Texas 2023 - 88th Regular

Texas House Bill HB3931 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R25516 MCF-F
2	2	By: Dutton H.B. No. 3931
3	3	Substitute the following for H.B. No. 3931:
4	4	By: Thompson of Harris C.S.H.B. No. 3931
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to truancy and parental contribution to nonattendance of
10	10	school; increasing a criminal penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 45.0531, Code of Criminal Procedure, is
13	13	amended to read as follows:
14	14	Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO
15	15	NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and
16	16	notwithstanding [Notwithstanding] any other law, a county,
17	17	justice, or municipal court, at the court's discretion, may dismiss
18	18	a charge against a defendant alleging the defendant committed an
19	19	offense under Section 25.093, Education Code, if the court finds
20	20	that a dismissal would be in the interest of justice because:
21	21	(1) there is a low likelihood of recidivism by the
22	22	defendant; or
23	23	(2) sufficient justification exists for the failure to
24	24	attend school.
25	25	(b) Notwithstanding any other law, a county, justice, or
26	26	municipal court shall dismiss a charge against a defendant alleging
27	27	the defendant committed an offense under Section 25.093, Education
28	28	Code, if the parent completes the terms of an agreement entered into
29	29	by the parent and the school district at which the parent's child
30	30	attends under Section 25.094, Education Code, within the period
31	31	required by Subsection (b) of that section. If agreed to by the
32	32	school district that is a party to the agreement, the court may
33	33	extend the period under Section 25.094(b), Education Code, during
34	34	which a parent may fulfill the terms of the agreement.
35	35	SECTION 2. Section 25.093(c), Education Code, is amended to
36	36	read as follows:
37	37	(c) An offense under Subsection (a) is a Class C
38	38	misdemeanor[, punishable by fine only, in an amount not to exceed:
39	39	[(1) $100 for a first offense;
40	40	[(2) $200 for a second offense;
41	41	[(3) $300 for a third offense;
42	42	[(4) $400 for a fourth offense; or
43	43	[(5) $500 for a fifth or subsequent offense].
44	44	SECTION 3. Subchapter C, Chapter 25, Education Code, is
45	45	amended by adding Section 25.094 to read as follows:
46	46	Sec. 25.094. AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING
47	47	TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint
48	48	under Section 25.093 has been filed and the school district at which
49	49	the parent's child is enrolled may enter into a written agreement
50	50	requiring the parent to complete counseling, training, or another
51	51	program as designated by the school district.
52	52	(b) A parent who fulfills the terms of an agreement
53	53	described by Subsection (a) not later than the 30th day after the
54	54	date on which the complaint was filed or within the period provided
55	55	by the agreement is entitled to dismissal of the complaint in
56	56	accordance with Article 45.0531(b), Code of Criminal Procedure.
57	57	(c) The agency may adopt rules and materials necessary to
58	58	implement this section, including by:
59	59	(1) making standardized agreement forms available to
60	60	school districts;
61	61	(2) recommending state and local counseling,
62	62	training, or other program options that a school district may
63	63	require in an agreement under this section, which may include:
64	64	(A) faith-based counseling or training programs;
65	65	or
66	66	(B) other programs that provide instruction
67	67	designed to assist a parent in identifying problems that contribute
68	68	to unexcused absences by the parent's child and in developing
69	69	strategies for resolving those problems; and
70	70	(3) requiring relevant programs, resources, and
71	71	materials to be made available through regional educational service
72	72	centers.
73	73	SECTION 4. Section 25.095(a), Education Code, is amended to
74	74	read as follows:
75	75	(a) A school district or open-enrollment charter school
76	76	shall notify a student's parent in writing at the beginning of the
77	77	school year that if the student is absent from school without excuse
78	78	for [on] 10 percent of the school's required operation and
79	79	instructional time [or more days or parts of days] within a
80	80	[six-month period in the same] school year:
81	81	(1) the student's parent is subject to prosecution
82	82	under Section 25.093; and
83	83	(2) the student is subject to referral to a truancy
84	84	court for truant conduct under Section 65.003(a), Family Code.
85	85	SECTION 5. Section 25.0951(a), Education Code, is amended
86	86	to read as follows:
87	87	(a) If a student fails to attend school without excuse for
88	88	[on] 10 percent of the school's required operation and
89	89	instructional time [or more days or parts of days] within a
90	90	[six-month period in the same] school year, a school district shall
91	91	immediately [within 10 school days of the student's 10th absence]
92	92	refer the student to a truancy court for truant conduct under
93	93	Section 65.003(a), Family Code.
94	94	SECTION 6. Subchapter C, Chapter 25, Education Code, is
95	95	amended by adding Section 25.096 to read as follows:
96	96	Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school
97	97	district shall annually submit a report to the agency that
98	98	includes, for the preceding school year, the following information
99	99	disaggregated by campus and grade:
100	100	(1) the number of students:
101	101	(A) who failed to attend school without excuse
102	102	for 10 percent of the school's required operation and instructional
103	103	time within a school year;
104	104	(B) for whom the district initiated a truancy
105	105	prevention measure; and
106	106	(C) for whom the district made a referral to
107	107	truancy court; and
108	108	(2) the number of parents of students against whom a
109	109	complaint has been filed under Section 25.093.
110	110	SECTION 7. Section 65.003(a), Family Code, is amended to
111	111	read as follows:
112	112	(a) A child engages in truant conduct if the child is
113	113	required to attend school under Section 25.085, Education Code, and
114	114	fails to attend school without excuse for [on] 10 percent of the
115	115	school's required operation and instructional time [or more days or
116	116	parts of days] within a [six-month period in the same] school year.
117	117	SECTION 8. Section 65.004(a), Family Code, is amended to
118	118	read as follows:
119	119	(a) The commissioners court of a county shall designate one
120	120	or more justice courts in the county [The following are designated]
121	121	as the truancy courts for the county [courts:
122	122	[(1) in a county with a population of 1.75 million or
123	123	more, the constitutional county court;
124	124	[(2) justice courts; and
125	125	[(3) municipal courts].
126	126	SECTION 9. Subchapter E-1, Chapter 411, Government Code, is
127	127	amended by adding Section 411.0737 to read as follows:
128	128	Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT
129	129	CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a
130	130	person who is convicted of an offense under Section 25.093,
131	131	Education Code.
132	132	(b) Notwithstanding any other provision of this subchapter
133	133	or Subchapter F, a person described by Subsection (a) may petition
134	134	the court that imposed the sentence for an order of nondisclosure of
135	135	criminal history record information under this section if the
136	136	person completes a program approved by the court.
137	137	(c) After notice to the state, an opportunity for a hearing,
138	138	and a determination that the person is entitled to file the petition
139	139	described by Subsection (b) and that issuance of an order of
140	140	nondisclosure of criminal history record information is in the best
141	141	interest of justice, the court shall issue an order prohibiting
142	142	criminal justice agencies from disclosing to the public criminal
143	143	history record information related to the offense for which the
144	144	person was convicted.
145	145	SECTION 10. Section 65.004(c), Family Code, is repealed.
146	146	SECTION 11. Sections 25.095 and 25.0951, Education Code, as
147	147	amended by this Act, and Section 65.003, Family Code, as amended by
148	148	this Act, apply beginning with the 2023-2024 school year.
149	149	SECTION 12. The changes in law made by this Act to Article
150	150	45.0531, Code of Criminal Procedure, and Sections 25.093 and
151	151	25.094, Education Code, apply only to an offense committed on or
152	152	after the effective date of this Act. An offense committed before
153	153	the effective date of this Act is governed by the law in effect on
154	154	the date the offense was committed, and the former law is continued
155	155	in effect for that purpose. For purposes of this section, an
156	156	offense was committed before the effective date of this Act if any
157	157	element of the offense occurred before that date.
158	158	SECTION 13. As soon as practicable after the effective date
159	159	of this Act, each commissioners court shall designate justice
160	160	courts as truancy courts as required by Section 65.004, Family
161	161	Code, as amended by this Act.
162	162	SECTION 14. This Act takes effect immediately if it
163	163	receives a vote of two-thirds of all the members elected to each
164	164	house, as provided by Section 39, Article III, Texas Constitution.
165	165	If this Act does not receive the vote necessary for immediate
166	166	effect, this Act takes effect September 1, 2023.