88R25516 MCF-F
By: Dutton H.B. No. 3931
Substitute the following for H.B. No. 3931:
By: Thompson of Harris C.S.H.B. No. 3931
A BILL TO BE ENTITLED
AN ACT
relating to truancy and parental contribution to nonattendance of
school; increasing a criminal penalty.
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. Section 25.093(c), Education Code, is amended to
read as follows:
(c) An offense under Subsection (a) is a Class C
misdemeanor[, punishable by fine only, in an amount not to exceed:
[(1) $100 for a first offense;
[(2) $200 for a second offense;
[(3) $300 for a third offense;
[(4) $400 for a fourth offense; or
[(5) $500 for a fifth or subsequent offense].
SECTION 3. 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 4. Section 25.095(a), Education Code, is amended to
read as follows:
(a) A school district or open-enrollment charter school
shall notify a student's parent in writing at the beginning of the
school year that if the student is absent from school without excuse
for [on] 10 percent of the school's required operation and
instructional time [or more days or parts of days] within a
[six-month period in the same] school year:
(1) the student's parent is subject to prosecution
under Section 25.093; and
(2) the student is subject to referral to a truancy
court for truant conduct under Section 65.003(a), Family Code.
SECTION 5. Section 25.0951(a), Education Code, is amended
to read as follows:
(a) If a student fails to attend school without excuse for
[on] 10 percent of the school's required operation and
instructional time [or more days or parts of days] within a
[six-month period in the same] school year, a school district shall
immediately [within 10 school days of the student's 10th absence]
refer the student to a truancy court for truant conduct under
Section 65.003(a), Family Code.
SECTION 6. Subchapter C, Chapter 25, Education Code, is
amended by adding Section 25.096 to read as follows:
Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school
district shall annually submit a report to the agency that
includes, for the preceding school year, the following information
disaggregated by campus and grade:
(1) the number of students:
(A) who failed to attend school without excuse
for 10 percent of the school's required operation and instructional
time within a school year;
(B) for whom the district initiated a truancy
prevention measure; and
(C) for whom the district made a referral to
truancy court; and
(2) the number of parents of students against whom a
complaint has been filed under Section 25.093.
SECTION 7. Section 65.003(a), Family Code, is amended to
read as follows:
(a) A child engages in truant conduct if the child is
required to attend school under Section 25.085, Education Code, and
fails to attend school without excuse for [on] 10 percent of the
school's required operation and instructional time [or more days or
parts of days] within a [six-month period in the same] school year.
SECTION 8. Section 65.004(a), Family Code, is amended to
read as follows:
(a) The commissioners court of a county shall designate one
or more justice courts in the county [The following are designated]
as the truancy courts for the county [courts:
[(1) in a county with a population of 1.75 million or
more, the constitutional county court;
[(2) justice courts; and
[(3) municipal courts].
SECTION 9. Subchapter E-1, Chapter 411, Government Code, is
amended by adding Section 411.0737 to read as follows:
Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT
CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a
person who is convicted of an offense under Section 25.093,
Education Code.
(b) Notwithstanding any other provision of this subchapter
or Subchapter F, a person described by Subsection (a) may petition
the court that imposed the sentence for an order of nondisclosure of
criminal history record information under this section if the
person completes a program approved by the court.
(c) After notice to the state, an opportunity for a hearing,
and a determination that the person is entitled to file the petition
described by Subsection (b) and that issuance of an order of
nondisclosure of criminal history record information is in the best
interest of justice, the court shall issue an order prohibiting
criminal justice agencies from disclosing to the public criminal
history record information related to the offense for which the
person was convicted.
SECTION 10. Section 65.004(c), Family Code, is repealed.
SECTION 11. Sections 25.095 and 25.0951, Education Code, as
amended by this Act, and Section 65.003, Family Code, as amended by
this Act, apply beginning with the 2023-2024 school year.
SECTION 12. The changes in law made by this Act to Article
45.0531, Code of Criminal Procedure, and Sections 25.093 and
25.094, Education Code, apply 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 13. As soon as practicable after the effective date
of this Act, each commissioners court shall designate justice
courts as truancy courts as required by Section 65.004, Family
Code, as amended by this Act.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2023.