Texas 2023 - 88th Regular

Texas House Bill HB2725 Compare Versions

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Version 2 (New)

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1	1	88R9583 MCF-D
2	2	By: VanDeaver H.B. No. 2725
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to truancy; increasing a criminal penalty.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 25.0915, Education Code, is amended by
10	10	adding Subsection (a-5) and amending Subsection (b) to read as
11	11	follows:
12	12	(a-5) If a school district previously imposed truancy
13	13	prevention measures on a student and the student, in a succeeding
14	14	school year, engages in conduct described by Section 65.003(a),
15	15	Family Code, the school district may refer the student to truancy
16	16	court without again imposing truancy prevention measures.
17	17	(b) Each referral to truancy court for conduct described by
18	18	Section 65.003(a), Family Code, must:
19	19	(1) be accompanied by a statement from the student's
20	20	school certifying that:
21	21	(A) the school applied, or has applied in a prior
22	22	school year, the truancy prevention measures adopted under
23	23	Subsection (a) or (a-4) to the student; and
24	24	(B) the truancy prevention measures failed to
25	25	meaningfully address the student's school attendance; and
26	26	(2) specify whether the student is eligible for or
27	27	receives special education services under Subchapter A, Chapter 29.
28	28	SECTION 2. Section 25.093, Education Code, is amended by
29	29	amending Subsection (c) and adding Subsection (g-1) to read as
30	30	follows:
31	31	(c) An offense under Subsection (a) is a misdemeanor,
32	32	punishable by fine only, in an amount not to exceed:
33	33	(1) $400 [$100] for a first offense;
34	34	(2) $500 [$200] for a second offense;
35	35	(3) $600 [$300] for a third offense;
36	36	(4) $700 [$400] for a fourth offense; or
37	37	(5) $800 [$500] for a fifth or subsequent offense.
38	38	(g-1) The court shall dismiss a fine imposed under this
39	39	section if the parent presents the court with proof that the child
40	40	has:
41	41	(1) reached the age of 21;
42	42	(2) graduated from high school or received the
43	43	equivalent of a high school diploma; or
44	44	(3) enlisted in the armed forces of the United States.
45	45	SECTION 3. Subchapter C, Chapter 25, Education Code, is
46	46	amended by adding Section 25.096 to read as follows:
47	47	Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school
48	48	district shall annually submit a report to the agency that
49	49	includes, for the preceding school year, the following information
50	50	disaggregated by campus and grade:
51	51	(1) the number of students:
52	52	(A) who failed to attend school without excuse
53	53	for 10 or more days or parts of days within a six-month period in the
54	54	same school year;
55	55	(B) for whom the district initiated a truancy
56	56	prevention measure; and
57	57	(C) for whom the district made a referral to
58	58	truancy court; and
59	59	(2) the number of parents of students against whom a
60	60	complaint has been filed under Section 25.093.
61	61	SECTION 4. Subchapter E-1, Chapter 411, Government Code, is
62	62	amended by adding Section 411.0737 to read as follows:
63	63	Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT
64	64	CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a
65	65	person who is convicted of an offense under Section 25.093,
66	66	Education Code.
67	67	(b) Notwithstanding any other provision of this subchapter
68	68	or Subchapter F, a person described by Subsection (a) may petition
69	69	the court that imposed the sentence for an order of nondisclosure of
70	70	criminal history record information under this section, regardless
71	71	of whether the person has paid all fines and costs imposed.
72	72	(c) After notice to the state, an opportunity for a hearing,
73	73	and a determination that the person is entitled to file the petition
74	74	described by Subsection (b) and that issuance of an order of
75	75	nondisclosure of criminal history record information is in the best
76	76	interest of justice, the court shall issue an order prohibiting
77	77	criminal justice agencies from disclosing to the public criminal
78	78	history record information related to the offense for which the
79	79	person was convicted.
80	80	(d) A person may petition the court that imposed the
81	81	sentence for an order of nondisclosure of criminal history record
82	82	information under this section only on or after the date on which:
83	83	(1) the person completed payment of all fines and
84	84	costs imposed under Section 25.093, Education Code; or
85	85	(2) the child that the person failed to require to
86	86	attend school:
87	87	(A) reaches the age of 21;
88	88	(B) graduates from high school or receives the
89	89	equivalent of a high school diploma; or
90	90	(C) enlists in the armed forces of the United
91	91	States.
92	92	SECTION 5. Section 411.074, Government Code, is amended by
93	93	adding Subsection (c) to read as follows:
94	94	(c) This section does not apply to a person who petitions
95	95	for an order of nondisclosure under Section 411.0737.
96	96	SECTION 6. Section 25.0915, Education Code, as amended by
97	97	this Act, applies beginning with the 2023-2024 school year.
98	98	SECTION 7. The changes in law made by this Act to Section
99	99	25.093, Education Code, apply only to an offense committed on or
100	100	after the effective date of this Act. An offense committed before
101	101	the effective date of this Act is governed by the law in effect on
102	102	the date the offense was committed, and the former law is continued
103	103	in effect for that purpose. For purposes of this section, an
104	104	offense was committed before the effective date of this Act if any
105	105	element of the offense occurred before that date.
106	106	SECTION 8. Not later than December 1, 2024, each school
107	107	district shall submit to the Texas Education Agency the first
108	108	attendance report required under Section 25.096, Education Code, as
109	109	added by this Act.
110	110	SECTION 9. This Act takes effect September 1, 2023.