
1041	1054		(b) There is no right to a jury at a hearing under this
1042	1055		section.
1043	1056		(c) A hearing to modify a remedy imposed by the court shall
1044	1057		be held on the petition of the child and the child's parent,
1045	1058		guardian, guardian ad litem, or attorney, the state, or the court.
1046	1059		Reasonable notice of a hearing to modify disposition shall be given
1047	1060		to all parties.
1048	1061		(d) Notwithstanding any other law, in considering a motion
1049	1062		to modify a remedy imposed by the court, the truancy court may
1050	1063		consider a written report from a school district official or
1051	1064		employee, juvenile case manager, or professional consultant in
1052	1065		addition to the testimony of witnesses. The court shall provide the
1053	1066		attorney for the child and the prosecuting attorney with access to
1054	1067		all written matters to be considered by the court. The court may
1055	1068		order counsel not to reveal items to the child or to the child's
1056	1069		parent, guardian, or guardian ad litem if the disclosure would
1057	1070		materially harm the treatment and rehabilitation of the child or
1058	1071		would substantially decrease the likelihood of receiving
1059	1072		information from the same or similar sources in the future.
1060	1073		(e) The truancy court shall pronounce, in the presence of
1061	1074		the child, the court's changes to the remedy, if any. The court
1062	1075		shall specifically state the new remedy and the court's reasons for
1063	1076		modifying the remedy in a written order. The court shall furnish a
1064	1077		copy of the order to the child.
1065		-	Sec. 64.09. MOTION FOR NEW TRIAL. The order of a truancy
	1078	+	Sec. 25A.109. MOTION FOR NEW TRIAL. The order of a truancy
1066	1079		court may be challenged by filing a motion for new trial. Rules
1067	1080		505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion
1068	1081		for new trial.
1069		-	~~CHAPTER 65~~. APPEAL
1070		-	Sec. 65.01. RIGHT TO APPEAL. (a) The child or the state
	1082	+	SUBCHAPTER D. APPEAL
	1083	+	Sec. 25A.151. RIGHT TO APPEAL. (a) The child or the state
1071	1084		may appeal any order of a truancy court.
1072		-	(b) An appeal from a truancy court that is a court of record
1073		-	shall be to a court of appeals. The case may be carried to the
1074		-	supreme court by writ of error as in civil cases generally. On
1075		-	appeal, the judgment of the truancy court is suspended.
1076		-	(c) An appeal from a truancy court that is not a court of
1077		-	record shall be to a juvenile court. The case must be tried de novo
1078		-	in the juvenile court. This subtitle applies to the de novo trial
1079		-	in the juvenile court. On appeal, the judgment of the truancy court
1080		-	is vacated.
1081		-	(d) A judgment of a juvenile court in a trial conducted
1082		-	under Subsection (c) may be appealed in the same manner as an appeal
1083		-	from a truancy court that is a court of record.
1084		-	Sec. 65.02. GOVERNING LAW. (a) The appeal of an order of a
1085		-	truancy court that is a court of record is governed by the Texas
1086		-	Rules of Appellate Procedure.
1087		-	(b) Rule 506, Texas Rules of Civil Procedure, applies to the
1088		-	appeal of an order of a truancy court that is not a court of record
1089		-	to a juvenile court in the same manner as the rule applies to an
1090		-	appeal of a judgment of a justice court to a county court.
1091		-	Sec. 65.03. COUNSEL ON APPEAL. (a) A child may be
	1085	+	(b) An appeal from a truancy court shall be to a juvenile
	1086	+	court. The case must be tried de novo in the juvenile court. This
	1087	+	chapter applies to the de novo trial in the juvenile court. On
	1088	+	appeal, the judgment of the truancy court is vacated.
	1089	+	(c) A judgment of a juvenile court in a trial conducted
	1090	+	under Subsection (b) may be appealed in the same manner as an appeal
	1091	+	under Chapter 56, Family Code.
	1092	+	Sec. 25A.152. GOVERNING LAW. Rule 506, Texas Rules of Civil
	1093	+	Procedure, applies to the appeal of an order of a truancy court to a
	1094	+	juvenile court in the same manner as the rule applies to an appeal
	1095	+	of a judgment of a justice court to a county court, except an appeal
	1096	+	bond is not required.
	1097	+	Sec. 25A.153. COUNSEL ON APPEAL. (a) A child may be
1092	1098		represented by counsel on appeal.
1093	1099		(b) If the child and the child's parent, guardian, or
1094	1100		guardian ad litem request an appeal, the attorney who represented
1095		-	the child before the truancy court shall file a notice of appeal
1096		-	with the court that will hear the appeal and inform that court
1097		-	whether that attorney will handle the appeal.
1098		-	(c) An appeal serves to suspend the order of the truancy
1099		-	court, regardless of whether the truancy court is a court of record.
1100		-	(d) The appellate court may affirm, reverse, or modify the
1101		-	order of the truancy court.
1102		-	Sec. 65.04. STYLE OF CASE ON APPEAL. The child or the
1103		-	child's family may not be identified in an appellate opinion
1104		-	rendered in an appeal. The appellate opinion shall be styled, "In
1105		-	the matter of __________, Child," identifying the child by the
1106		-	child's initials only.
1107		-	Sec. 65.05. TRANSCRIPT ON APPEAL FROM COURT OF RECORD.
1108		-	(a) This section applies to an appeal from a truancy court that is
1109		-	a court of record.
1110		-	(b) An attorney retained to represent a child on appeal may
1111		-	request a transcription of notes of the reporter be included in the
1112		-	record on appeal. The attorney must obtain and pay for the
1113		-	transcription and furnish the transcription to the clerk in
1114		-	duplicate in time for inclusion in the record.
1115		-	(c) In an appeal under this section, the truancy court shall
1116		-	order the reporter to furnish a transcription without charge to the
1117		-	attorney if the court finds, after hearing or on an affidavit filed
1118		-	by the child's parent or other person responsible for support of the
1119		-	child, that the parent or other responsible person is unable to pay
1120		-	or to give security for the transcription.
1121		-	(d) If a transcription has been provided without charge
1122		-	under Subsection (c), payment is made from the general funds of the
1123		-	county in which the truancy proceedings were held.
1124		-	(e) The court reporter shall report any portion of the
1125		-	proceedings requested by either party or directed by the court and
1126		-	shall report the proceedings in question and answer form unless a
1127		-	narrative transcript is requested.
1128		-	CHAPTER 66. RECORDS
1129		-	Sec. 66.01. SEALING OF RECORDS. (a) A child who has been
	1101	+	the child before the truancy court, if any, shall file a notice of
	1102	+	appeal with the court that will hear the appeal and inform that
	1103	+	court whether that attorney will handle the appeal.
	1104	+	(c) An appeal serves to vacate the order of the truancy
	1105	+	court.
	1106	+	SUBCHAPTER E. RECORDS
	1107	+	Sec. 25A.201. SEALING OF RECORDS. (a) A child who has been
1130	1108		found to have engaged in truant conduct may apply, on or after the
1131	1109		child's 18th birthday, to the truancy court that made the finding to
1132	1110		seal the records relating to the allegation and finding of truant
1133	1111		conduct held by:
1134	1112		(1) the court;
1135	1113		(2) the truant conduct prosecutor; and
1136	1114		(3) the school district.
1137	1115		(b) The application must include the following information
1138	1116		or an explanation of why one or more of the following is not
1139	1117		included:
1140	1118		(1) the child's:
1141	1119		(A) full name;
1142	1120		(B) sex;
1143	1121		(C) race or ethnicity;
1144	1122		(D) date of birth;
1145	1123		(E) driver's license or identification card
1146	1124		number; and
1147	1125		(F) social security number;
1148	1126		(2) the dates on which the truant conduct was alleged
1149	1127		to have occurred; and
1150	1128		(3) if known, the cause number assigned to the
1151	1129		petition and the court and county in which the petition was filed.
1152	1130		(c) The truancy court shall order that the records be sealed
1153	1131		after determining the child complied with the remedies ordered by
1154	1132		the court in the case.
1155		-	(d) The truancy court shall hold a hearing before sealing a
1156		-	child's records under Subsection (c) unless the child waives the
1157		-	right to a hearing in writing and the court and the truant conduct
1158		-	prosecutor consent to the waiver. Reasonable notice of the hearing
1159		-	must be given to:
1160		-	(1) the child who made the application; and
1161		-	(2) the truant conduct prosecutor.
1162		-	(e) All index references to the records of the truancy court
	1133	+	(d) All index references to the records of the truancy court
1163	1134		that are ordered sealed shall be deleted not later than the 30th day
1164	1135		after the date of the sealing order.
1165		-	(f) A truancy court, clerk of the court, truant conduct
	1136	+	(e) A truancy court, clerk of the court, truant conduct
1166	1137		prosecutor, or school district shall reply to a request for
1167	1138		information concerning a child's sealed truant conduct case that no
1168	1139		record exists with respect to the child.
1169		-	(g) Inspection of the sealed records may be permitted by an
	1140	+	(f) Inspection of the sealed records may be permitted by an
1170	1141		order of the truancy court on the petition of the person who is the
1171	1142		subject of the records and only by those persons named in the order.
1172		-	(h) A person whose records have been sealed under this
	1143	+	(g) A person whose records have been sealed under this
1173	1144		section is not required in any proceeding or in any application for
1174	1145		employment, information, or licensing to state that the person has
1175		-	been the subject of a proceeding under this ~~subtitle~~. Any statement
	1146	+	been the subject of a proceeding under this chapter. Any statement
1176	1147		that the person has never been found to have engaged in truant
1177	1148		conduct may not be held against the person in any criminal or civil
1178	1149		proceeding.
1179		-	(i) On or after the fifth anniversary of a child's 16th
	1150	+	(h) On or after the fifth anniversary of a child's 16th
1180	1151		birthday, on the motion of the child or on the truancy court's own
1181	1152		motion, the truancy court may order the destruction of the child's
1182	1153		records that have been sealed under this section if the child has
1183	1154		not been convicted of a felony.
1184		-	Sec. 66.02. CONFIDENTIALITY OF RECORDS. Records and ~~files~~
1185		-	created under this ~~subtitle~~ may be disclosed only to:
	1155	+	Sec. 25A.202. CONFIDENTIALITY OF RECORDS. Records and
	1156	+	files created under this chapter may be disclosed only to:
1186	1157		(1) the judge of the truancy court, the truant conduct
1187	1158		prosecutor, and the staff of the judge and prosecutor;
1188		-	(2) an attorney for the child;
	1159	+	(2) the child or an attorney for the child;
1189	1160		(3) a governmental agency if the disclosure is
1190	1161		required or authorized by law;
1191	1162		(4) a person or entity to whom the child is referred
1192	1163		for treatment or services if the agency or institution disclosing
1193	1164		the information has entered into a written confidentiality
1194	1165		agreement with the person or entity regarding the protection of the
1195	1166		disclosed information;
1196	1167		(5) the Texas Department of Criminal Justice and the
1197	1168		Texas Juvenile Justice Department for the purpose of maintaining
1198	1169		statistical records of recidivism and for diagnosis and
1199		-	classification; or
1200		-	(6) with leave of the truancy court, any other person,
	1170	+	classification;
	1171	+	(6) the agency; or
	1172	+	(7) with leave of the truancy court, any other person,
1201	1173		agency, or institution having a legitimate interest in the
1202	1174		proceeding or in the work of the court.
1203		-	Sec. 66.03. DESTRUCTION OF CERTAIN RECORDS. A truancy
1204		-	court shall order the destruction of the records relating to
1205		-	allegations of truant conduct if a prosecutor decides not to file a
1206		-	petition for an adjudication of truant conduct after a review of the
1207		-	referral under Section 63.03.
1208		-	CHAPTER 67. ENFORCEMENT OF ORDERS
1209		-	Sec. 67.01. CHILDREN IN CONTEMPT OF COURT. (a) If a child
1210		-	fails to obey an order issued by a truancy court under Section
1211		-	64.03(a), the truancy court, after providing notice and an
1212		-	opportunity for a hearing, may find the child in contempt of court.
	1175	+	Sec. 25A.203. DESTRUCTION OF CERTAIN RECORDS. A truancy
	1176	+	court shall order the destruction of records relating to
	1177	+	allegations of truant conduct that are held by the court or by the
	1178	+	prosecutor if a prosecutor decides not to file a petition for an
	1179	+	adjudication of truant conduct after a review of the referral under
	1180	+	Section 25A.053.
	1181	+	SUBCHAPTER F. ENFORCEMENT OF ORDERS
	1182	+	Sec. 25A.251. CHILDREN IN CONTEMPT OF COURT. (a) If a
	1183	+	child fails to obey an order issued by a truancy court under Section
	1184	+	25A.103(a), the truancy court, after providing notice and an
	1185	+	opportunity for a hearing, may find the child in contempt of court
	1186	+	on the court's own motion.
1213	1187		(b) If a truancy court finds a child in contempt of court
1214	1188		under Subsection (a) or a child is in direct contempt of court, the
1215	1189		court may:
1216	1190		(1) refer the child to the juvenile court in the county
1217	1191		for delinquent conduct under Section 51.03(a)(2), Family Code,
1218	1192		unless the child committed the contempt while 17 years of age or
1219	1193		older; or
1220	1194		(2) hold the child in contempt of court and order
1221	1195		either or both of the following:
1222	1196		(A) that the child pay a fine not to exceed $100;
1223	1197		or
1224	1198		(B) that the Department of Public Safety suspend
1225	1199		the child's driver's license or permit or, if the child does not
1226	1200		have a license or permit, order that the Department of Public Safety
1227	1201		deny the issuance of a license or permit to the child until the
1228	1202		child fully complies with the court's orders.
1229	1203		(c) A truancy court may not order the confinement of a child
1230	1204		for the child's failure to obey an order of the court issued under
1231		-	Section 64.03(a).
	1205	+	Section 25A.103(a).
1232	1206		(d) A truancy court that orders the suspension or denial of
1233	1207		a driver's license or permit under Subsection (b)(2)(B) shall
1234	1208		notify the Department of Public Safety on receiving proof of
1235	1209		compliance with the orders of the court and order the department to
1236	1210		revoke the suspension or denial of the license.
1237		-	Sec. 67.02. PARENT OR OTHER PERSON IN CONTEMPT OF COURT.
	1211	+	Sec. 25A.252. PARENT OR OTHER PERSON IN CONTEMPT OF COURT.
1238	1212		(a) A truancy court may enforce the following orders by contempt:
1239	1213		(1) an order that a parent of a child, guardian of a
1240	1214		child, or any court-appointed guardian ad litem of a child attend an
1241		-	adjudication hearing under Section 63.12(b);
	1215	+	adjudication hearing under Section 25A.062(b);
1242	1216		(2) an order requiring a person other than a child to
1243		-	take a particular action under Section 64.05(a);
	1217	+	take a particular action under Section 25A.105(a);
1244	1218		(3) an order that a child's parent, or other person
1245	1219		responsible to support the child, reimburse the municipality or
1246	1220		county for the cost of the guardian ad litem appointed for the child
1247		-	under Section 63.11(c); and
	1221	+	under Section 25A.061(c); and
1248	1222		(4) an order that a parent, or person other than the
1249		-	child, pay the $50 court cost under Section 64.07.
	1223	+	child, pay the $50 court cost under Section 25A.107.
1250	1224		(b) A truancy court may find a parent or person other than
1251	1225		the child in direct contempt of the court.
1252	1226		(c) The penalty for a finding of contempt under Subsection
1253	1227		(a) or (b) is a fine in an amount not to exceed $100.
1254	1228		(d) In addition to the assessment of a fine under Subsection
1255	1229		(c), direct contempt of the truancy court by a parent or person
1256	1230		other than the child is punishable by:
1257	1231		(1) confinement in jail for a maximum of three days;
1258	1232		(2) a maximum of 40 hours of community service; or
1259	1233		(3) both confinement and community service.
1260		-	Sec. 67.03. WRIT OF ATTACHMENT. A truancy court may issue a
1261		-	writ of attachment for a person who violates an order entered ~~under~~
1262		-	Section 63.07(c). The writ of attachment is executed in the ~~same~~
1263		-	manner as in a criminal proceeding as provided by Chapter 24, ~~Code~~
1264		-	of Criminal Procedure.
1265		-	Sec. 67.04. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR
1266		-	OTHER ELIGIBLE PERSON. (a) The truancy court shall:
	1234	+	Sec. 25A.253. WRIT OF ATTACHMENT. A truancy court may issue
	1235	+	a writ of attachment for a person who violates an order entered
	1236	+	under Section 25A.057(c). The writ of attachment is executed in the
	1237	+	same manner as in a criminal proceeding as provided by Chapter 24,
	1238	+	Code of Criminal Procedure.
	1239	+	Sec. 25A.254. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT
	1240	+	OR OTHER ELIGIBLE PERSON. (a) The truancy court shall:
1267	1241		(1) provide notice to a person who is the subject of a
1268		-	proposed truancy court order under Section 67.02; and
	1242	+	proposed truancy court order under Section 25A.252; and
1269	1243		(2) provide a sufficient opportunity for the person to
1270	1244		be heard regarding the proposed order.
1271		-	(b) A truancy court order under Section 67.02 must be in
	1245	+	(b) A truancy court order under Section 25A.252 must be in
1272	1246		writing and a copy promptly furnished to the parent or other
1273	1247		eligible person.
1274	1248		(c) The truancy court may require the parent or other
1275	1249		eligible person to provide suitable identification to be included
1276	1250		in the court's file. Suitable identification includes
1277	1251		fingerprints, a driver's license number, a social security number,
1278	1252		or similar indicia of identity.
1279		-	Sec. 67.05. APPEAL. (a) The parent or other eligible
	1253	+	Sec. 25A.255. APPEAL. (a) The parent or other eligible
1280	1254		person against whom a final truancy court order has been entered
1281		-	under Section 67.02 may appeal as provided by law from judgments
1282		-	entered in civil cases.
1283		-	(b) The pendency of an appeal initiated under this section
	1255	+	under Section 25A.252 may appeal as provided by law from judgments
	1256	+	entered by a justice court in civil cases.
	1257	+	(b) Rule 506, Texas Rules of Civil Procedure, applies to an
	1258	+	appeal under this section, except an appeal bond is not required.
	1259	+	(c) The pendency of an appeal initiated under this section
1284	1260		does not abate or otherwise affect the proceedings in the truancy
1285	1261		court involving the child.
1286		-	Sec. 67.06. MOTION FOR ENFORCEMENT. (a) The state may
1287		-	initiate enforcement of a truancy court order under Section 67.02
	1262	+	Sec. 25A.256. MOTION FOR ENFORCEMENT. (a) The state may
	1263	+	initiate enforcement of a truancy court order under Section 25A.252
1288	1264		against a parent or person other than the child by filing a written
1289	1265		motion. In ordinary and concise language, the motion must:
1290	1266		(1) identify the provision of the order allegedly
1291	1267		violated and sought to be enforced;
1292	1268		(2) state specifically and factually the manner of the
1293	1269		person's alleged noncompliance;
1294	1270		(3) state the relief requested; and
1295	1271		(4) contain the signature of the party filing the
1296	1272		motion.
1297	1273		(b) The state must allege the particular violation by the
1298	1274		person of the truancy court order that the state had a reasonable
1299	1275		basis for believing the person was violating when the motion was
1300	1276		filed.
1301		-	Sec. 67.07. NOTICE AND APPEARANCE. (a) On the filing of a
1302		-	motion for enforcement, the truancy court shall by written notice
	1277	+	(c) The truancy court may also initiate enforcement of an
	1278	+	order under this section on its own motion.
	1279	+	Sec. 25A.257. NOTICE AND APPEARANCE. (a) On the filing of
	1280	+	a motion for enforcement, the truancy court shall by written notice
1303	1281		set the date, time, and place of the hearing and order the person
1304	1282		against whom enforcement is sought to appear and respond to the
1305	1283		motion.
1306	1284		(b) The notice must be given by personal service or by
1307	1285		certified mail, return receipt requested, on or before the 10th day
1308	1286		before the date of the hearing on the motion. The notice must
1309	1287		include a copy of the motion for enforcement. Personal service must
1310	1288		comply with the Code of Criminal Procedure.
1311	1289		(c) If a person moves to strike or specially excepts to the
1312	1290		motion for enforcement, the truancy court shall rule on the
1313	1291		exception or motion to strike before the court hears evidence on the
1314	1292		motion for enforcement. If an exception is sustained, the court
1315	1293		shall give the movant an opportunity to replead and continue the
1316	1294		hearing to a designated date and time without the requirement of
1317	1295		additional service.
1318	1296		(d) If a person who has been personally served with notice
1319	1297		to appear at the hearing does not appear, the truancy court may not
1320	1298		hold the person in contempt, but may issue a warrant for the arrest
1321	1299		of the person.
1322		-	Sec. 67.08. CONDUCT OF ENFORCEMENT HEARING. (a) The
	1300	+	Sec. 25A.258. CONDUCT OF ENFORCEMENT HEARING. (a) The
1323	1301		movant must prove beyond a reasonable doubt that the person against
1324	1302		whom enforcement is sought engaged in conduct constituting contempt
1325	1303		of a reasonable and lawful court order as alleged in the motion for
1326	1304		enforcement.
1327	1305		(b) The person against whom enforcement is sought has a
1328	1306		privilege not to be called as a witness or otherwise to incriminate
1329	1307		himself or herself.
1330	1308		(c) The truancy court shall conduct the enforcement hearing
1331	1309		without a jury.
1332	1310		(d) The truancy court shall include in the court's judgment:
1333	1311		(1) findings for each violation alleged in the motion
1334	1312		for enforcement; and
1335	1313		(2) the punishment, if any, to be imposed.
1336	1314		(e) If the person against whom enforcement is sought was not
1337	1315		represented by counsel during any previous court proceeding
1338	1316		involving a motion for enforcement, the person may, through
1339	1317		counsel, raise any defense or affirmative defense to the proceeding
1340	1318		that could have been asserted in the previous court proceeding that
1341	1319		was not asserted because the person was not represented by counsel.
1342	1320		(f) It is an affirmative defense to enforcement of a truancy
1343		-	court order under Section 67.02 that the court did not provide the
	1321	+	court order under Section 25A.252 that the court did not provide the
1344	1322		parent or other eligible person with due process of law in the
1345	1323		proceeding in which the court entered the order.
	1324	+	Sec. 25A.259. FAILURE TO OBEY TRUANCY COURT ORDER; CHILDREN
	1325	+	IN CONTEMPT OF COURT. (a) If a child fails to obey an order issued
	1326	+	by a truancy court under Section 25A.103(a), the truancy court,
	1327	+	after providing notice and an opportunity for a hearing, may:
	1328	+	(1) refer the child to a juvenile court for a hearing
	1329	+	to be conducted pursuant to Section 25A.260; or
	1330	+	(2) hold the child in contempt of court and order
	1331	+	either or both of the following:
	1332	+	(A) that the child pay a fine not to exceed $100;
	1333	+	or
	1334	+	(B) that the Department of Public Safety suspend
	1335	+	the child's driver's license or permit or, if the child does not
	1336	+	have a license or permit, order that the Department of Public Safety
	1337	+	deny the issuance of a license or permit to the child until the
	1338	+	child fully complies with the court's orders.
	1339	+	(b) A truancy court may not order the confinement of a child
	1340	+	for the child's failure to obey an order of the court issued under
	1341	+	Section 25A.103(a).
	1342	+	Sec. 25A.260. PROCEEDINGS IN JUVENILE COURT. (a) Upon
	1343	+	referral from a truancy court pursuant to Section 25A.259(a)(1),
	1344	+	the truancy court shall conduct a hearing in order to determine if
	1345	+	probable cause exists to believe that the child engaged in conduct
	1346	+	that would constitute contempt of the order issued by the truancy
	1347	+	court. The hearing shall be conducted within 10 days of the
	1348	+	juvenile court's receipt of the referral from the truancy court.
	1349	+	(b) If the juvenile court finds that probable cause exists
	1350	+	to believe that the child engaged in conduct that would constitute
	1351	+	contempt of the order issued by the truancy court, the juvenile
	1352	+	court shall:
	1353	+	(1) enter an order requiring the child to comply with
	1354	+	the truancy court's order;
	1355	+	(2) forward a copy of the order to the truancy court
	1356	+	within 24 hours; and
	1357	+	(3) admonish the child, orally and in writing, of the
	1358	+	consequences of subsequent referrals to the juvenile court,
	1359	+	including:
	1360	+	(A) a charge of delinquent conduct for contempt
	1361	+	of the truancy court's order; and
	1362	+	(B) a detention hearing.
	1363	+	(c) If the court finds that probable cause does not exist to
	1364	+	believe that the child engaged in conduct that would constitute
	1365	+	contempt of the order issued by the truancy court, the juvenile
	1366	+	court shall enter an order requiring the child's continued
	1367	+	compliance with the truancy court's order.
1346	1368		SECTION 18. Section 51.02(15), Family Code, is amended to
1347	1369		read as follows:
1348	1370		(15) "Status offender" means a child who is accused,
1349	1371		adjudicated, or convicted for conduct that would not, under state
1350	1372		law, be a crime if committed by an adult, including:
1351	1373		(A) [truancy under Section 51.03(b)(2);
1352	1374		[(B)] running away from home under Section
1353	1375		51.03(b)(2) [51.03(b)(3)];
1354	1376		(B) [(C)] a fineable only offense under Section
1355	1377		51.03(b)(1) transferred to the juvenile court under Section
1356	1378		51.08(b), but only if the conduct constituting the offense would
1357	1379		not have been criminal if engaged in by an adult;
1358	1380		[(D) failure to attend school under Section
1359	1381		25.094, Education Code;]
1360	1382		(C) [(E)] a violation of standards of student
1361	1383		conduct as described by Section 51.03(b)(4) [51.03(b)(5)];
1362	1384		(D) [(F)] a violation of a juvenile curfew
1363	1385		ordinance or order;
1364	1386		(E) [(G)] a violation of a provision of the
1365	1387		Alcoholic Beverage Code applicable to minors only; or
1366	1388		(F) [(H)] a violation of any other fineable only
1367	1389		offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
1368	1390		conduct constituting the offense would not have been criminal if
1369	1391		engaged in by an adult.
1370	1392		SECTION 19. Sections 51.03(a), (b), (e), and (f), Family
1371	1393		Code, are amended to read as follows:
1372	1394		(a) Delinquent conduct is:
1373	1395		(1) conduct, other than a traffic offense, that
1374	1396		violates a penal law of this state or of the United States
1375	1397		punishable by imprisonment or by confinement in jail;
1376	1398		(2) conduct that violates a lawful order of a court
1377	1399		under circumstances that would constitute contempt of that court
1378	1400		in:
1379	1401		(A) a justice or municipal court; [or]
1380	1402		(B) a county court for conduct punishable only by
1381	1403		a fine; or
1382	1404		(C) a truancy court;
1383	1405		(3) conduct that violates Section 49.04, 49.05, 49.06,
1384	1406		49.07, or 49.08, Penal Code; or
1385	1407		(4) conduct that violates Section 106.041, Alcoholic
1386	1408		Beverage Code, relating to driving under the influence of alcohol
1387	1409		by a minor (third or subsequent offense).
1388	1410		(b) Conduct indicating a need for supervision is:
1389	1411		(1) subject to Subsection (f), conduct, other than a
1390	1412		traffic offense, that violates:
1391	1413		(A) the penal laws of this state of the grade of
1392	1414		misdemeanor that are punishable by fine only; or
1393	1415		(B) the penal ordinances of any political
1394	1416		subdivision of this state;
1395	1417		(2) [the absence of a child on 10 or more days or parts
1396	1418		of days within a six-month period in the same school year or on
1397	1419		three or more days or parts of days within a four-week period from
1398	1420		school;
1399	1421		[(3)] the voluntary absence of a child from the child's
1400	1422		home without the consent of the child's parent or guardian for a
1401	1423		substantial length of time or without intent to return;
1402	1424		(3) [(4)] conduct prohibited by city ordinance or by
1403	1425		state law involving the inhalation of the fumes or vapors of paint
1404	1426		and other protective coatings or glue and other adhesives and the
1405	1427		volatile chemicals itemized in Section 485.001, Health and Safety
1406	1428		Code;
1407	1429		(4) [(5)] an act that violates a school district's
1408	1430		previously communicated written standards of student conduct for
1409	1431		which the child has been expelled under Section 37.007(c),
1410	1432		Education Code;
1411	1433		(5) [(6)] conduct that violates a reasonable and
1412	1434		lawful order of a court entered under Section 264.305;
1413	1435		(6) [(7)] notwithstanding Subsection (a)(1), conduct
1414	1436		described by Section 43.02(a)(1) or (2), Penal Code; or
1415	1437		(7) [(8)] notwithstanding Subsection (a)(1), conduct
1416	1438		that violates Section 43.261, Penal Code.
1417	1439		(e) For the purposes of Subsection (b)(2) [(b)(3)], "child"
1418	1440		does not include a person who is married, divorced, or widowed.
1419	1441		(f) Conduct [Except as provided by Subsection (g), conduct]
1420	1442		described under Subsection (b)(1) does not constitute conduct
1421	1443		indicating a need for supervision unless the child has been
1422	1444		referred to the juvenile court under Section 51.08(b).
1423	1445		SECTION 20. Section 51.13(e), Family Code, is amended to
1424	1446		read as follows:
1425	1447		(e) A finding that a child engaged in conduct indicating a
1426	1448		need for supervision as described by Section 51.03(b)(7)
1427	1449		[51.03(b)(8)] is a conviction only for the purposes of Sections
1428	1450		43.261(c) and (d), Penal Code.
1429	1451		SECTION 21. Section 54.0404(a), Family Code, is amended to
1430	1452		read as follows:
1431	1453		(a) If a child is found to have engaged in conduct
1432	1454		indicating a need for supervision described by Section 51.03(b)(7)
1433	1455		[51.03(b)(8)], the juvenile court may enter an order requiring the
1434	1456		child to attend and successfully complete an educational program
1435	1457		described by Section 37.218, Education Code, or another equivalent
1436	1458		educational program.
1437	1459		SECTION 22. Section 54.05(b), Family Code, is amended to
1438	1460		read as follows:
1439	1461		(b) Except for a commitment to the Texas Juvenile Justice
1440	1462		Department or to a post-adjudication secure correctional facility
1441	1463		under Section 54.04011[, a disposition under Section 54.0402,] or a
1442	1464		placement on determinate sentence probation under Section
1443	1465		54.04(q), all dispositions automatically terminate when the child
1444	1466		reaches the child's 18th birthday.
1445	1467		SECTION 23. Section 58.0022, Family Code, is amended to
1446	1468		read as follows:
1447	1469		Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
1448	1470		RUNAWAYS. A law enforcement officer who takes a child into custody
1449	1471		with probable cause to believe that the child has engaged in conduct
1450	1472		indicating a need for supervision as described by Section
1451	1473		51.03(b)(2) [51.03(b)(3)] and who after reasonable effort is unable
1452	1474		to determine the identity of the child, may fingerprint or
1453	1475		photograph the child to establish the child's identity. On
1454	1476		determination of the child's identity or that the child cannot be
1455	1477		identified by the fingerprints or photographs, the law enforcement
1456	1478		officer shall immediately destroy all copies of the fingerprint
1457	1479		records or photographs of the child.
1458	1480		SECTION 24. Section 58.003(c-3), Family Code, is amended to
1459	1481		read as follows:
1460	1482		(c-3) Notwithstanding Subsections (a) and (c) and subject
1461	1483		to Subsection (b), a juvenile court, on the court's own motion and
1462	1484		without a hearing, shall order the sealing of records concerning a
1463	1485		child found to have engaged in conduct indicating a need for
1464	1486		supervision described by Section 51.03(b)(6) [51.03(b)(7)] or
1465	1487		taken into custody to determine whether the child engaged in
1466	1488		conduct indicating a need for supervision described by Section
1467		-	51.03(b)(6) [51.03(b)(7)]. This subsection applies only to ~~records~~
1468		-	related to conduct indicating a need for supervision ~~described by~~
1469		-	Section 51.03(b)(6) [51.03(b)(7)].
	1489	+	51.03(b)(6) [51.03(b)(7)]. This subsection applies only to
	1490	+	records related to conduct indicating a need for supervision
	1491	+	described by Section 51.03(b)(6) [51.03(b)(7)].
1470	1492		SECTION 25. Section 58.106(a), Family Code, is amended to
1471	1493		read as follows:
1472	1494		(a) Except as otherwise provided by this section,
1473	1495		information contained in the juvenile justice information system is
1474	1496		confidential information for the use of the department and may not
1475	1497		be disseminated by the department except:
1476	1498		(1) with the permission of the juvenile offender, to
1477	1499		military personnel of this state or the United States;
1478	1500		(2) to a person or entity to which the department may
1479	1501		grant access to adult criminal history records as provided by
1480	1502		Section 411.083, Government Code;
1481	1503		(3) to a juvenile justice agency;
1482	1504		(4) to the Texas Juvenile Justice Department [Youth
1483	1505		Commission and the Texas Juvenile Probation Commission] for
1484	1506		analytical purposes;
1485	1507		(5) to the office of independent ombudsman of the
1486	1508		Texas Juvenile Justice Department [Youth Commission]; and
1487	1509		(6) to a county, justice, or municipal court
1488	1510		exercising jurisdiction over a juvenile[, including a court
1489	1511		exercising jurisdiction over a juvenile under Section 54.021].
1490	1512		SECTION 26. Section 59.003(a), Family Code, is amended to
1491	1513		read as follows:
1492	1514		(a) Subject to Subsection (e), after a child's first
1493	1515		commission of delinquent conduct or conduct indicating a need for
1494	1516		supervision, the probation department or prosecuting attorney may,
1495	1517		or the juvenile court may, in a disposition hearing under Section
1496	1518		54.04 or a modification hearing under Section 54.05, assign a child
1497	1519		one of the following sanction levels according to the child's
1498	1520		conduct:
1499	1521		(1) for conduct indicating a need for supervision,
1500	1522		other than conduct described in Section 51.03(b)(3) or (4)
1501	1523		[51.03(b)(4) or (5)] or a Class A or B misdemeanor, the sanction
1502	1524		level is one;
1503	1525		(2) for conduct indicating a need for supervision
1504	1526		under Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A
1505	1527		or B misdemeanor, other than a misdemeanor involving the use or
1506	1528		possession of a firearm, or for delinquent conduct under Section
1507	1529		51.03(a)(2), the sanction level is two;
1508	1530		(3) for a misdemeanor involving the use or possession
1509	1531		of a firearm or for a state jail felony or a felony of the third
1510	1532		degree, the sanction level is three;
1511	1533		(4) for a felony of the second degree, the sanction
1512	1534		level is four;
1513	1535		(5) for a felony of the first degree, other than a
1514	1536		felony involving the use of a deadly weapon or causing serious
1515	1537		bodily injury, the sanction level is five;
1516	1538		(6) for a felony of the first degree involving the use
1517	1539		of a deadly weapon or causing serious bodily injury, for an
1518	1540		aggravated controlled substance felony, or for a capital felony,
1519	1541		the sanction level is six; or
1520	1542		(7) for a felony of the first degree involving the use
1521	1543		of a deadly weapon or causing serious bodily injury, for an
1522	1544		aggravated controlled substance felony, or for a capital felony, if
1523	1545		the petition has been approved by a grand jury under Section 53.045,
1524	1546		or if a petition to transfer the child to criminal court has been
1525	1547		filed under Section 54.02, the sanction level is seven.
1526	1548		SECTION 27. Section 61.002(a), Family Code, is amended to
1527	1549		read as follows:
1528	1550		(a) Except as provided by Subsection (b), this chapter
1529	1551		applies to a proceeding to enter a juvenile court order:
1530	1552		(1) for payment of probation fees under Section
1531	1553		54.061;
1532	1554		(2) for restitution under Sections 54.041(b) and
1533	1555		54.048;
1534	1556		(3) for payment of graffiti eradication fees under
1535	1557		Section 54.0461;
1536	1558		(4) for community service under Section 54.044(b);
1537	1559		(5) for payment of costs of court under Section
1538	1560		54.0411 or other provisions of law;
1539	1561		(6) requiring the person to refrain from doing any act
1540	1562		injurious to the welfare of the child under Section 54.041(a)(1);
1541	1563		(7) enjoining contact between the person and the child
1542	1564		who is the subject of a proceeding under Section 54.041(a)(2);
1543	1565		(8) ordering a person living in the same household
1544	1566		with the child to participate in counseling under Section
1545	1567		54.041(a)(3);
1546	1568		(9) [requiring a parent or guardian of a child found to
1547	1569		be truant to participate in an available program addressing truancy
1548	1570		under Section 54.041(f);
1549	1571		[(10)] requiring a parent or other eligible person to
1550	1572		pay reasonable attorney's fees for representing the child under
1551	1573		Section 51.10(e);
1552	1574		(10) [(11)] requiring the parent or other eligible
1553	1575		person to reimburse the county for payments the county has made to
1554	1576		an attorney appointed to represent the child under Section
1555	1577		51.10(j);
1556	1578		(11) [(12)] requiring payment of deferred prosecution
1557	1579		supervision fees under Section 53.03(d);
1558	1580		(12) [(13)] requiring a parent or other eligible
1559	1581		person to attend a court hearing under Section 51.115;
1560	1582		(13) [(14)] requiring a parent or other eligible
1561	1583		person to act or refrain from acting to aid the child in complying
1562	1584		with conditions of release from detention under Section 54.01(r);
1563	1585		(14) [(15)] requiring a parent or other eligible
1564	1586		person to act or refrain from acting under any law imposing an
1565	1587		obligation of action or omission on a parent or other eligible
1566	1588		person because of the parent's or person's relation to the child who
1567	1589		is the subject of a proceeding under this title;
1568	1590		(15) [(16)] for payment of fees under Section 54.0462;
1569	1591		or
1570	1592		(16) [(17)] for payment of the cost of attending an
1571	1593		educational program under Section 54.0404.
1572		-	SECTION 28. Section 26.045(d), Government Code, is amended
	1594	+	SECTION 28. Section 264.304(c), Family Code, is amended to
	1595	+	read as follows:
	1596	+	(c) The court shall determine that the child is an at-risk
	1597	+	child if the court finds that the child has engaged in the following
	1598	+	conduct:
	1599	+	(1) conduct, other than a traffic offense and except
	1600	+	as provided by Subsection (d), that violates:
	1601	+	(A) the penal laws of this state; or
	1602	+	(B) the penal ordinances of any political
	1603	+	subdivision of this state;
	1604	+	(2) the unexcused voluntary absence of the child on 10
	1605	+	or more days or parts of days within a six-month period [or three or
	1606	+	more days or parts of days within a four-week period] from school
	1607	+	without the consent of the child's parent, managing conservator, or
	1608	+	guardian;
	1609	+	(3) the voluntary absence of the child from the child's
	1610	+	home without the consent of the child's parent, managing
	1611	+	conservator, or guardian for a substantial length of time or
	1612	+	without intent to return;
	1613	+	(4) conduct that violates the laws of this state
	1614	+	prohibiting driving while intoxicated or under the influence of
	1615	+	intoxicating liquor (first or second offense) or driving while
	1616	+	under the influence of any narcotic drug or of any other drug to a
	1617	+	degree that renders the child incapable of safely driving a vehicle
	1618	+	(first or second offense); or
	1619	+	(5) conduct that evidences a clear and substantial
	1620	+	intent to engage in any behavior described by Subdivisions (1)-(4).
	1621	+	SECTION 29. Section 26.045(d), Government Code, is amended
1573	1622		to read as follows:
1574	1623		(d) A county court in a county with a population of 1.75
1575	1624		million or more has original jurisdiction over cases alleging a
1576	1625		violation of Section 25.093 [or 25.094], Education Code, or
1577		-	alleging truant conduct under Section 62.03(a), Education Code.
1578		-	SECTION 29. Section 29.003(i), Government Code, is amended
	1626	+	alleging truant conduct under Section 25A.003(a), Education Code.
	1627	+	SECTION 30. Section 29.003(i), Government Code, is amended
1579	1628		to read as follows:
1580	1629		(i) A municipality may enter into an agreement with a
1581	1630		contiguous municipality or a municipality with boundaries that are
1582	1631		within one-half mile of the municipality seeking to enter into the
1583	1632		agreement to establish concurrent jurisdiction of the municipal
1584	1633		courts in the municipalities and provide original jurisdiction to a
1585	1634		municipal court in which a case is brought as if the municipal court
1586	1635		were located in the municipality in which the case arose, for:
1587	1636		(1) all cases in which either municipality has
1588	1637		jurisdiction under Subsection (a); and
1589	1638		(2) cases that arise under Section 821.022, Health and
1590		-	Safety Code, or Section 62.03(a) [25.094], Education Code.
1591		-	SECTION 30. Section 54.1172(a), Government Code, is amended
	1639	+	Safety Code, or Section 25A.003(a) [25.094], Education Code.
	1640	+	SECTION 31. Subtitle B, Title 2, Government Code, is
	1641	+	amended by adding Chapter 36 to read as follows:
	1642	+	CHAPTER 36. JUDICIAL DONATION TRUST FUNDS FOR TRUANCY
	1643	+	Sec. 36.001. ESTABLISHMENT OF TRUST FUNDS. (a) The
	1644	+	governing body of a municipality or the commissioners court of a
	1645	+	county may establish a judicial donation trust fund as a separate
	1646	+	account held outside the municipal or county treasury to be used in
	1647	+	accordance with this chapter.
	1648	+	(b) The governing body of a municipality or the
	1649	+	commissioners court of a county may accept a gift, grant, donation,
	1650	+	or other consideration from a public or private source that is
	1651	+	designated for the judicial donation trust fund.
	1652	+	(c) Money received under Subsection (b) shall be deposited
	1653	+	in the judicial donation trust fund and may only be disbursed in
	1654	+	accordance with this chapter.
	1655	+	(d) Interest and income from the assets of the judicial
	1656	+	donation trust fund shall be credited to and deposited in the trust
	1657	+	fund.
	1658	+	Sec. 36.002. PROCEDURES AND ELIGIBILITY. The governing
	1659	+	body of a municipality or the commissioners court of a county shall:
	1660	+	(1) adopt the procedures necessary to receive and
	1661	+	disburse money from the judicial donation trust fund under this
	1662	+	chapter; and
	1663	+	(2) establish eligibility requirements for
	1664	+	disbursement of money under this chapter to assist needy children
	1665	+	or families who appear before a truancy court or justice or
	1666	+	municipal court for truant conduct under Chapter 25A, Education
	1667	+	Code, or an offense under Section 25.093, Education Code, as
	1668	+	applicable, by providing money for resources and services that
	1669	+	eliminate barriers to school attendance or that seek to prevent
	1670	+	criminal behavior.
	1671	+	Sec. 36.003. USE OF FUNDS IN ACCOUNT. (a) The judge of a
	1672	+	truancy court or justice or municipal court, in accordance with
	1673	+	Section 36.002, may award money from a judicial donation trust fund
	1674	+	established under Section 36.001 to eligible children or families
	1675	+	who appear before the court for truant conduct or an offense under
	1676	+	Section 25.093, Education Code.
	1677	+	(b) A judge of a truancy court or justice or municipal court
	1678	+	may order the municipal or county treasurer to issue payment from
	1679	+	the judicial donation trust fund for money awarded under this
	1680	+	section.
	1681	+	SECTION 32. Section 54.1172(a), Government Code, is amended
1592	1682		to read as follows:
1593	1683		(a) The county judge may appoint one or more part-time or
1594	1684		full-time magistrates to hear a matter alleging a violation of
1595	1685		Section 25.093 [or 25.094], Education Code, or alleging truant
1596		-	conduct under Section 62.03(a), Education Code.
1597		-	SECTION 31. Section 54.1952(a), Government Code, is amended
	1686	+	conduct under Section 25A.003(a), Education Code.
	1687	+	SECTION 33. Section 54.1952(a), Government Code, is amended
1598	1688		to read as follows:
1599	1689		(a) The county judge may appoint one or more part-time or
1600	1690		full-time magistrates to hear a matter alleging a violation of
1601	1691		Section 25.093 [or 25.094], Education Code, or alleging truant
1602		-	conduct under Section 62.03(a), Education Code, referred to the
	1692	+	conduct under Section 25A.003(a), Education Code, referred to the
1603	1693		magistrate by a court having jurisdiction over the matter.
1604		-	SECTION 32. Section 54.1955, Government Code, is amended to
	1694	+	SECTION 34. Section 54.1955, Government Code, is amended to
1605	1695		read as follows:
1606	1696		Sec. 54.1955. POWERS. (a) Except as limited by an order of
1607	1697		the county judge, a magistrate appointed under this subchapter may:
1608	1698		(1) conduct hearings;
1609	1699		(2) hear evidence;
1610	1700		(3) issue summons for the appearance of witnesses;
1611	1701		(4) examine witnesses;
1612	1702		(5) swear witnesses for hearings;
1613	1703		(6) recommend rulings or orders or a judgment in a
1614	1704		case;
1615	1705		(7) regulate proceedings in a hearing;
1616	1706		(8) accept a plea of guilty or nolo contendere in a
1617	1707		case alleging a violation of Section 25.093 [or 25.094], Education
1618	1708		Code, and assess a fine or court costs or order community service in
1619	1709		satisfaction of a fine or costs in accordance with Article 45.049,
1620	1710		Code of Criminal Procedure;
1621	1711		(9) for a violation of Section 25.093, Education Code,
1622	1712		enter an order suspending a sentence or deferring a final
1623	1713		disposition that includes at least one of the requirements listed
1624	1714		in Article 45.051, Code of Criminal Procedure;
1625	1715		(10) for an uncontested adjudication of truant conduct
1626		-	under Section 62.03, Education Code, accept a plea to the ~~petition~~
1627		-	or a stipulation of evidence, and take any other action ~~authorized~~
1628		-	under ~~Subtitle J, Title 2~~, Education Code; and
	1716	+	under Section 25A.003, Education Code, accept a plea to the
	1717	+	petition or a stipulation of evidence, and take any other action
	1718	+	authorized under Chapter 25A, Education Code; and
1629	1719		(11) perform any act and take any measure necessary
1630	1720		and proper for the efficient performance of the duties required by
1631	1721		the referral order, including the entry of an order that includes at
1632		-	least one of the remedial options [requirements] in Section 64.03,
1633		-	Education Code [Article 45.054, Code of Criminal Procedure; and
	1722	+	least one of the remedial options [requirements] in Section
	1723	+	25A.103, Education Code [Article 45.054, Code of Criminal
	1724	+	Procedure; and
1634	1725		[(11) if the magistrate finds that a child as defined
1635	1726		by Article 45.058, Code of Criminal Procedure, has violated an
1636	1727		order under Article 45.054, Code of Criminal Procedure, proceed as
1637	1728		authorized by Article 45.050, Code of Criminal Procedure].
1638	1729		(b) With respect to an issue of law or fact the ruling on
1639	1730		which could result in the dismissal of a prosecution under Section
1640	1731		25.093 [or 25.094], Education Code, or a case of truant conduct
1641		-	under Section 62.03, Education Code, a magistrate may not rule on
	1732	+	under Section 25A.003, Education Code, a magistrate may not rule on
1642	1733		the issue but may make findings, conclusions, and recommendations
1643	1734		on the issue.
1644		-	SECTION 33. Section 54.1956, Government Code, is amended to
	1735	+	SECTION 35. Section 54.1956, Government Code, is amended to
1645	1736		read as follows:
1646	1737		Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
1647	1738		CONDUCT. (a) On entry of a not guilty plea for a violation of
1648	1739		Section 25.093, Education Code, the magistrate shall refer the case
1649	1740		back to the referring court for all further pretrial proceedings
1650	1741		and a full trial on the merits before the court or a jury.
1651	1742		(b) On denial by a child of truant conduct, as defined by
1652		-	Section 62.03(a), Education Code, the magistrate shall refer the
	1743	+	Section 25A.003(a), Education Code, the magistrate shall refer the
1653	1744		case to the appropriate truancy court for adjudication.
1654		-	SECTION 34. Section 71.0352, Government Code, is amended to
	1745	+	SECTION 36. Section 71.0352, Government Code, is amended to
1655	1746		read as follows:
1656	1747		Sec. 71.0352. JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL,
1657	1748		AND TRUANCY [JUVENILE] COURTS. As a component of the official
1658	1749		monthly report submitted to the Office of Court Administration of
1659	1750		the Texas Judicial System:
1660	1751		(1) a justice court, [and] municipal court, or truancy
1661	1752		court [courts] shall report the number of cases filed for [the
1662	1753		following offenses]:
1663		-	(A) truant conduct under Section 62.03(a),
	1754	+	(A) truant conduct under Section 25A.003(a),
1664	1755		Education Code [failure to attend school under Section 25.094,
1665	1756		Education Code];
1666	1757		(B) the offense of parent contributing to
1667	1758		nonattendance under Section 25.093, Education Code; and
1668	1759		(C) a violation of a local daytime curfew
1669	1760		ordinance adopted under Section 341.905 or 351.903, Local
1670	1761		Government Code; and
1671	1762		(2) in cases in which a child fails to obey an order of
1672	1763		a justice court, [or] municipal court, or truancy court under
1673	1764		circumstances that would constitute contempt of court, the justice
1674	1765		court, [or] municipal court, or truancy court shall report the
1675	1766		number of incidents in which the child is:
1676	1767		(A) referred to the appropriate juvenile court
1677	1768		for delinquent conduct as provided by Article 45.050(c)(1), Code of
1678		-	Criminal Procedure, or [and] Section 67.01(b)(1) [51.03(a)(2)],
	1769	+	Criminal Procedure, or [and] Section 25A.251(b)(1) [51.03(a)(2)],
1679	1770		Education [Family] Code; or
1680	1771		(B) held in contempt, fined, or denied driving
1681	1772		privileges as provided by Article 45.050(c)(2), Code of Criminal
1682		-	Procedure, or Section 67.01(b)(2), Education Code.
1683		-	SECTION 35. Section 102.021, Government Code, is amended to
	1773	+	Procedure, or Section 25A.251(b)(2), Education Code.
	1774	+	SECTION 37. Section 102.021, Government Code, is amended to
1684	1775		read as follows:
1685	1776		Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
1686	1777		PROCEDURE. A person convicted of an offense shall pay the following
1687	1778		under the Code of Criminal Procedure, in addition to all other
1688	1779		costs:
1689	1780		(1) court cost on conviction of any offense, other
1690	1781		than a conviction of an offense relating to a pedestrian or the
1691	1782		parking of a motor vehicle (Art. 102.0045, Code of Criminal
1692	1783		Procedure) . . . $4;
1693	1784		(2) a fee for services of prosecutor (Art. 102.008,
1694	1785		Code of Criminal Procedure) . . . $25;
1695	1786		(3) fees for services of peace officer:
1696	1787		(A) issuing a written notice to appear in court
1697	1788		for certain violations (Art. 102.011, Code of Criminal Procedure)
1698	1789		. . . $5;
1699	1790		(B) executing or processing an issued arrest
1700	1791		warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
1701	1792		Procedure) . . . $50;
1702	1793		(C) summoning a witness (Art. 102.011, Code of
1703	1794		Criminal Procedure) . . . $5;
1704	1795		(D) serving a writ not otherwise listed (Art.
1705	1796		102.011, Code of Criminal Procedure) . . . $35;
1706	1797		(E) taking and approving a bond and, if
1707	1798		necessary, returning the bond to courthouse (Art. 102.011, Code of
1708	1799		Criminal Procedure) . . . $10;
1709	1800		(F) commitment or release (Art. 102.011, Code of
1710	1801		Criminal Procedure) . . . $5;
1711	1802		(G) summoning a jury (Art. 102.011, Code of
1712	1803		Criminal Procedure) . . . $5;
1713	1804		(H) attendance of a prisoner in habeas corpus
1714	1805		case if prisoner has been remanded to custody or held to bail (Art.
1715	1806		102.011, Code of Criminal Procedure) . . . $8 each day;
1716	1807		(I) mileage for certain services performed (Art.
1717	1808		102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
1718	1809		(J) services of a sheriff or constable who serves
1719	1810		process and attends examining trial in certain cases (Art. 102.011,
1720	1811		Code of Criminal Procedure) . . . not to exceed $5;
1721	1812		(4) services of a peace officer in conveying a witness
1722	1813		outside the county (Art. 102.011, Code of Criminal Procedure) . . .
1723	1814		$10 per day or part of a day, plus actual necessary travel expenses;
1724	1815		(5) overtime of peace officer for time spent
1725	1816		testifying in the trial or traveling to or from testifying in the
1726	1817		trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
1727	1818		(6) court costs on an offense relating to rules of the
1728	1819		road, when offense occurs within a school crossing zone (Art.
1729	1820		102.014, Code of Criminal Procedure) . . . $25;
1730	1821		(7) court costs on an offense of passing a school bus
1731	1822		(Art. 102.014, Code of Criminal Procedure) . . . $25;
1732	1823		(8) court costs on an offense of parent contributing
1733	1824		to student nonattendance [truancy or contributing to truancy] (Art.
1734	1825		102.014, Code of Criminal Procedure) . . . $20;
1735	1826		(9) cost for visual recording of intoxication arrest
1736	1827		before conviction (Art. 102.018, Code of Criminal Procedure) . . .
1737	1828		$15;
1738	1829		(10) cost of certain evaluations (Art. 102.018, Code
1739	1830		of Criminal Procedure) . . . actual cost;
1740	1831		(11) additional costs attendant to certain
1741	1832		intoxication convictions under Chapter 49, Penal Code, for
1742	1833		emergency medical services, trauma facilities, and trauma care
1743	1834		systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
1744	1835		(12) additional costs attendant to certain child
1745	1836		sexual assault and related convictions, for child abuse prevention
1746	1837		programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
1747	1838		(13) court cost for DNA testing for certain felonies
1748	1839		(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
1749	1840		(14) court cost for DNA testing for the offense of
1750	1841		public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
1751	1842		Criminal Procedure) . . . $50;
1752	1843		(15) court cost for DNA testing for certain felonies
1753	1844		(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
1754	1845		(16) if required by the court, a restitution fee for
1755	1846		costs incurred in collecting restitution installments and for the
1756	1847		compensation to victims of crime fund (Art. 42.037, Code of
1757	1848		Criminal Procedure) . . . $12;
1758	1849		(17) if directed by the justice of the peace or
1759	1850		municipal court judge hearing the case, court costs on conviction
1760	1851		in a criminal action (Art. 45.041, Code of Criminal Procedure)
1761	1852		. . . part or all of the costs as directed by the judge; and
1762	1853		(18) costs attendant to convictions under Chapter 49,
1763	1854		Penal Code, and under Chapter 481, Health and Safety Code, to help
1764	1855		fund drug court programs established under Chapter 122, 123, 124,
1765	1856		or 125, Government Code, or former law (Art. 102.0178, Code of
1766	1857		Criminal Procedure) . . . $60.
1767		-	SECTION 36. Section 103.021, Government Code, is amended to
	1858	+	SECTION 38. Section 103.021, Government Code, is amended to
1768	1859		read as follows:
1769	1860		Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
1770	1861		CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
1771	1862		or a party to a civil suit, as applicable, shall pay the following
1772	1863		fees and costs under the Code of Criminal Procedure if ordered by
1773	1864		the court or otherwise required:
1774	1865		(1) a personal bond fee (Art. 17.42, Code of Criminal
1775	1866		Procedure) . . . the greater of $20 or three percent of the amount
1776	1867		of the bail fixed for the accused;
1777	1868		(2) cost of electronic monitoring as a condition of
1778	1869		release on personal bond (Art. 17.43, Code of Criminal Procedure)
1779	1870		. . . actual cost;
1780	1871		(3) a fee for verification of and monitoring of motor
1781	1872		vehicle ignition interlock (Art. 17.441, Code of Criminal
1782	1873		Procedure) . . . not to exceed $10;
1783	1874		(3-a) costs associated with operating a global
1784	1875		positioning monitoring system as a condition of release on bond
1785	1876		(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
1786	1877		subject to a determination of indigency;
1787	1878		(3-b) costs associated with providing a defendant's
1788	1879		victim with an electronic receptor device as a condition of the
1789	1880		defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
1790	1881		Procedure) . . . actual costs, subject to a determination of
1791	1882		indigency;
1792	1883		(4) repayment of reward paid by a crime stoppers
1793	1884		organization on conviction of a felony (Art. 37.073, Code of
1794	1885		Criminal Procedure) . . . amount ordered;
1795	1886		(5) reimbursement to general revenue fund for payments
1796	1887		made to victim of an offense as condition of community supervision
1797	1888		(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
1798	1889		a misdemeanor offense or $100 for a felony offense;
1799	1890		(6) payment to a crime stoppers organization as
1800	1891		condition of community supervision (Art. 42.12, Code of Criminal
1801	1892		Procedure) . . . not to exceed $50;
1802	1893		(7) children's advocacy center fee (Art. 42.12, Code
1803	1894		of Criminal Procedure) . . . not to exceed $50;
1804	1895		(8) family violence center fee (Art. 42.12, Code of
1805	1896		Criminal Procedure) . . . $100;
1806	1897		(9) community supervision fee (Art. 42.12, Code of
1807	1898		Criminal Procedure) . . . not less than $25 or more than $60 per
1808	1899		month;
1809	1900		(10) additional community supervision fee for certain
1810	1901		offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
1811	1902		month;
1812	1903		(11) for certain financially able sex offenders as a
1813	1904		condition of community supervision, the costs of treatment,
1814	1905		specialized supervision, or rehabilitation (Art. 42.12, Code of
1815	1906		Criminal Procedure) . . . all or part of the reasonable and
1816	1907		necessary costs of the treatment, supervision, or rehabilitation as
1817	1908		determined by the judge;
1818	1909		(12) fee for failure to appear for trial in a justice
1819	1910		or municipal court if a jury trial is not waived (Art. 45.026, Code
1820	1911		of Criminal Procedure) . . . costs incurred for impaneling the
1821	1912		jury;
1822	1913		(13) costs of certain testing, assessments, or
1823	1914		programs during a deferral period (Art. 45.051, Code of Criminal
1824	1915		Procedure) . . . amount ordered;
1825	1916		(14) special expense on dismissal of certain
1826	1917		misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
1827	1918		. . . not to exceed amount of fine assessed;
1828	1919		(15) an additional fee:
1829	1920		(A) for a copy of the defendant's driving record
1830	1921		to be requested from the Department of Public Safety by the judge
1831	1922		(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
1832	1923		to the sum of the fee established by Section 521.048,
1833	1924		Transportation Code, and the state electronic Internet portal fee;
1834	1925		(B) as an administrative fee for requesting a
1835	1926		driving safety course or a course under the motorcycle operator
1836	1927		training and safety program for certain traffic offenses to cover
1837	1928		the cost of administering the article (Art. 45.0511(f)(1), Code of
1838	1929		Criminal Procedure) . . . not to exceed $10; or
1839	1930		(C) for requesting a driving safety course or a
1840	1931		course under the motorcycle operator training and safety program
1841	1932		before the final disposition of the case (Art. 45.0511(f)(2), Code
1842	1933		of Criminal Procedure) . . . not to exceed the maximum amount of the
1843	1934		fine for the offense committed by the defendant;
1844	1935		(16) a request fee for teen court program (Art.
1845	1936		45.052, Code of Criminal Procedure) . . . $20, if the court
1846	1937		ordering the fee is located in the Texas-Louisiana border region,
1847	1938		but otherwise not to exceed $10;
1848	1939		(17) a fee to cover costs of required duties of teen
1849	1940		court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
1850	1941		court ordering the fee is located in the Texas-Louisiana border
1851	1942		region, but otherwise $10;
1852	1943		(18) a mileage fee for officer performing certain
1853	1944		services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
1854	1945		mile;
1855	1946		(19) certified mailing of notice of hearing date (Art.
1856	1947		102.006, Code of Criminal Procedure) . . . $1, plus postage;
1857	1948		(20) certified mailing of certified copies of an order
1858	1949		of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
1859	1950		plus postage;
1860	1951		(20-a) a fee to defray the cost of notifying state
1861	1952		agencies of orders of expungement (Art. 45.0216, Code of Criminal
1862	1953		Procedure) . . . $30 per application;
1863	1954		[(20-b) a fee to defray the cost of notifying state
1864	1955		agencies of orders of expunction (Art. 45.055, Code of Criminal
1865	1956		Procedure) . . . $30 per application;]
1866	1957		(21) sight orders:
1867	1958		(A) if the face amount of the check or sight order
1868	1959		does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
1869	1960		. . . not to exceed $10;
1870	1961		(B) if the face amount of the check or sight order
1871	1962		is greater than $10 but does not exceed $100 (Art. 102.007, Code of
1872	1963		Criminal Procedure) . . . not to exceed $15;
1873	1964		(C) if the face amount of the check or sight order
1874	1965		is greater than $100 but does not exceed $300 (Art. 102.007, Code of
1875	1966		Criminal Procedure) . . . not to exceed $30;
1876	1967		(D) if the face amount of the check or sight order
1877	1968		is greater than $300 but does not exceed $500 (Art. 102.007, Code of
1878	1969		Criminal Procedure) . . . not to exceed $50; and
1879	1970		(E) if the face amount of the check or sight order
1880	1971		is greater than $500 (Art. 102.007, Code of Criminal Procedure)
1881	1972		. . . not to exceed $75;
1882	1973		(22) fees for a pretrial intervention program:
1883	1974		(A) a supervision fee (Art. 102.012(a), Code of
1884	1975		Criminal Procedure) . . . $60 a month plus expenses; and
1885	1976		(B) a district attorney, criminal district
1886	1977		attorney, or county attorney administrative fee (Art. 102.0121,
1887	1978		Code of Criminal Procedure) . . . not to exceed $500;
1888	1979		(23) parking fee violations for child safety fund in
1889	1980		municipalities with populations:
1890	1981		(A) greater than 850,000 (Art. 102.014, Code of
1891	1982		Criminal Procedure) . . . not less than $2 and not to exceed $5; and
1892	1983		(B) less than 850,000 (Art. 102.014, Code of
1893	1984		Criminal Procedure) . . . not to exceed $5;
1894	1985		(24) an administrative fee for collection of fines,
1895	1986		fees, restitution, or other costs (Art. 102.072, Code of Criminal
1896	1987		Procedure) . . . not to exceed $2 for each transaction; and
1897	1988		(25) a collection fee, if authorized by the
1898	1989		commissioners court of a county or the governing body of a
1899	1990		municipality, for certain debts and accounts receivable, including
1900	1991		unpaid fines, fees, court costs, forfeited bonds, and restitution
1901	1992		ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
1902	1993		percent of an amount more than 60 days past due.
1903		-	SECTION 37. Subchapter B, Chapter 103, Government Code, is
	1994	+	SECTION 39. Subchapter B, Chapter 103, Government Code, is
1904	1995		amended by adding Section 103.035 to read as follows:
1905	1996		Sec. 103.035. ADDITIONAL COSTS IN TRUANCY CASES: EDUCATION
1906	1997		CODE. A party to a truancy case in a truancy court shall pay court
1907		-	costs of $50 under Section 64.07, Education Code, if ordered by the
1908		-	truancy court.
1909		-	SECTION 38. The following laws are repealed:
	1998	+	costs of $50 under Section 25A.107, Education Code, if ordered by
	1999	+	the truancy court.
	2000	+	SECTION 40. Section 81.032, Local Government Code, is
	2001	+	amended to read as follows:
	2002	+	Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The
	2003	+	commissioners court may accept a gift, grant, donation, bequest, or
	2004	+	devise of money or other property on behalf of the county, including
	2005	+	a donation under Chapter 36, Government Code, for the purpose of
	2006	+	performing a function conferred by law on the county or a county
	2007	+	officer.
	2008	+	SECTION 41. The following laws are repealed:
1910	2009		(1) Articles 45.054 and 45.055, Code of Criminal
1911	2010		Procedure;
1912	2011		(2) Section 25.094, Education Code; and
1913	2012		(3) Sections 51.03(d), (e-1), and (g), 51.04(h),
1914	2013		51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1),
1915	2014		Family Code.
1916		-	SECTION 39. The changes in law made by this Act apply only
	2015	+	SECTION 42. The changes in law made by this Act apply only
1917	2016		to an offense committed or conduct that occurs on or after the
1918	2017		effective date of this Act. An offense committed or conduct that
1919	2018		occurs before the effective date of this Act is governed by the law
1920	2019		in effect on the date the offense was committed or the conduct
1921	2020		occurred, and the former law is continued in effect for that
1922	2021		purpose. For purposes of this section, an offense is committed or
1923	2022		conduct occurs before the effective date of this Act if any element
1924	2023		of the offense or conduct occurs before that date.
1925		-	SECTION 40. To the extent of any conflict, this Act prevails
	2024	+	SECTION 43. To the extent of any conflict, this Act prevails
1926	2025		over another Act of the 84th Legislature, Regular Session, 2015,
1927	2026		relating to nonsubstantive additions to and corrections in enacted
1928	2027		codes.
1929		-	SECTION 41. This Act takes effect immediately if it
	2028	+	SECTION 44. This Act takes effect immediately if it
1930	2029		receives a vote of two-thirds of all the members elected to each
1931	2030		house, as provided by Section 39, Article III, Texas Constitution.
1932	2031		If this Act does not receive the vote necessary for immediate
1933	2032		effect, this Act takes effect September 1, 2015.
1934		-	* * * * *