| 1 | 1 | | H.B. No. 3917 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to dismissal of a complaint alleging a parent contributing |
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| 6 | 6 | | to nonattendance on the parent's fulfillment of certain terms. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Article 45.0531, Code of Criminal Procedure, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO |
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| 11 | 11 | | NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and |
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| 12 | 12 | | notwithstanding [Notwithstanding] any other law, a county, |
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| 13 | 13 | | justice, or municipal court, at the court's discretion, may dismiss |
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| 14 | 14 | | a charge against a defendant alleging the defendant committed an |
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| 15 | 15 | | offense under Section 25.093, Education Code, if the court finds |
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| 16 | 16 | | that a dismissal would be in the interest of justice because: |
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| 17 | 17 | | (1) there is a low likelihood of recidivism by the |
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| 18 | 18 | | defendant; or |
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| 19 | 19 | | (2) sufficient justification exists for the failure to |
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| 20 | 20 | | attend school. |
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| 21 | 21 | | (b) Notwithstanding any other law, a county, justice, or |
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| 22 | 22 | | municipal court shall dismiss a charge against a defendant alleging |
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| 23 | 23 | | the defendant committed an offense under Section 25.093, Education |
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| 24 | 24 | | Code, if the parent completes the terms of an agreement entered into |
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| 25 | 25 | | by the parent and the school district at which the parent's child |
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| 26 | 26 | | attends under Section 25.094, Education Code, within the period |
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| 27 | 27 | | required by Subsection (b) of that section. If agreed to by the |
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| 28 | 28 | | school district that is a party to the agreement, the court may |
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| 29 | 29 | | extend the period under Section 25.094(b), Education Code, during |
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| 30 | 30 | | which a parent may fulfill the terms of the agreement. |
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| 31 | 31 | | SECTION 2. Subchapter C, Chapter 25, Education Code, is |
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| 32 | 32 | | amended by adding Section 25.094 to read as follows: |
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| 33 | 33 | | Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING |
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| 34 | 34 | | TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint |
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| 35 | 35 | | under Section 25.093 has been filed and the school district at which |
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| 36 | 36 | | the parent's child is enrolled may enter into a written agreement |
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| 37 | 37 | | requiring the parent to complete counseling, training, or another |
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| 38 | 38 | | program as designated by the school district. |
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| 39 | 39 | | (b) A parent who fulfills the terms of an agreement |
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| 40 | 40 | | described by Subsection (a) not later than the 30th day after the |
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| 41 | 41 | | date on which the complaint was filed or within the period provided |
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| 42 | 42 | | by the agreement is entitled to dismissal of the complaint in |
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| 43 | 43 | | accordance with Article 45.0531(b), Code of Criminal Procedure. |
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| 44 | 44 | | (c) The agency may adopt rules and materials necessary to |
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| 45 | 45 | | implement this section, including by: |
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| 46 | 46 | | (1) making standardized agreement forms available to |
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| 47 | 47 | | school districts; |
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| 48 | 48 | | (2) recommending state and local counseling, |
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| 49 | 49 | | training, or other program options that a school district may |
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| 50 | 50 | | require in an agreement under this section, which may include: |
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| 51 | 51 | | (A) faith-based counseling or training programs; |
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| 52 | 52 | | or |
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| 53 | 53 | | (B) other programs that provide instruction |
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| 54 | 54 | | designed to assist a parent in identifying problems that contribute |
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| 55 | 55 | | to unexcused absences by the parent's child and in developing |
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| 56 | 56 | | strategies for resolving those problems; and |
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| 57 | 57 | | (3) requiring relevant programs, resources, and |
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| 58 | 58 | | materials to be made available through regional educational service |
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| 59 | 59 | | centers. |
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| 60 | 60 | | SECTION 3. The change in law made by this Act applies only |
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| 61 | 61 | | to an offense committed on or after the effective date of this Act. |
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| 62 | 62 | | An offense committed before the effective date of this Act is |
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| 63 | 63 | | governed by the law in effect on the date the offense was committed, |
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| 64 | 64 | | and the former law is continued in effect for that purpose. For |
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| 65 | 65 | | purposes of this section, an offense was committed before the |
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| 66 | 66 | | effective date of this Act if any element of the offense occurred |
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| 67 | 67 | | before that date. |
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| 68 | 68 | | SECTION 4. This Act takes effect September 1, 2023. |
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| 69 | 69 | | ______________________________ ______________________________ |
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| 70 | 70 | | President of the Senate Speaker of the House |
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| 71 | 71 | | I certify that H.B. No. 3917 was passed by the House on May 6, |
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| 72 | 72 | | 2023, by the following vote: Yeas 131, Nays 3, 2 present, not |
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| 73 | 73 | | voting. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Chief Clerk of the House |
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| 76 | 76 | | I certify that H.B. No. 3917 was passed by the Senate on May |
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| 77 | 77 | | 24, 2023, by the following vote: Yeas 31, Nays 0. |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Secretary of the Senate |
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| 80 | 80 | | APPROVED: _____________________ |
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| 81 | 81 | | Date |
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| 82 | 82 | | _____________________ |
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| 83 | 83 | | Governor |
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