By Wentworth S.B. No. 263
74R1402 ESH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to truancy.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 4.25(a), Education Code, as amended by
1-5 Chapters 347, 358, and 930, Acts of the 73rd Legislature, Regular
1-6 Session, 1993, is amended to read as follows:
1-7 (a) If any parent or person standing in parental relation to
1-8 a child, within the compulsory school attendance ages and not
1-9 lawfully exempt or properly excused from school attendance, fails
1-10 to require such child to attend school for such periods as required
1-11 by law, it shall be the duty of the proper attendance officer to
1-12 warn, in writing, the parent or person standing in parental
1-13 relation that attendance must be immediately required. If after
1-14 this warning the parent or person standing in parental relation
1-15 intentionally, knowingly, recklessly, or with criminal negligence
1-16 fails to require the child to attend school as required by law and
1-17 the child has unexcused voluntary absences for the amount of time
1-18 specified under Section 51.03(b)(2), Family Code, the parent or
1-19 person standing in parental relation commits an offense. The
1-20 attendance officer shall file a complaint against the parent or
1-21 person standing in parental relation <him> in the county court, in
1-22 the justice court of the <his resident> precinct in which the
1-23 parent or person standing in parental relation resides, or in the
1-24 municipal court of the municipality in which the parent or person
2-1 standing in parental relation <he> resides or in any municipality
2-2 or justice of the peace precinct in which the school district is
2-3 located. The attendance officer shall file a complaint under this
2-4 section in the court to which the <parent's> child has been
2-5 referred for engaging in conduct described in Section 51.03(b)(2),
2-6 Family Code, if a referral has been made for the child. In
2-7 addition, if the child has unexcused voluntary absences for the
2-8 amount of time specified under Section 51.03(b)(2), Family Code,
2-9 the attendance officer shall refer the child to the county juvenile
2-10 probation department for action as conduct indicating a need for
2-11 supervision under that section. A court in which a complaint is
2-12 filed under this subsection shall give preference to a hearing on
2-13 the complaint over other cases before the court. An offense under
2-14 this section is a Class C misdemeanor <punishable by a fine of not
2-15less than $10 nor more than $50 for the first offense, not less
2-16than $20 nor more than $100 for the second offense, and not less
2-17than $50 nor more than $200 for a subsequent offense>. Each day
2-18 the child remains out of school after the warning has been given or
2-19 the child ordered to school by the juvenile court may constitute a
2-20 separate offense. Two or more offenses under this section may be
2-21 consolidated and prosecuted in a single action. If the court
2-22 probates the sentence, the court may require the defendant to
2-23 render personal services to a charitable or educational institution
2-24 as a condition of probation.
2-25 SECTION 2. Section 4.251, Education Code, is amended to read
2-26 as follows:
2-27 Sec. 4.251. Failure to Attend School. (a) A child commits
3-1 an offense if the child:
3-2 (1) is required to attend school under Section 21.032
3-3 of this code; and
3-4 (2) fails to attend school for 10 or more days or
3-5 parts of days in a six-month period or three or more days or parts
3-6 of days in a four-week period without an excuse as provided by
3-7 Section 21.035 of this code.
3-8 (b) An offense under this section may be prosecuted in the
3-9 justice court for the precinct in which the child resides or in
3-10 which the school is located.
3-11 (c) On a finding by the justice court that the child has
3-12 committed an offense under Subsection (a), the court may enter an
3-13 order that includes one or more of the requirements listed in
3-14 Section 54.021(d), Family Code.
3-15 (d) If the justice court finds that a child has violated an
3-16 order issued under Subsection (c), the court shall transfer the
3-17 complaint against the child, together with all pleadings and
3-18 orders, to a juvenile court for the county in which the child
3-19 resides. The juvenile court shall conduct an adjudication hearing
3-20 as provided by Section 54.03, Family Code. The adjudication
3-21 hearing shall be de novo.
3-22 (e) Pursuant to an order of the justice court, a peace
3-23 officer may take a child into custody if there are reasonable
3-24 grounds to believe that the child has committed an offense under
3-25 this section. A peace officer taking a child into custody under
3-26 this subsection shall:
3-27 (1) promptly notify the child's parent, guardian, or
4-1 custodian of the officer's action and the reason for that action;
4-2 and
4-3 (2) without unnecessary delay:
4-4 (A) release the child to the child's parent,
4-5 guardian, or custodian or to another responsible adult, if the
4-6 person promises to bring the child to the justice court as
4-7 requested by the court; or
4-8 (B) bring the child to the justice of the peace
4-9 of the court having jurisdiction over the child.
4-10 (f) An offense under this section is a Class C misdemeanor.
4-11 (g) <(d)> Any person convicted of not more than one
4-12 violation under this section while a minor, on attaining the age of
4-13 18 years, may apply to the court in which he was convicted to have
4-14 the conviction expunged.
4-15 (h) <(e)> The application shall contain the applicant's
4-16 sworn statement that he was not convicted of any violation of this
4-17 section while a minor other than the one he seeks to have expunged.
4-18 (i) <(f)> If the court finds that the applicant was not
4-19 convicted of any other violation of this section while he was a
4-20 minor, the court shall order the conviction, together with all
4-21 complaints, verdicts, sentences, and other documents relating to
4-22 the offense, to be expunged from the applicant's record. After
4-23 entry of the order, the applicant shall be released from all
4-24 disabilities resulting from the conviction, and the conviction may
4-25 not be shown or made known for any purpose.
4-26 SECTION 3. (a) The change in law made by Section 1 of this
4-27 Act applies only to an offense under Section 4.25, Education Code,
5-1 committed on or after the effective date of this Act. For the
5-2 purposes of this section, an offense is committed before the
5-3 effective date of this Act if any element of the offense occurs
5-4 before the effective date.
5-5 (b) An offense under Section 4.25, Education Code, committed
5-6 before the effective date of this Act is covered by the law in
5-7 effect when the offense was committed, and the former law is
5-8 continued in effect for that purpose.
5-9 SECTION 4. This Act takes effect September 1, 1995.
5-10 SECTION 5. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended.
Tuesday, February 27, 2007
25.094 Texas Education Code part II
25.094 Texas Education Code Beginning
H.B. No. 681
1-1 AN ACT
1-2 relating totruancy
; providing a penalty.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 54.021, Family Code, is amended by
1-5 amending Subsections (a), (b), and (d) and adding Subsections (e),
1-6 (f), (g), and (h) to read as follows:
1-7 (a) The juvenile court may waive its exclusive original
1-8 jurisdiction and transfer a child to an appropriate justice court,
1-9 with the permission of the justice court, for disposition in the
1-10 manner provided by Subsection (b) of this section if the child is
1-11 alleged to have engaged in conduct described in Section 51.03(b)(2)
1-12 of this code. A waiver of jurisdiction under this subsection may
1-13 be for an individual case or for all cases in which a child is
1-14 alleged to have engaged in conduct described in Section 51.03(b)(2)
1-15 of this code. The waiver of a juvenile court's exclusive original
1-16 jurisdiction for all cases in which a child is alleged to have
1-17 engaged in conduct described in Section 51.03(b)(2) of this code is
1-18 effective for a period of one year.
1-19 (b) A justice court may exercise jurisdiction over a child
1-20 alleged to have engaged in conduct indicating a need for
1-21 supervision by engaging in conduct described in Section 51.03(b)(2)
1-22 in a case where the juvenile court has waived its original
1-23 jurisdiction under this section. A justice court may exercise
1-24 jurisdiction under this section without regard to whether the
2-1 justice of the peace for the court is a licensed attorney or the
2-2 hearing for a case is before a jury consisting of six persons.
2-3 (d) On a finding by the justice court that the child has
2-4 engaged in truant conduct and that the conduct is of a recurrent
2-5 nature, the court may enter an order that includes one or more of
2-6 the following provisions requiring that:
2-7 (1) the child attend a preparatory class for the high
2-8 school equivalency examination provided under Section 11.35,
2-9
2-10 to do well in a formal classroom environment;
2-11 (2) the child attend a special program that the court
2-12 determines to be in the best interests of the child, including an
2-13 alcohol and drug abuse program;
2-14 (3) the child and the child's
2-15 conservator, or guardian attend a class for students at risk of
2-16 dropping out of school designed for both the child and the child's
2-17
2-18 (4) the child complete reasonable community service
2-19 requirements; <or>
2-20 (5) the child's driver's license be suspended in the
2-21 manner provided by Section 54.042 of this code;
2-22 (6) the child attend school without unexcused
2-23 absences; or
2-24 (7) the child participate in a tutorial program
2-25 provided by the school attended by the child in the academic
2-26 subjects in which the child is enrolled for a total number of hours
2-27 ordered by the court.
3-1 (e) An order under Subsection (d) of this section is
3-2 enforceable in the justice court by contempt.
3-3 (f) A school
3-4 have engaged in conduct described in Section 51.03(b)(2) of this
3-5 code to the justice court in the precinct where the child resides
3-6 or in the precinct where the child's school is located if the
3-7 juvenile court having exclusive original jurisdiction has waived
3-8 its jurisdiction as provided by Subsection (a) of this section for
3-9 all cases involving conduct described by Section 51.03(b)(2) of
3-10 this code.
3-11 (g) A court having jurisdiction under this section shall
3-12 endorse on the summons issued to the
3-13 of the child who is the subject of the hearing an order directing
3-14 the
3-15 hearing and directing the person having custody of the child to
3-16 bring the child to the hearing.
3-17 (h) A person commits an offense if the person is a
3-18 guardian, or custodian who fails to attend a hearing under this
3-19 section after receiving notice under Subsection (g) of this section
3-20 that the person's
3-21 subsection is a Class C misdemeanor.
3-22 SECTION 2. Section 4.25(a),
3-23 read as follows:
3-24 (a) If any
3-25 a child, within the compulsory school
3-26 lawfully exempt or properly excused from school
3-27 to require such child to attend school for such periods as required
4-1 by law, it shall be the duty of the proper
4-2 warn, in writing, the
4-3 relation that
4-4 this warning the
4-5 intentionally, knowingly, recklessly, or with criminal negligence
4-6 fails to require the child to attend school as required by law, the
4-7
4-8 The
4-9 county court, in the justice court of his resident precinct, or in
4-10 the municipal court of the municipality in which he resides or in
4-11 the municipality or justice of the peace precinct in which the
4-12 school is located. The
4-13 under this section in the court to which the
4-14 been referred for engaging in conduct described in Section
4-15 51.03(b)(2), Family Code, if a referral has been made for the
4-16 child. In addition, if the child has been voluntarily absent from
4-17 school for 10 or more days or parts of days within a six-month
4-18 period or three or more days or parts of days within a four-week
4-19 period without the consent of his
4-20 shall refer the child to the county juvenile probation department
4-21 for action as conduct indicating a need for supervision under
4-22 Section 51.03(b), Family Code. A court in which a complaint is
4-23 filed under this subsection shall give preference to a hearing on
4-24 the complaint over other cases before the court. An offense under
4-25 this section is a Class C misdemeanor <punishable by a fine of not
4-26less than $5 nor more than $25 for the first offense, not less than
4-27$10 nor more than $50 for the second offense, and not less than $25
5-1nor more than $100 for a subsequent offense>. Each day the child
5-2 remains out of school after the warning has been given or the child
5-3 ordered to school by the juvenile court may constitute a separate
5-4 offense. Two or more offenses under this section may be
5-5 consolidated and prosecuted in a single action. If the court
5-6 probates the sentence, the court may require the defendant to
5-7 render personal services to a charitable or educational institution
5-8 as a condition of probation.
5-9 SECTION 3. Subchapter A, Chapter 4,
5-10 amended by adding Section 4.251 to read as follows:
5-11 Sec. 4.251. FAILURE TO ATTEND SCHOOL. (a) A child commits
5-12 an offense if the child:
5-13 (1) is required to attend school under Section 21.032
5-14 of this code; and
5-15 (2) fails to attend school for 10 or more days or
5-16 parts of days in a six-month period or three or more days or parts
5-17 of days in a four-week period without an excuse as provided by
5-18 Section 21.035 of this code.
5-19 (b) An offense under this section may be prosecuted in the
5-20 justice court for the precinct in which the child resides or in
5-21 which the school is located.
5-22 (c) An offense under this section is a Class C misdemeanor.
5-23 (d) Any person convicted of not more than one violation
5-24 under this section while a minor, on attaining the age of 18 years,
5-25 may apply to the court in which he was convicted to have the
5-26 conviction expunged.
5-27 (e) The application shall contain the applicant's sworn
6-1 statement that he was not convicted of any violation of this
6-2 section while a minor other than the one he seeks to have expunged.
6-3 (f) If the court finds that the applicant was not convicted
6-4 of any other violation of this section while he was a minor, the
6-5 court shall order the conviction, together with all complaints,
6-6 verdicts, sentences, and other documents relating to the offense,
6-7 to be expunged from the applicant's record. After entry of the
6-8 order, the applicant shall be released from all disabilities
6-9 resulting from the conviction, and the conviction may not be shown
6-10 or made known for any purpose.
6-11 SECTION 4. Section 21.035(g),
6-12 read as follows:
6-13 (g) The absences of a student who returns to school as a
6-14 result of a prosecution under Section 4.25 or 4.251 of this code or
6-15 by order of a court may be excused if the student:
6-16 (1) returns to school and attends class regularly and
6-17 to the satisfaction of the district;
6-18 (2) satisfactorily completes assignments for the
6-19 period of the absence within a reasonable time determined by the
6-20 district; and
6-21 (3) passes an examination at the completion of the
6-22 class.
6-23 SECTION 5. Section 21.039(a),
6-24 read as follows:
6-25 (a) A school
6-26 powers and duties:
6-27 (1) to investigate all cases of unexcused absences
7-1 from school;
7-2 (2) to administer oaths and to serve legal process;
7-3 (3) to enforce the provisions of the compulsory
7-4
7-5 (4) to keep records of all cases of any kind
7-6 investigated by him in the discharge of his duties;
7-7 (5) to make all reports of his work required of him by
7-8 the commissioner of
7-9 (6) to refer to a juvenile court or to a justice court
7-10 if the juvenile court has waived jurisdiction as provided by
7-11 Section 54.021(a), Family Code, any truant pupil who has unexcused
7-12 voluntary absences for the amount of time specified under Section
7-13 51.03(b)(2), Family Code, or to file a complaint against any
7-14 recalcitrant person having parental control as provided in Section
7-15 4.25 of this code, or to file a complaint against a pupil for a
7-16 violation of Section 4.251 of this code.
7-17 SECTION 6. This Act takes effect September 1, 1993.
7-18 SECTION 7. (a) The change in law made by this Act applies
7-19 only if the final absence that makes Section 51.03(b)(2), Family
7-20 Code, applicable to a child's conduct occurs on or after the
7-21 effective date of this Act.
7-22 (b) The change in law made by this Act applies only to an
7-23 offense committed on or after the effective date of this Act. For
7-24 the purposes of this section, an offense is committed before the
7-25 effective date of this Act if any element of the offense occurs
7-26 before the effective date.
7-27 (c) An offense committed before the effective date of this
8-1 Act is covered by the law in effect at the time the offense was
8-2 committed, and the former law is continued in effect for that
8-3 purpose.
8-4 SECTION 8. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.
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