Texas 2025 - 89th Regular

Texas Senate Bill SB1925 Compare Versions

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1	1	By: Creighton S.B. No. 1925
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to truancy.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 25.091(a) and (b), Education Code, are
11	11	amended to read as follows:
12	12	(a) A peace officer serving as an attendance officer has the
13	13	following powers and duties concerning enforcement of compulsory
14	14	school attendance requirements:
15	15	(1) to investigate each case of a violation of
16	16	compulsory school attendance requirements referred to the peace
17	17	officer;
18	18	(2) to enforce compulsory school attendance
19	19	requirements by:
20	20	(A) applying truancy prevention measures adopted
21	21	under Section 25.0915 to the student; [and]
22	22	(B) [if the truancy prevention measures fail to
23	23	meaningfully address the student's conduct:
24	24	[(i)] referring the student to a truancy
25	25	court if the student has unexcused absences for the amount of time
26	26	specified under Section 65.003(a), Family Code; or
27	27	(C) [(ii)] filing a complaint in a county,
28	28	justice, or municipal court against a parent who violates Section
29	29	25.093;
30	30	(3) to serve court-ordered legal process;
31	31	(4) to review school attendance records for compliance
32	32	by each student investigated by the officer;
33	33	(5) to maintain an investigative record on each
34	34	compulsory school attendance requirement violation and related
35	35	court action and, at the request of a court, the board of trustees
36	36	of a school district, or the commissioner, to provide a record to
37	37	the individual or entity requesting the record; and
38	38	(6) to make a home visit or otherwise contact the
39	39	parent of a student who is in violation of compulsory school
40	40	attendance requirements, except that a peace officer may not enter
41	41	a residence without the permission of the parent of a student
42	42	required under this subchapter to attend school or of the tenant or
43	43	owner of the residence except to lawfully serve court-ordered legal
44	44	process on the parent.
45	45	(b) An attendance officer employed by a school district who
46	46	is not commissioned as a peace officer has the following powers and
47	47	duties with respect to enforcement of compulsory school attendance
48	48	requirements:
49	49	(1) to investigate each case of a violation of the
50	50	compulsory school attendance requirements referred to the
51	51	attendance officer;
52	52	(2) to enforce compulsory school attendance
53	53	requirements by:
54	54	(A) applying truancy prevention measures adopted
55	55	under Section 25.0915 to the student; [and]
56	56	(B) [if the truancy prevention measures fail to
57	57	meaningfully address the student's conduct:
58	58	[(i)] referring the student to a truancy
59	59	court if the student has unexcused absences for the amount of time
60	60	specified under Section 65.003(a), Family Code; and
61	61	(C) [(ii)] filing a complaint in a county,
62	62	justice, or municipal court against a parent who violates Section
63	63	25.093;
64	64	(3) to monitor school attendance compliance by each
65	65	student investigated by the officer;
66	66	(4) to maintain an investigative record on each
67	67	compulsory school attendance requirement violation and related
68	68	court action and, at the request of a court, the board of trustees
69	69	of a school district, or the commissioner, to provide a record to
70	70	the individual or entity requesting the record;
71	71	(5) to make a home visit or otherwise contact the
72	72	parent of a student who is in violation of compulsory school
73	73	attendance requirements, except that the attendance officer may not
74	74	enter a residence without permission of the parent or of the owner
75	75	or tenant of the residence; and
76	76	(6) at the request of a parent, to escort a student
77	77	from any location to a school campus to ensure the student's
78	78	compliance with compulsory school attendance requirements.
79	79	SECTION 2. Sections 25.0915(a), (a-1), (a-3), (a-4), (c),
80	80	(d), and (e), Education Code, are amended to read as follows:
81	81	(a) A school district may [shall] adopt truancy prevention
82	82	measures designed to[:
83	83	[(1)] address student conduct related to truancy in
84	84	the school setting before the student engages in conduct described
85	85	by Section 65.003(a), Family Code[; and
86	86	[(2) minimize the need for referrals to truancy court
87	87	for conduct described by Section 65.003(a), Family Code].
88	88	(a-1) As a truancy prevention measure under Subsection (a),
89	89	a school district may [shall] take one or more of the following
90	90	actions:
91	91	(1) impose:
92	92	(A) a behavior improvement plan on the student
93	93	that must be signed by an employee of the school, that the school
94	94	district has made a good faith effort to have signed by the student
95	95	and the student's parent or guardian, and that includes:
96	96	(i) a specific description of the behavior
97	97	that is required or prohibited for the student;
98	98	(ii) the period for which the plan will be
99	99	effective, not to exceed 45 school days after the date the contract
100	100	becomes effective; or
101	101	(iii) the penalties for additional
102	102	absences, including additional disciplinary action or the referral
103	103	of the student to a truancy court; or
104	104	(B) school-based community service; or
105	105	(2) refer the student to counseling, mediation,
106	106	mentoring, a teen court program, community-based services, or other
107	107	in-school or out-of-school services aimed at addressing the
108	108	student's truancy.
109	109	(a-3) A school district shall offer additional counseling
110	110	to a student and may not refer the student to truancy court under
111	111	this section, Section 25.0951, or any other provision if the school
112	112	determines that the student's truancy is the result of:
113	113	(1) pregnancy;
114	114	(2) being in the state foster program;
115	115	(3) [homelessness;
116	116	[(4)] severe or life-threatening illness or related
117	117	treatment; or
118	118	(4) [(5)] being the principal income earner for the
119	119	student's family.
120	120	(a-4) If a student fails to attend school without excuse on
121	121	three or more days or parts of days within a four-week period but
122	122	does not fail to attend school for the time described by Section
123	123	25.0951(a), the school district may [shall] initiate truancy
124	124	prevention measures under this section on the student.
125	125	(c) A truancy court shall dismiss a petition filed by a
126	126	truant conduct prosecutor under Section 65.054, Family Code, if the
127	127	court determines that the school district's referral:
128	128	(1) [does not comply with Subsection (b);
129	129	[(2)] does not satisfy the elements required for
130	130	truant conduct;
131	131	(2) [(3)] is not timely filed[, unless the school
132	132	district delayed the referral under Section 25.0951(d)]; or
133	133	(3) [(4)] is otherwise substantively defective.
134	134	(d) A [Except as provided by Subsection (e), a] school
135	135	district may [shall] employ a truancy prevention facilitator or
136	136	juvenile case manager to implement the truancy prevention measures
137	137	described [required] by this section and any other effective
138	138	truancy prevention measures as determined by the school district or
139	139	campus. The [At least annually, the] truancy prevention
140	140	facilitator may [shall] meet to discuss effective truancy
141	141	prevention measures with a case manager or other individual
142	142	designated by a truancy court to provide services to students of the
143	143	school district in truancy cases.
144	144	(e) Instead of employing a truancy prevention facilitator,
145	145	a school district may designate an existing district employee or
146	146	juvenile case manager to implement the truancy prevention measures
147	147	described [required] by this section and any other effective
148	148	truancy prevention measures as determined by the school district or
149	149	campus.
150	150	SECTION 3. Section 25.095(b), Education Code, is amended to
151	151	read as follows:
152	152	(b) A school district shall notify a student's parent if the
153	153	student has been absent from school, without excuse under Section
154	154	25.087, on three days or parts of days within a four-week period.
155	155	The notice must:
156	156	(1) inform the parent that:
157	157	(A) it is the parent's duty to monitor the
158	158	student's school attendance and require the student to attend
159	159	school; and
160	160	(B) the student may be [is] subject to truancy
161	161	prevention measures under Section 25.0915; and
162	162	(2) request a conference between school officials and
163	163	the parent to discuss the absences.
164	164	SECTION 4. Section 25.0951(c), Education Code, is amended
165	165	to read as follows:
166	166	(c) A court shall dismiss a complaint made by a school
167	167	district under Subsection (b) that:
168	168	(1) does not comply with this section;
169	169	(2) does not allege the elements required for the
170	170	offense;
171	171	(3) is not timely filed[, unless the school district
172	172	delayed the referral under Subsection (d)]; or
173	173	(4) is otherwise substantively defective.
174	174	SECTION 5. The heading to Section 65.007, Family Code, is
175	175	amended to read as follows:
176	176	Sec. 65.007. [RIGHT TO] JURY TRIAL PROHIBITED.
177	177	SECTION 6. Section 65.007(a), Family Code, is amended to
178	178	read as follows:
179	179	(a) The truancy court shall conduct all proceedings under
180	180	this chapter without a jury [A child alleged to have engaged in
181	181	truant conduct is entitled to a jury trial].
182	182	SECTION 7. Section 65.010, Family Code, is amended to read
183	183	as follows:
184	184	Sec. 65.010. BURDEN OF PROOF. A court [or jury] may not
185	185	return a finding that a child has engaged in truant conduct unless
186	186	the state has proved the conduct beyond a reasonable doubt.
187	187	SECTION 8. Section 65.053(b), Family Code, is amended to
188	188	read as follows:
189	189	(b) Except as provided by Subsection (c), the [The]
190	190	prosecutor shall [may, in the prosecutor's discretion, determine
191	191	whether to] file a petition with the truancy court requesting an
192	192	adjudication of the child for truant conduct. [If the prosecutor
193	193	decides not to file a petition requesting an adjudication, the
194	194	prosecutor shall inform the truancy court and the school district
195	195	of the decision.]
196	196	SECTION 9. Section 65.055, Family Code, is amended to read
197	197	as follows:
198	198	Sec. 65.055. LIMITATIONS PERIOD. A petition may not be
199	199	filed after the 60th [45th] day after the date of the last absence
200	200	giving rise to the act of truant conduct.
201	201	SECTION 10. Sections 65.101(b), (f), (g), and (h), Family
202	202	Code, are amended to read as follows:
203	203	(b) At the beginning of the adjudication hearing, the judge
204	204	of the truancy court shall explain to the child and the child's
205	205	parent, guardian, or guardian ad litem:
206	206	(1) the allegations made against the child;
207	207	(2) the nature and possible consequences of the
208	208	proceedings;
209	209	(3) the child's privilege against self-incrimination;
210	210	(4) the child's right to trial and to confrontation of
211	211	witnesses; and
212	212	(5) the child's right to representation by an attorney
213	213	if the child is not already represented[; and
214	214	[(6) the child's right to a jury trial].
215	215	(f) At the conclusion of the adjudication hearing, the court
216	216	[or jury] shall find whether the child has engaged in truant
217	217	conduct. The finding must be based on competent evidence admitted
218	218	at the hearing. The child shall be presumed to have not engaged in
219	219	truant conduct and no finding that a child has engaged in truant
220	220	conduct may be returned unless the state has proved the conduct
221	221	beyond a reasonable doubt. [In all jury cases the jury will be
222	222	instructed that the burden is on the state to prove that a child has
223	223	engaged in truant conduct beyond a reasonable doubt.]
224	224	(g) If the court [or jury] finds that the child did not
225	225	engage in truant conduct, the court shall dismiss the case with
226	226	prejudice.
227	227	(h) If the court [or jury] finds that the child did engage in
228	228	truant conduct, the court shall proceed to issue a judgment finding
229	229	the child has engaged in truant conduct and order the remedies the
230	230	court finds appropriate under Section 65.103. [The jury is not
231	231	involved in ordering remedies for a child who has been adjudicated
232	232	as having engaged in truant conduct.]
233	233	SECTION 11. The following provisions are repealed:
234	234	(1) Sections 25.0915(b) and 25.0951(d), Education
235	235	Code;
236	236	(2) Sections 65.007(b) and (c), Family Code;
237	237	(3) Section 65.065, Family Code; and
238	238	(4) Sections 65.101(c), 65.108(b), and 65.259(c),
239	239	Family Code.
240	240	SECTION 12. Sections 25.091, 25.0915, and 25.0951,
241	241	Education Code, as amended by this Act, apply beginning with the
242	242	2025-2026 school year.
243	243	SECTION 13. The changes in law made by this Act to Chapter
244	244	65, Family Code, apply only to conduct that occurs on or after the
245	245	effective date of this Act. Conduct that occurs before the
246	246	effective date of this Act is governed by the law in effect on the
247	247	date the conduct occurred, and the former law is continued in effect
248	248	for that purpose. For purposes of this section, conduct occurs
249	249	before the effective date of this Act if any element of the conduct
250	250	occurs before that date.
251	251	SECTION 14. This Act takes effect September 1, 2025.