25.094 Texas Education Code Beginning

                                                              H.B. No. 681
   1-1                                AN ACT
   1-2  relating to truancy; 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  Education Code, if the court determines that the child is too old
  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 parents, managing
  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  parents, managing conservator, or guardian;
  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 attendance officer may refer a child alleged to
   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 parent, guardian, or custodian
  3-13  of the child who is the subject of the hearing an order directing
  3-14  the parent, guardian, or custodian to appear personally at 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 parent,
  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 attendance was required.  An offense under this
  3-21  subsection is a Class C misdemeanor.
  3-22        SECTION 2.  Section 4.25(a), Education Code, is amended to
  3-23  read as follows:
  3-24        (a)  If any parent or person standing in parental relation to
  3-25  a child, within the compulsory school attendance ages and not
  3-26  lawfully exempt or properly excused from school attendance, fails
  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 attendance officer to
   4-2  warn, in writing, the parent or person standing in parental
   4-3  relation that attendance must be immediately required.  If after
   4-4  this warning the parent or person standing in parental relation
   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  parent or person standing in parental relation commits an offense.
   4-8  The attendance officer shall file a complaint against him in 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 attendance officer shall file a complaint
  4-13  under this section in the court to which the parent's child has
  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 parents, the attendance officer
  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
  4-26  less 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
   5-1  nor 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, Education Code, is
  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), Education Code, is amended to
  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), Education Code, is amended to
  6-24  read as follows:
  6-25        (a)  A school attendance officer shall have the following
  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  attendance law;
   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 education; and
   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.