H.B. No. 3917
AN ACT
relating to dismissal of a complaint alleging a parent contributing
to nonattendance on the parent's fulfillment of certain terms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45.0531, Code of Criminal Procedure, is
amended to read as follows:
Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO
NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and
notwithstanding [Notwithstanding] any other law, a county,
justice, or municipal court, at the court's discretion, may dismiss
a charge against a defendant alleging the defendant committed an
offense under Section 25.093, Education Code, if the court finds
that a dismissal would be in the interest of justice because:
(1) there is a low likelihood of recidivism by the
defendant; or
(2) sufficient justification exists for the failure to
attend school.
(b) Notwithstanding any other law, a county, justice, or
municipal court shall dismiss a charge against a defendant alleging
the defendant committed an offense under Section 25.093, Education
Code, if the parent completes the terms of an agreement entered into
by the parent and the school district at which the parent's child
attends under Section 25.094, Education Code, within the period
required by Subsection (b) of that section. If agreed to by the
school district that is a party to the agreement, the court may
extend the period under Section 25.094(b), Education Code, during
which a parent may fulfill the terms of the agreement.
SECTION 2. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.094 to read as follows:
Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING
TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint
under Section 25.093 has been filed and the school district at which
the parent's child is enrolled may enter into a written agreement
requiring the parent to complete counseling, training, or another
program as designated by the school district.
(b) A parent who fulfills the terms of an agreement
described by Subsection (a) not later than the 30th day after the
date on which the complaint was filed or within the period provided
by the agreement is entitled to dismissal of the complaint in
accordance with Article 45.0531(b), Code of Criminal Procedure.
(c) The agency may adopt rules and materials necessary to
implement this section, including by:
(1) making standardized agreement forms available to
school districts;
(2) recommending state and local counseling,
training, or other program options that a school district may
require in an agreement under this section, which may include:
(A) faith-based counseling or training programs;
or
(B) other programs that provide instruction
designed to assist a parent in identifying problems that contribute
to unexcused absences by the parent's child and in developing
strategies for resolving those problems; and
(3) requiring relevant programs, resources, and
materials to be made available through regional educational service
centers.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3917 was passed by the House on May 6,
2023, by the following vote: Yeas 131, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3917 was passed by the Senate on May
24, 2023, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor