Texas 2025 - 89th Regular

Texas House Bill HB2947 Compare Versions

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1	1	By: McLaughlin H.B. No. 2947
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to truancy; increasing a criminal penalty.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 25.0915, Education Code, is amended by
11	11	adding Subsection (a-5) and amending Subsection (b) to read as
12	12	follows:
13	13	(a-5) If a school district previously imposed truancy
14	14	prevention measures on a student and the student, in a succeeding
15	15	school year, engages in conduct described by Section 65.003(a),
16	16	Family Code, the school district may refer the student to truancy
17	17	court without again imposing truancy prevention measures.
18	18	(b) Each referral to truancy court for conduct described by
19	19	Section 65.003(a), Family Code, must:
20	20	(1) be accompanied by a statement from the student's
21	21	school certifying that:
22	22	(A) the school applied, or has applied in a prior
23	23	school year, the truancy prevention measures adopted under
24	24	Subsection (a) or (a-4) to the student; and
25	25	(B) the truancy prevention measures failed to
26	26	meaningfully address the student's school attendance; and
27	27	(2) specify whether the student is eligible for or
28	28	receives special education services under Subchapter A, Chapter 29.
29	29	SECTION 2. Section 25.093, Education Code, is amended by
30	30	amending Subsection (c) and adding Subsection (g-1) to read as
31	31	follows:
32	32	(c) An offense under Subsection (a) is a misdemeanor,
33	33	punishable by fine only, in an amount not to exceed:
34	34	(1) $150 [$100] for a first offense;
35	35	(2) $250 [$200] for a second offense;
36	36	(3) $350 [$300] for a third offense;
37	37	(4) $500 [$400] for a fourth offense; or
38	38	(5) $800 [$500] for a fifth or subsequent offense.
39	39	(g-1) The court shall dismiss a fine imposed under this
40	40	section if the parent presents the court with proof that the child
41	41	has:
42	42	(1) reached the age of 21;
43	43	(2) graduated from high school or received the
44	44	equivalent of a high school diploma; or
45	45	(3) enlisted in the armed forces of the United States.
46	46	SECTION 3. Subchapter C, Chapter 25, Education Code, is
47	47	amended by adding Section 25.096 to read as follows:
48	48	Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school
49	49	district shall annually submit a report to the agency that
50	50	includes, for the preceding school year, the following information
51	51	disaggregated by campus and grade:
52	52	(1) the number of students:
53	53	(A) who failed to attend school without excuse
54	54	for 10 or more days or parts of days within a six-month period in the
55	55	same school year;
56	56	(B) for whom the district initiated a truancy
57	57	prevention measure; and
58	58	(C) for whom the district made a referral to
59	59	truancy court; and
60	60	(2) the number of parents of students against whom a
61	61	complaint has been filed under Section 25.093.
62	62	SECTION 4. Subchapter E-1, Chapter 411, Government Code, is
63	63	amended by adding Section 411.0737 to read as follows:
64	64	Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT
65	65	CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a
66	66	person who is convicted of an offense under Section 25.093,
67	67	Education Code.
68	68	(b) Notwithstanding any other provision of this subchapter
69	69	or Subchapter F, a person described by Subsection (a) may petition
70	70	the court that imposed the sentence for an order of nondisclosure of
71	71	criminal history record information under this section, regardless
72	72	of whether the person has paid all fines and costs imposed.
73	73	(c) After notice to the state, an opportunity for a hearing,
74	74	and a determination that the person is entitled to file the petition
75	75	described by Subsection (b) and that issuance of an order of
76	76	nondisclosure of criminal history record information is in the best
77	77	interest of justice, the court shall issue an order prohibiting
78	78	criminal justice agencies from disclosing to the public criminal
79	79	history record information related to the offense for which the
80	80	person was convicted.
81	81	(d) A person may petition the court that imposed the
82	82	sentence for an order of nondisclosure of criminal history record
83	83	information under this section only on or after the date on which:
84	84	(1) the person completed payment of all fines and
85	85	costs imposed under Section 25.093, Education Code; or
86	86	(2) the child that the person failed to require to
87	87	attend school:
88	88	(A) reaches the age of 21;
89	89	(B) graduates from high school or receives the
90	90	equivalent of a high school diploma; or
91	91	(C) enlists in the armed forces of the United
92	92	States.
93	93	SECTION 5. Section 411.074, Government Code, is amended by
94	94	adding Subsection (c) to read as follows:
95	95	(c) This section does not apply to a person who petitions
96	96	for an order of nondisclosure under Section 411.0737.
97	97	SECTION 6. Section 25.0915, Education Code, as amended by
98	98	this Act, applies beginning with the 2023-2024 school year.
99	99	SECTION 7. The changes in law made by this Act to Section
100	100	25.093, Education Code, apply only to an offense committed on or
101	101	after the effective date of this Act. An offense committed before
102	102	the effective date of this Act is governed by the law in effect on
103	103	the date the offense was committed, and the former law is continued
104	104	in effect for that purpose. For purposes of this section, an
105	105	offense was committed before the effective date of this Act if any
106	106	element of the offense occurred before that date.
107	107	SECTION 8. Not later than December 1, 2026, each school
108	108	district shall submit to the Texas Education Agency the first
109	109	attendance report required under Section 25.096, Education Code, as
110	110	added by this Act.
111	111	SECTION 9. This Act takes effect September 1, 2025.