Texas 2015 - 84th Regular

Texas Senate Bill SB285 Compare Versions

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

Old	New	Differences
1	1	84R2288 MK-D
2	2	By: West S.B. No. 285
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to court jurisdiction and procedures for truancy.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Article 4.14(g), Code of Criminal Procedure, is
10	10	amended to read as follows:
11	11	(g) A municipality may enter into an agreement with a
12	12	contiguous municipality or a municipality with boundaries that are
13	13	within one-half mile of the municipality seeking to enter into the
14	14	agreement to establish concurrent jurisdiction of the municipal
15	15	courts in the municipalities and provide original jurisdiction to a
16	16	municipal court in which a case is brought as if the municipal court
17	17	were located in the municipality in which the case arose, for:
18	18	(1) all cases in which either municipality has
19	19	jurisdiction under Subsection (a); and
20	20	(2) cases that arise under Section 821.022, Health and
21	21	Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
22	22	Code].
23	23	SECTION 2. Article 45.0216(g), Code of Criminal Procedure,
24	24	is amended to read as follows:
25	25	(g) This article does not apply to any offense otherwise
26	26	covered by:
27	27	(1) Chapter 106, Alcoholic Beverage Code; or
28	28	(2) Chapter 161, Health and Safety Code[; or
29	29	[(3) Section 25.094, Education Code].
30	30	SECTION 3. Article 102.014(d), Code of Criminal Procedure,
31	31	is amended to read as follows:
32	32	(d) A person convicted of an offense under Section 25.093
33	33	[or 25.094], Education Code, shall pay as taxable court costs $20 in
34	34	addition to other taxable court costs. The additional court costs
35	35	under this subsection shall be collected in the same manner that
36	36	other fines and taxable court costs in the case are collected.
37	37	SECTION 4. (a) Section 7.111(a), Education Code, as amended
38	38	by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of the 83rd
39	39	Legislature, Regular Session, 2013, is reenacted to read as
40	40	follows:
41	41	(a) The board shall provide for the administration of high
42	42	school equivalency examinations.
43	43	(b) Section 7.111(a-1), Education Code, is amended to
44	44	conform to the amendment of Section 7.111(a), Education Code, by
45	45	Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
46	46	Session, 2013, and is further amended to read as follows:
47	47	(a-1) A person who does not have a high school diploma may
48	48	take the examination in accordance with rules adopted by the board
49	49	if the person is:
50	50	(1) over 17 years of age;
51	51	(2) 16 years of age or older and:
52	52	(A) is enrolled in a Job Corps training program
53	53	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
54	54	et seq.), and its subsequent amendments;
55	55	(B) a public agency providing supervision of the
56	56	person or having custody of the person under a court order
57	57	recommends that the person take the examination; or
58	58	(C) is enrolled in the Texas Military
59	59	Department's [adjutant general's department's] Seaborne ChalleNGe
60	60	Corps; or
61	61	(3) required to take the examination under a court
62	62	order issued under Section 54.0492(a)(1)(C), Family Code.
63	63	SECTION 5. Section 25.085(f), Education Code, is amended to
64	64	read as follows:
65	65	(f) The board of trustees of a school district may adopt a
66	66	policy requiring a person described by Subsection (e) who is under
67	67	21 years of age to attend school until the end of the school year.
68	68	[Section 25.094 applies to a person subject to a policy adopted
69	69	under this subsection.] Sections 25.093 and 25.095 do not apply to
70	70	the parent of a person subject to a policy adopted under this
71	71	subsection.
72	72	SECTION 6. Sections 25.091(a) and (b), Education Code, are
73	73	amended to read as follows:
74	74	(a) A peace officer serving as an attendance officer has the
75	75	following powers and duties concerning enforcement of compulsory
76	76	school attendance requirements:
77	77	(1) to investigate each case of a violation of
78	78	compulsory school attendance requirements referred to the peace
79	79	officer;
80	80	(2) to enforce compulsory school attendance
81	81	requirements by:
82	82	(A) applying truancy prevention measures adopted
83	83	under Section 25.0915 to the student; and
84	84	(B) if the truancy prevention measures fail to
85	85	meaningfully address the student's conduct:
86	86	(i) referring the student to a juvenile
87	87	court or filing a complaint against the student in a county,
88	88	justice, or municipal court if the student has unexcused absences
89	89	for the amount of time specified under [Section 25.094 or under]
90	90	Section 51.03(b)(2), Family Code; or
91	91	(ii) filing a complaint in a county,
92	92	justice, or municipal court against a parent who violates Section
93	93	25.093;
94	94	(3) to serve court-ordered legal process;
95	95	(4) to review school attendance records for compliance
96	96	by each student investigated by the officer;
97	97	(5) to maintain an investigative record on each
98	98	compulsory school attendance requirement violation and related
99	99	court action and, at the request of a court, the board of trustees
100	100	of a school district, or the commissioner, to provide a record to
101	101	the individual or entity requesting the record;
102	102	(6) to make a home visit or otherwise contact the
103	103	parent of a student who is in violation of compulsory school
104	104	attendance requirements, except that a peace officer may not enter
105	105	a residence without the permission of the parent of a student
106	106	required under this subchapter to attend school or of the tenant or
107	107	owner of the residence except to lawfully serve court-ordered legal
108	108	process on the parent; and
109	109	(7) to take a student into custody with the permission
110	110	of the student's parent or in obedience to a court-ordered legal
111	111	process.
112	112	(b) An attendance officer employed by a school district who
113	113	is not commissioned as a peace officer has the following powers and
114	114	duties with respect to enforcement of compulsory school attendance
115	115	requirements:
116	116	(1) to investigate each case of a violation of the
117	117	compulsory school attendance requirements referred to the
118	118	attendance officer;
119	119	(2) to enforce compulsory school attendance
120	120	requirements by:
121	121	(A) applying truancy prevention measures adopted
122	122	under Section 25.0915 to the student; and
123	123	(B) if the truancy prevention measures fail to
124	124	meaningfully address the student's conduct:
125	125	(i) referring the student to a juvenile
126	126	court or filing a complaint against the student in a county,
127	127	justice, or municipal court if the student has unexcused absences
128	128	for the amount of time specified under [Section 25.094 or under]
129	129	Section 51.03(b)(2), Family Code; and
130	130	(ii) filing a complaint in a county,
131	131	justice, or municipal court against a parent who violates Section
132	132	25.093;
133	133	(3) to monitor school attendance compliance by each
134	134	student investigated by the officer;
135	135	(4) to maintain an investigative record on each
136	136	compulsory school attendance requirement violation and related
137	137	court action and, at the request of a court, the board of trustees
138	138	of a school district, or the commissioner, to provide a record to
139	139	the individual or entity requesting the record;
140	140	(5) to make a home visit or otherwise contact the
141	141	parent of a student who is in violation of compulsory school
142	142	attendance requirements, except that the attendance officer may not
143	143	enter a residence without permission of the parent or of the owner
144	144	or tenant of the residence;
145	145	(6) at the request of a parent, to escort a student
146	146	from any location to a school campus to ensure the student's
147	147	compliance with compulsory school attendance requirements; and
148	148	(7) if the attendance officer has or is informed of a
149	149	court-ordered legal process directing that a student be taken into
150	150	custody and the school district employing the officer does not
151	151	employ its own police department, to contact the sheriff,
152	152	constable, or any peace officer to request that the student be taken
153	153	into custody and processed according to the legal process.
154	154	SECTION 7. Sections 25.0915(a) and (b), Education Code, are
155	155	amended to read as follows:
156	156	(a) A school district shall adopt truancy prevention
157	157	measures designed to:
158	158	(1) address student conduct related to truancy in the
159	159	school setting; and
160	160	(2) minimize the need for referrals to juvenile court
161	161	for conduct described by Section 51.03(b)(2), Family Code[; and
162	162	[(3) minimize the filing of complaints in county,
163	163	justice, and municipal courts alleging a violation of Section
164	164	25.094].
165	165	(b) Each referral to juvenile court for conduct described by
166	166	Section 51.03(b)(2), Family Code, [or complaint filed in county,
167	167	justice, or municipal court alleging a violation by a student of
168	168	Section 25.094] must:
169	169	(1) be accompanied by a statement from the student's
170	170	school certifying that:
171	171	(A) the school applied the truancy prevention
172	172	measures adopted under Subsection (a) to the student; and
173	173	(B) the truancy prevention measures failed to
174	174	meaningfully address the student's school attendance; and
175	175	(2) specify whether the student is eligible for or
176	176	receives special education services under Subchapter A, Chapter 29.
177	177	SECTION 8. Section 25.093(a), Education Code, is amended to
178	178	read as follows:
179	179	(a) If a warning is issued as required by Section 25.095(a),
180	180	the parent with criminal negligence fails to require the child to
181	181	attend school as required by law, and the child has absences for the
182	182	amount of time specified under Section 51.03(b)(2), Family Code
183	183	[25.094], the parent commits an offense.
184	184	SECTION 9. Sections 25.095(a) and (c), Education Code, are
185	185	amended to read as follows:
186	186	(a) A school district or open-enrollment charter school
187	187	shall notify a student's parent in writing at the beginning of the
188	188	school year that if the student is absent from school on 10 or more
189	189	days or parts of days within a six-month period in the same school
190	190	year or on three or more days or parts of days within a four-week
191	191	period:
192	192	(1) the student's parent is subject to prosecution
193	193	under Section 25.093; and
194	194	(2) the student is subject to [prosecution under
195	195	Section 25.094 or to] referral to a juvenile court [in a county with
196	196	a population of less than 100,000] for conduct indicating a need for
197	197	supervision under Section 51.03(b)(2), Family Code [that violates
198	198	that section].
199	199	(c) The fact that a parent did not receive a notice under
200	200	Subsection (a) or (b) does not create a defense [to prosecution]
201	201	under Section 25.093 or Section 51.03(b)(2), Family Code [25.094].
202	202	SECTION 10. Sections 25.0951(a), (b), and (c), Education
203	203	Code, are amended to read as follows:
204	204	(a) If a student fails to attend school without excuse on 10
205	205	or more days or parts of days within a six-month period in the same
206	206	school year, a school district shall within 10 school days of the
207	207	student's 10th absence[:
208	208	[(1) file a complaint against the student or the
209	209	student's parent or both in a county, justice, or municipal court
210	210	for an offense under Section 25.093 or 25.094, as appropriate, or
211	211	refer the student to a juvenile court in a county with a population
212	212	of less than 100,000 for conduct that violates Section 25.094; or
213	213	[(2)] refer the student to a juvenile court for
214	214	conduct indicating a need for supervision under Section
215	215	51.03(b)(2), Family Code.
216	216	(b) If a student fails to attend school without excuse on
217	217	three or more days or parts of days within a four-week period but
218	218	does not fail to attend school for the time described by Subsection
219	219	(a), the school district may[:
220	220	[(1) file a complaint against the student or the
221	221	student's parent or both in a county, justice, or municipal court
222	222	for an offense under Section 25.093 or 25.094, as appropriate, or
223	223	refer the student to a juvenile court in a county with a population
224	224	of less than 100,000 for conduct that violates Section 25.094; or
225	225	[(2)] refer the student to a juvenile court for
226	226	conduct indicating a need for supervision under Section
227	227	51.03(b)(2), Family Code.
228	228	(c) If a student fails to attend school without excuse as
229	229	specified by Subsection (a) or (b), a school district may file a
230	230	complaint against the student's parent in a county, justice, or
231	231	municipal court for an offense under Section 25.093. In this
232	232	subsection [section], "parent" includes a person standing in
233	233	parental relation.
234	234	SECTION 11. Section 25.0952, Education Code, is amended to
235	235	read as follows:
236	236	Sec. 25.0952. PROCEDURES APPLICABLE TO SCHOOL
237	237	ATTENDANCE-RELATED OFFENSES. In a proceeding based on a complaint
238	238	under Section 25.093 [or 25.094], the court shall, except as
239	239	otherwise provided by this chapter, use the procedures and exercise
240	240	the powers authorized by Chapter 45, Code of Criminal Procedure.
241	241	SECTION 12. Section 29.087(d), Education Code, is amended
242	242	to read as follows:
243	243	(d) A student is eligible to participate in a program
244	244	authorized by this section if:
245	245	(1) the student has been ordered by a court under
246	246	Section 54.0492, Family Code [Article 45.054, Code of Criminal
247	247	Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
248	248	Regular Session, 2001], or by the Texas Juvenile Justice Department
249	249	[Youth Commission] to:
250	250	(A) participate in a preparatory class for the
251	251	high school equivalency examination; or
252	252	(B) take the high school equivalency examination
253	253	administered under Section 7.111; or
254	254	(2) the following conditions are satisfied:
255	255	(A) the student is at least 16 years of age at the
256	256	beginning of the school year or semester;
257	257	(B) the student is a student at risk of dropping
258	258	out of school, as defined by Section 29.081;
259	259	(C) the student and the student's parent or
260	260	guardian agree in writing to the student's participation;
261	261	(D) at least two school years have elapsed since
262	262	the student first enrolled in ninth grade and the student has
263	263	accumulated less than one third of the credits required to graduate
264	264	under the minimum graduation requirements of the district or
265	265	school; and
266	266	(E) any other conditions specified by the
267	267	commissioner.
268	268	SECTION 13. Section 51.02(15), Family Code, is amended to
269	269	read as follows:
270	270	(15) "Status offender" means a child who is accused,
271	271	adjudicated, or convicted for conduct that would not, under state
272	272	law, be a crime if committed by an adult, including:
273	273	(A) truancy under Section 51.03(b)(2);
274	274	(B) running away from home under Section
275	275	51.03(b)(3);
276	276	(C) a fineable only offense under Section
277	277	51.03(b)(1) transferred to the juvenile court under Section
278	278	51.08(b), but only if the conduct constituting the offense would
279	279	not have been criminal if engaged in by an adult;
280	280	(D) [failure to attend school under Section
281	281	25.094, Education Code;
282	282	[(E)] a violation of standards of student conduct
283	283	as described by Section 51.03(b)(5);
284	284	(E) [(F)] a violation of a juvenile curfew
285	285	ordinance or order;
286	286	(F) [(G)] a violation of a provision of the
287	287	Alcoholic Beverage Code applicable to minors only; or
288	288	(G) [(H)] a violation of any other fineable only
289	289	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
290	290	conduct constituting the offense would not have been criminal if
291	291	engaged in by an adult.
292	292	SECTION 14. Sections 51.03(b) and (f), Family Code, are
293	293	amended to read as follows:
294	294	(b) Conduct indicating a need for supervision is:
295	295	(1) subject to Subsection (f), conduct, other than a
296	296	traffic offense, that violates:
297	297	(A) the penal laws of this state of the grade of
298	298	misdemeanor that are punishable by fine only; or
299	299	(B) the penal ordinances of any political
300	300	subdivision of this state;
301	301	(2) truancy, which is the absence of a child on 10 or
302	302	more days or parts of days within a six-month period in the same
303	303	school year or on three or more days or parts of days within a
304	304	four-week period from school;
305	305	(3) the voluntary absence of a child from the child's
306	306	home without the consent of the child's parent or guardian for a
307	307	substantial length of time or without intent to return;
308	308	(4) conduct prohibited by city ordinance or by state
309	309	law involving the inhalation of the fumes or vapors of paint and
310	310	other protective coatings or glue and other adhesives and the
311	311	volatile chemicals itemized in Section 485.001, Health and Safety
312	312	Code;
313	313	(5) an act that violates a school district's
314	314	previously communicated written standards of student conduct for
315	315	which the child has been expelled under Section 37.007(c),
316	316	Education Code;
317	317	(6) conduct that violates a reasonable and lawful
318	318	order of a court entered under Section 264.305;
319	319	(7) notwithstanding Subsection (a)(1), conduct
320	320	described by Section 43.02(a)(1) or (2), Penal Code; or
321	321	(8) notwithstanding Subsection (a)(1), conduct that
322	322	violates Section 43.261, Penal Code.
323	323	(f) Conduct [Except as provided by Subsection (g), conduct]
324	324	described under Subsection (b)(1) does not constitute conduct
325	325	indicating a need for supervision unless the child has been
326	326	referred to the juvenile court under Section 51.08(b).
327	327	SECTION 15. Section 51.04, Family Code, is amended by
328	328	amending Subsections (b) and (h) and adding Subsection (j) to read
329	329	as follows:
330	330	(b) In each county, the county's juvenile board shall
331	331	designate one or more district, criminal district, domestic
332	332	relations, juvenile, or county courts or county courts at law as the
333	333	juvenile court, subject to Subsections (c), (d), [and] (i), and
334	334	(j).
335	335	(h) In a county with a population of less than 100,000, the
336	336	juvenile court has concurrent jurisdiction with the justice and
337	337	municipal courts over conduct engaged in by a child that violates
338	338	Section 51.03(b)(2) [25.094, Education Code].
339	339	(j) In a county with a population of 1.75 million or more, a
340	340	county, justice, or municipal court is designated as a juvenile
341	341	court to make determinations under Section 51.03(b)(2).
342	342	SECTION 16. Section 51.10, Family Code, is amended by
343	343	adding Subsection (a-1) to read as follows:
344	344	(a-1) A child may not be represented by an attorney in
345	345	truancy proceedings under Section 51.03(b)(2).
346	346	SECTION 17. Section 54.041(f), Family Code, is amended to
347	347	read as follows:
348	348	(f) If a child is found to have engaged in conduct
349	349	indicating a need for supervision described under Section
350	350	51.03(b)(2) [or (g)], the court may order the child's parents or
351	351	guardians to attend a program described by Section 25.093(f),
352	352	Education Code, if a program is available.
353	353	SECTION 18. Chapter 54, Family Code, is amended by adding
354	354	Section 54.0492 to read as follows:
355	355	Sec. 54.0492. REMEDIES IN TRUANCY CASES. (a) On a finding
356	356	that an individual has engaged in conduct indicating a need for
357	357	supervision under Section 51.03(b)(2), the court may enter an
358	358	order that includes one or more of the following provisions
359	359	requiring that:
360	360	(1) the individual:
361	361	(A) attend school without unexcused absences;
362	362	(B) attend a preparatory class for the high
363	363	school equivalency examination administered under Section 7.111,
364	364	Education Code, if the court determines that the individual is
365	365	unlikely to do well in a formal classroom environment due to the
366	366	individual's age; or
367	367	(C) if the individual is at least 16 years of age,
368	368	take the high school equivalency examination administered under
369	369	Section 7.111, Education Code;
370	370	(2) the individual attend a special program that the
371	371	court determines to be in the best interest of the individual,
372	372	including:
373	373	(A) an alcohol and drug abuse program;
374	374	(B) a rehabilitation program;
375	375	(C) a counseling program, including
376	376	self-improvement counseling;
377	377	(D) a program that provides training in
378	378	self-esteem and leadership;
379	379	(E) a work and job skills training program;
380	380	(F) a program that provides training in
381	381	parenting, including parental responsibility;
382	382	(G) a program that provides training in manners;
383	383	(H) a program that provides training in violence
384	384	avoidance;
385	385	(I) a program that provides sensitivity
386	386	training; or
387	387	(J) a program that provides training in advocacy
388	388	and mentoring;
389	389	(3) the individual and the individual's parent attend
390	390	a class for students at risk of dropping out of school designed for
391	391	both the individual and the individual's parent;
392	392	(4) the individual complete reasonable community
393	393	service requirements; or
394	394	(5) for the number of hours ordered by the court, the
395	395	individual participate in a tutorial program:
396	396	(A) covering the academic subjects in which the
397	397	student is enrolled; and
398	398	(B) provided by the school the individual
399	399	attends.
400	400	(b) An order under Subsection (a) may not require a student
401	401	to attend a juvenile justice alternative education program.
402	402	(c) An order under Subsection (a)(3) that requires the
403	403	parent of an individual to attend a class for students at risk of
404	404	dropping out of school is enforceable by contempt.
405	405	(d) The court shall endorse on the summons issued to the
406	406	parent of the individual who is the subject of the hearing an order
407	407	directing the parent to appear personally at the hearing and
408	408	directing the person having custody of the individual to bring the
409	409	individual to the hearing.
410	410	(e) A parent who fails to attend a hearing under this
411	411	section after receiving notice of a summons under Subsection (d)
412	412	commits an offense. An offense under this subsection is a Class C
413	413	misdemeanor.
414	414	(f) In addition to any other order authorized by this
415	415	section, the court may order the Department of Public Safety to
416	416	suspend the driver's license or permit of the individual who is the
417	417	subject of the hearing or, if the individual does not have a license
418	418	or permit, to deny the issuance of a license or permit to the
419	419	individual for a period specified by the court not to exceed 365
420	420	days.
421	421	(g) A dispositional order under this section is effective
422	422	for the period specified by the court in the order but may not
423	423	extend beyond the 180th day after the date of the order or beyond
424	424	the end of the school year in which the order was entered, whichever
425	425	period is longer.
426	426	(h) In this section, "parent" includes a person standing in
427	427	parental relation.
428	428	(i) A court shall dismiss the petition or complaint against
429	429	an individual if:
430	430	(1) the court finds that the individual has
431	431	successfully complied with the conditions imposed on the individual
432	432	by the court under this section; or
433	433	(2) the individual presents to the court proof that
434	434	the individual has obtained a high school diploma or a high school
435	435	equivalency certificate.
436	436	(j) A county, justice, or municipal court may waive or
437	437	reduce a fee or court cost imposed under this section if the court
438	438	finds that payment of the fee or court cost would cause financial
439	439	hardship.
440	440	SECTION 19. Section 58.106(a), Family Code, is amended to
441	441	read as follows:
442	442	(a) Except as otherwise provided by this section,
443	443	information contained in the juvenile justice information system is
444	444	confidential information for the use of the department and may not
445	445	be disseminated by the department except:
446	446	(1) with the permission of the juvenile offender, to
447	447	military personnel of this state or the United States;
448	448	(2) to a person or entity to which the department may
449	449	grant access to adult criminal history records as provided by
450	450	Section 411.083, Government Code;
451	451	(3) to a juvenile justice agency;
452	452	(4) to the Texas Juvenile Justice Department [Youth
453	453	Commission and the Texas Juvenile Probation Commission] for
454	454	analytical purposes;
455	455	(5) to the office of independent ombudsman of the
456	456	Texas Juvenile Justice Department [Youth Commission]; and
457	457	(6) to a county, justice, or municipal court
458	458	exercising jurisdiction over a juvenile, including a court
459	459	exercising jurisdiction over a juvenile under Section 51.04(j)
460	460	[54.021].
461	461	SECTION 20. Section 26.045(d), Government Code, is amended
462	462	to read as follows:
463	463	(d) A county court in a county with a population of 1.75
464	464	million or more has original jurisdiction over cases alleging a
465	465	violation of Section 25.093 [or 25.094], Education Code.
466	466	SECTION 21. Section 29.003(i), Government Code, is amended
467	467	to read as follows:
468	468	(i) A municipality may enter into an agreement with a
469	469	contiguous municipality or a municipality with boundaries that are
470	470	within one-half mile of the municipality seeking to enter into the
471	471	agreement to establish concurrent jurisdiction of the municipal
472	472	courts in the municipalities and provide original jurisdiction to a
473	473	municipal court in which a case is brought as if the municipal court
474	474	were located in the municipality in which the case arose, for:
475	475	(1) all cases in which either municipality has
476	476	jurisdiction under Subsection (a); and
477	477	(2) cases that arise under Section 821.022, Health and
478	478	Safety Code, or Section 51.03(b)(2), Family Code [25.094, Education
479	479	Code].
480	480	SECTION 22. Section 54.1172(a), Government Code, is amended
481	481	to read as follows:
482	482	(a) The county judge may appoint one or more part-time or
483	483	full-time magistrates to hear a matter alleging a violation of
484	484	Section 25.093 [or 25.094], Education Code, or 51.03(b)(2), Family
485	485	Code.
486	486	SECTION 23. Section 54.1952(a), Government Code, is amended
487	487	to read as follows:
488	488	(a) The county judge may appoint one or more part-time or
489	489	full-time magistrates to hear a matter alleging a violation of
490	490	Section 25.093 [or 25.094], Education Code, or a truancy case under
491	491	Section 51.03(b)(2), Family Code, referred to the magistrate by a
492	492	court having jurisdiction over the matter.
493	493	SECTION 24. Section 54.1955, Government Code, is amended to
494	494	read as follows:
495	495	Sec. 54.1955. POWERS. (a) Except as limited by an order of
496	496	the county judge, a magistrate appointed under this subchapter may:
497	497	(1) conduct hearings;
498	498	(2) hear evidence;
499	499	(3) issue summons for the appearance of witnesses;
500	500	(4) examine witnesses;
501	501	(5) swear witnesses for hearings;
502	502	(6) recommend rulings or orders or a judgment in a
503	503	case;
504	504	(7) regulate proceedings in a hearing;
505	505	(8) accept a plea of guilty or nolo contendere in a
506	506	case alleging a violation of Section 25.093 [or 25.094], Education
507	507	Code, and assess a fine or court costs or order community service in
508	508	satisfaction of a fine or costs in accordance with Article 45.049,
509	509	Code of Criminal Procedure;
510	510	(9) for a violation of Section 25.093, Education Code,
511	511	enter an order suspending a sentence or deferring a final
512	512	disposition that includes at least one of the requirements listed
513	513	in Article 45.051, Code of Criminal Procedure;
514	514	(10) for an uncontested adjudication of conduct
515	515	indicating a need for supervision under Section 51.03(b)(2), Family
516	516	Code, accept a plea to the petition or a stipulation of evidence,
517	517	and enter a disposition, defer adjudication, or take any other
518	518	action authorized under Chapter 54, Family Code; and
519	519	(11) perform any act and take any measure necessary
520	520	and proper for the efficient performance of the duties required by
521	521	the referral order, including the entry of an order that includes at
522	522	least one of the requirements in Section 54.0492, Family Code
523	523	[Article 45.054, Code of Criminal Procedure; and
524	524	[(11) if the magistrate finds that a child as defined
525	525	by Article 45.058, Code of Criminal Procedure, has violated an
526	526	order under Article 45.054, Code of Criminal Procedure, proceed as
527	527	authorized by Article 45.050, Code of Criminal Procedure].
528	528	(b) With respect to an issue of law or fact the ruling on
529	529	which could result in the dismissal of a prosecution under Section
530	530	25.093 [or 25.094], Education Code, or a truancy case under Section
531	531	51.03(b)(2), Family Code, a magistrate may not rule on the issue but
532	532	may make findings, conclusions, and recommendations on the issue.
533	533	SECTION 25. Section 54.1956, Government Code, is amended to
534	534	read as follows:
535	535	Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
536	536	CONDUCT. (a) On entry of a not guilty plea for a violation of
537	537	Section 25.093, Education Code, the magistrate shall refer the case
538	538	back to the referring court for all further pretrial proceedings
539	539	and a full trial on the merits before the court or a jury.
540	540	(b) On denial by a child of conduct described by Section
541	541	57.03(b)(2), Family Code, the magistrate shall refer the case to
542	542	the appropriate juvenile court for adjudication.
543	543	SECTION 26. Section 71.0352, Government Code, is amended to
544	544	read as follows:
545	545	Sec. 71.0352. JUVENILE DATE: JUSTICE, MUNICIPAL, AND
546	546	JUVENILE COURTS. As a component of the official monthly report
547	547	submitted to the Office of Court Administration of the Texas
548	548	Judicial System:
549	549	(1) justice and municipal courts shall report the
550	550	number of cases filed for [the following offenses]:
551	551	(A) conduct indicating a need for supervision
552	552	under Section 51.03(b)(2), Family Code [failure to attend school
553	553	under Section 25.094, Education Code];
554	554	(B) parent contributing to nonattendance under
555	555	Section 25.093, Education Code; and
556	556	(C) violation of a local daytime curfew ordinance
557	557	adopted under Section 341.905 or 351.903, Local Government Code;
558	558	and
559	559	(2) in cases in which a child fails to obey an order of
560	560	a justice or municipal court under circumstances that would
561	561	constitute contempt of court, the justice or municipal court shall
562	562	report the number of incidents in which the child is:
563	563	(A) referred to the appropriate juvenile court
564	564	for delinquent conduct as provided by Article 45.050(c)(1), Code of
565	565	Criminal Procedure, and Section 51.03(a)(2), Family Code; or
566	566	(B) held in contempt, fined, or denied driving
567	567	privileges as provided by Article 45.050(c)(2), Code of Criminal
568	568	Procedure.
569	569	SECTION 27. Section 102.021, Government Code, is amended to
570	570	read as follows:
571	571	Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
572	572	PROCEDURE. A person convicted of an offense shall pay the
573	573	following under the Code of Criminal Procedure, in addition to all
574	574	other costs:
575	575	(1) court cost on conviction of any offense, other
576	576	than a conviction of an offense relating to a pedestrian or the
577	577	parking of a motor vehicle (Art. 102.0045, Code of Criminal
578	578	Procedure) . . . $4;
579	579	(2) a fee for services of prosecutor (Art. 102.008,
580	580	Code of Criminal Procedure) . . . $25;
581	581	(3) fees for services of peace officer:
582	582	(A) issuing a written notice to appear in court
583	583	for certain violations (Art. 102.011, Code of Criminal Procedure)
584	584	. . . $5;
585	585	(B) executing or processing an issued arrest
586	586	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
587	587	Procedure) . . . $50;
588	588	(C) summoning a witness (Art. 102.011, Code of
589	589	Criminal Procedure) . . . $5;
590	590	(D) serving a writ not otherwise listed (Art.
591	591	102.011, Code of Criminal Procedure) . . . $35;
592	592	(E) taking and approving a bond and, if
593	593	necessary, returning the bond to courthouse (Art. 102.011, Code of
594	594	Criminal Procedure) . . . $10;
595	595	(F) commitment or release (Art. 102.011, Code of
596	596	Criminal Procedure) . . . $5;
597	597	(G) summoning a jury (Art. 102.011, Code of
598	598	Criminal Procedure) . . . $5;
599	599	(H) attendance of a prisoner in habeas corpus
600	600	case if prisoner has been remanded to custody or held to bail (Art.
601	601	102.011, Code of Criminal Procedure) . . . $8 each day;
602	602	(I) mileage for certain services performed (Art.
603	603	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
604	604	(J) services of a sheriff or constable who serves
605	605	process and attends examining trial in certain cases (Art. 102.011,
606	606	Code of Criminal Procedure) . . . not to exceed $5;
607	607	(4) services of a peace officer in conveying a witness
608	608	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
609	609	$10 per day or part of a day, plus actual necessary travel expenses;
610	610	(5) overtime of peace officer for time spent
611	611	testifying in the trial or traveling to or from testifying in the
612	612	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
613	613	(6) court costs on an offense relating to rules of the
614	614	road, when offense occurs within a school crossing zone (Art.
615	615	102.014, Code of Criminal Procedure) . . . $25;
616	616	(7) court costs on an offense of passing a school bus
617	617	(Art. 102.014, Code of Criminal Procedure) . . . $25;
618	618	(8) court costs on an offense of parent contributing
619	619	to student nonattendance [truancy or contributing to truancy] (Art.
620	620	102.014, Code of Criminal Procedure) . . . $20;
621	621	(9) cost for visual recording of intoxication arrest
622	622	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
623	623	$15;
624	624	(10) cost of certain evaluations (Art. 102.018, Code
625	625	of Criminal Procedure) . . . actual cost;
626	626	(11) additional costs attendant to certain
627	627	intoxication convictions under Chapter 49, Penal Code, for
628	628	emergency medical services, trauma facilities, and trauma care
629	629	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
630	630	(12) additional costs attendant to certain child
631	631	sexual assault and related convictions, for child abuse prevention
632	632	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
633	633	(13) court cost for DNA testing for certain felonies
634	634	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
635	635	(14) court cost for DNA testing for the offense of
636	636	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
637	637	Criminal Procedure) . . . $50;
638	638	(15) court cost for DNA testing for certain felonies
639	639	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
640	640	(16) if required by the court, a restitution fee for
641	641	costs incurred in collecting restitution installments and for the
642	642	compensation to victims of crime fund (Art. 42.037, Code of
643	643	Criminal Procedure) . . . $12;
644	644	(17) if directed by the justice of the peace or
645	645	municipal court judge hearing the case, court costs on conviction
646	646	in a criminal action (Art. 45.041, Code of Criminal Procedure)
647	647	. . . part or all of the costs as directed by the judge; and
648	648	(18) costs attendant to convictions under Chapter 49,
649	649	Penal Code, and under Chapter 481, Health and Safety Code, to help
650	650	fund drug court programs established under Chapter 122, 123, 124,
651	651	or 125, Government Code, or former law (Art. 102.0178, Code of
652	652	Criminal Procedure) . . . $60.
653	653	SECTION 28. Section 103.021, Government Code, is amended to
654	654	read as follows:
655	655	Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
656	656	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or
657	657	defendant, or a party to a civil suit, as applicable, shall pay the
658	658	following fees and costs under the Code of Criminal Procedure if
659	659	ordered by the court or otherwise required:
660	660	(1) a personal bond fee (Art. 17.42, Code of Criminal
661	661	Procedure) . . . the greater of $20 or three percent of the amount
662	662	of the bail fixed for the accused;
663	663	(2) cost of electronic monitoring as a condition of
664	664	release on personal bond (Art. 17.43, Code of Criminal Procedure)
665	665	. . . actual cost;
666	666	(3) a fee for verification of and monitoring of motor
667	667	vehicle ignition interlock (Art. 17.441, Code of Criminal
668	668	Procedure) . . . not to exceed $10;
669	669	(3-a) costs associated with operating a global
670	670	positioning monitoring system as a condition of release on bond
671	671	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
672	672	subject to a determination of indigency;
673	673	(3-b) costs associated with providing a defendant's
674	674	victim with an electronic receptor device as a condition of the
675	675	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
676	676	Procedure) . . . actual costs, subject to a determination of
677	677	indigency;
678	678	(4) repayment of reward paid by a crime stoppers
679	679	organization on conviction of a felony (Art. 37.073, Code of
680	680	Criminal Procedure) . . . amount ordered;
681	681	(5) reimbursement to general revenue fund for payments
682	682	made to victim of an offense as condition of community supervision
683	683	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
684	684	a misdemeanor offense or $100 for a felony offense;
685	685	(6) payment to a crime stoppers organization as
686	686	condition of community supervision (Art. 42.12, Code of Criminal
687	687	Procedure) . . . not to exceed $50;
688	688	(7) children's advocacy center fee (Art. 42.12, Code
689	689	of Criminal Procedure) . . . not to exceed $50;
690	690	(8) family violence center fee (Art. 42.12, Code of
691	691	Criminal Procedure) . . . $100;
692	692	(9) community supervision fee (Art. 42.12, Code of
693	693	Criminal Procedure) . . . not less than $25 or more than $60 per
694	694	month;
695	695	(10) additional community supervision fee for certain
696	696	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
697	697	month;
698	698	(11) for certain financially able sex offenders as a
699	699	condition of community supervision, the costs of treatment,
700	700	specialized supervision, or rehabilitation (Art. 42.12, Code of
701	701	Criminal Procedure) . . . all or part of the reasonable and
702	702	necessary costs of the treatment, supervision, or rehabilitation as
703	703	determined by the judge;
704	704	(12) fee for failure to appear for trial in a justice
705	705	or municipal court if a jury trial is not waived (Art. 45.026, Code
706	706	of Criminal Procedure) . . . costs incurred for impaneling the
707	707	jury;
708	708	(13) costs of certain testing, assessments, or
709	709	programs during a deferral period (Art. 45.051, Code of Criminal
710	710	Procedure) . . . amount ordered;
711	711	(14) special expense on dismissal of certain
712	712	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
713	713	. . . not to exceed amount of fine assessed;
714	714	(15) an additional fee:
715	715	(A) for a copy of the defendant's driving record
716	716	to be requested from the Department of Public Safety by the judge
717	717	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
718	718	to the sum of the fee established by Section 521.048,
719	719	Transportation Code, and the state electronic Internet portal fee;
720	720	(B) as an administrative fee for requesting a
721	721	driving safety course or a course under the motorcycle operator
722	722	training and safety program for certain traffic offenses to cover
723	723	the cost of administering the article (Art. 45.0511(f)(1), Code of
724	724	Criminal Procedure) . . . not to exceed $10; or
725	725	(C) for requesting a driving safety course or a
726	726	course under the motorcycle operator training and safety program
727	727	before the final disposition of the case (Art. 45.0511(f)(2), Code
728	728	of Criminal Procedure) . . . not to exceed the maximum amount of the
729	729	fine for the offense committed by the defendant;
730	730	(16) a request fee for teen court program (Art.
731	731	45.052, Code of Criminal Procedure) . . . $20, if the court
732	732	ordering the fee is located in the Texas-Louisiana border region,
733	733	but otherwise not to exceed $10;
734	734	(17) a fee to cover costs of required duties of teen
735	735	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
736	736	court ordering the fee is located in the Texas-Louisiana border
737	737	region, but otherwise $10;
738	738	(18) a mileage fee for officer performing certain
739	739	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
740	740	mile;
741	741	(19) certified mailing of notice of hearing date (Art.
742	742	102.006, Code of Criminal Procedure) . . . $1, plus postage;
743	743	(20) certified mailing of certified copies of an order
744	744	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
745	745	plus postage;
746	746	(20-a) a fee to defray the cost of notifying state
747	747	agencies of orders of expungement (Art. 45.0216, Code of Criminal
748	748	Procedure) . . . $30 per application;
749	749	[(20-b) a fee to defray the cost of notifying state
750	750	agencies of orders of expunction (Art. 45.055, Code of Criminal
751	751	Procedure) . . . $30 per application;]
752	752	(21) sight orders:
753	753	(A) if the face amount of the check or sight order
754	754	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
755	755	. . . not to exceed $10;
756	756	(B) if the face amount of the check or sight order
757	757	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
758	758	Criminal Procedure) . . . not to exceed $15;
759	759	(C) if the face amount of the check or sight order
760	760	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
761	761	Criminal Procedure) . . . not to exceed $30;
762	762	(D) if the face amount of the check or sight order
763	763	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
764	764	Criminal Procedure) . . . not to exceed $50; and
765	765	(E) if the face amount of the check or sight order
766	766	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
767	767	. . . not to exceed $75;
768	768	(22) fees for a pretrial intervention program:
769	769	(A) a supervision fee (Art. 102.012(a), Code of
770	770	Criminal Procedure) . . . $60 a month plus expenses; and
771	771	(B) a district attorney, criminal district
772	772	attorney, or county attorney administrative fee (Art. 102.0121,
773	773	Code of Criminal Procedure) . . . not to exceed $500;
774	774	(23) parking fee violations for child safety fund in
775	775	municipalities with populations:
776	776	(A) greater than 850,000 (Art. 102.014, Code of
777	777	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
778	778	(B) less than 850,000 (Art. 102.014, Code of
779	779	Criminal Procedure) . . . not to exceed $5;
780	780	(24) an administrative fee for collection of fines,
781	781	fees, restitution, or other costs (Art. 102.072, Code of Criminal
782	782	Procedure) . . . not to exceed $2 for each transaction; and
783	783	(25) a collection fee, if authorized by the
784	784	commissioners court of a county or the governing body of a
785	785	municipality, for certain debts and accounts receivable, including
786	786	unpaid fines, fees, court costs, forfeited bonds, and restitution
787	787	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
788	788	percent of an amount more than 60 days past due.
789	789	SECTION 29. The following laws are repealed:
790	790	(1) Articles 45.054 and 45.055, Code of Criminal
791	791	Procedure;
792	792	(2) Section 25.094, Education Code; and
793	793	(3) Sections 51.03(g), 51.08(e), and 54.021, Family
794	794	Code.
795	795	SECTION 30. The changes in law made by this Act apply only
796	796	to an offense committed or conduct that occurs on or after the
797	797	effective date of this Act. An offense committed or conduct that
798	798	occurs before the effective date of this Act is governed by the law
799	799	in effect on the date the offense was committed or the conduct
800	800	occurred, and the former law is continued in effect for that
801	801	purpose. For purposes of this section, an offense is committed or
802	802	conduct occurs before the effective date of this Act if any element
803	803	of the offense or conduct occurs before the effective date.
804	804	SECTION 31. To the extent of any conflict, this Act prevails
805	805	over another Act of the 84th Legislature, Regular Session, 2015,
806	806	relating to nonsubstantive additions to and corrections in enacted
807	807	codes.
808	808	SECTION 32. This Act takes effect September 1, 2015.