Bill Text: TX HB2398 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to court jurisdiction and procedures relating to truancy; establishing judicial donation trust funds; providing criminal penalties; imposing a court cost.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2015-06-18 - Effective on 9/1/15 [HB2398 Detail]
Download: Texas-2015-HB2398-Enrolled.html
H.B. No. 2398 |
|
||
relating to court jurisdiction and procedures relating to truancy; | ||
establishing judicial donation trust funds; providing criminal | ||
penalties; imposing a court cost. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Article 4.14(g), Code of Criminal Procedure, is | ||
amended to read as follows: | ||
(g) A municipality may enter into an agreement with a | ||
contiguous municipality or a municipality with boundaries that are | ||
within one-half mile of the municipality seeking to enter into the | ||
agreement to establish concurrent jurisdiction of the municipal | ||
courts in the municipalities and provide original jurisdiction to a | ||
municipal court in which a case is brought as if the municipal court | ||
were located in the municipality in which the case arose, for: | ||
(1) all cases in which either municipality has | ||
jurisdiction under Subsection (a); and | ||
(2) cases that arise under Section 821.022, Health and | ||
Safety Code[ |
||
SECTION 2. Articles 45.0216(f) and (g), Code of Criminal | ||
Procedure, are amended to read as follows: | ||
(f) The court shall order the conviction, together with all | ||
complaints, verdicts, sentences, and prosecutorial and law | ||
enforcement records, and any other documents relating to the | ||
offense, expunged from the person's record if the court finds that: | ||
(1) for a person applying for the expunction of a | ||
conviction for an offense described by Section 8.07(a)(4) or (5), | ||
Penal Code, the person was not convicted of any other offense | ||
described by Section 8.07(a)(4) or (5), Penal Code, while the | ||
person was a child; and | ||
(2) for a person applying for the expunction of a | ||
conviction for an offense described by Section 43.261, Penal Code, | ||
the person was not found to have engaged in conduct indicating a | ||
need for supervision described by Section 51.03(b)(7) | ||
[ |
||
(g) This article does not apply to any offense otherwise | ||
covered by: | ||
(1) Chapter 106, Alcoholic Beverage Code; or | ||
(2) Chapter 161, Health and Safety Code[ |
||
[ |
||
SECTION 3. Subchapter B, Chapter 45, Code of Criminal | ||
Procedure, is amended by adding Articles 45.0531 and 45.0541 to | ||
read as follows: | ||
Art. 45.0531. DISMISSAL OF PARENT CONTRIBUTING TO | ||
NONATTENDANCE CHARGE. Notwithstanding any other law, a county, | ||
justice, or municipal court, at the court's discretion, may dismiss | ||
a charge against a defendant alleging the defendant committed an | ||
offense under Section 25.093, Education Code, if the court finds | ||
that a dismissal would be in the interest of justice because: | ||
(1) there is a low likelihood of recidivism by the | ||
defendant; or | ||
(2) sufficient justification exists for the failure to | ||
attend school. | ||
Art. 45.0541. EXPUNCTION OF FAILURE TO ATTEND SCHOOL | ||
RECORDS. (a) In this article, "truancy offense" means an offense | ||
committed under the former Section 25.094, Education Code. | ||
(b) An individual who has been convicted of a truancy | ||
offense or has had a complaint for a truancy offense dismissed is | ||
entitled to have the conviction or complaint and records relating | ||
to the conviction or complaint expunged. | ||
(c) Regardless of whether the individual has filed a | ||
petition for expunction, the court in which the individual was | ||
convicted or a complaint for a truancy offense was filed shall order | ||
the conviction, complaints, verdicts, sentences, and other | ||
documents relating to the offense, including any documents in the | ||
possession of a school district or law enforcement agency, to be | ||
expunged from the individual's record. After entry of the order, | ||
the individual is released from all disabilities resulting from the | ||
conviction or complaint, and the conviction or complaint may not be | ||
shown or made known for any purpose. | ||
SECTION 4. Article 45.056(a), Code of Criminal Procedure, | ||
as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted and | ||
amended to read as follows: | ||
(a) On approval of the commissioners court, city council, | ||
school district board of trustees, juvenile board, or other | ||
appropriate authority, a county court, justice court, municipal | ||
court, school district, juvenile probation department, or other | ||
appropriate governmental entity may: | ||
(1) employ a case manager to provide services in cases | ||
involving juvenile offenders who are before a court consistent with | ||
the court's statutory powers or referred to a court by a school | ||
administrator or designee for misconduct that would otherwise be | ||
within the court's statutory powers prior to a case being filed, | ||
with the consent of the juvenile and the juvenile's parents or | ||
guardians; | ||
(2) employ one or more juvenile case managers who: | ||
(A) shall assist the court in administering the | ||
court's juvenile docket and in supervising the court's orders in | ||
juvenile cases; and | ||
(B) may provide: | ||
(i) prevention services to a child | ||
considered at risk of entering the juvenile justice system; and | ||
(ii) intervention services to juveniles | ||
engaged in misconduct before cases are filed, excluding traffic | ||
offenses; or | ||
(3) agree in accordance with Chapter 791, Government | ||
Code, with any appropriate governmental entity to jointly employ a | ||
case manager or to jointly contribute to the costs of a case manager | ||
employed by one governmental entity to provide services described | ||
by Subdivisions (1) and (2). | ||
SECTION 5. Article 102.014(d), Code of Criminal Procedure, | ||
is amended to read as follows: | ||
(d) A person convicted of an offense under Section 25.093 | ||
[ |
||
addition to other taxable court costs. The additional court costs | ||
under this subsection shall be collected in the same manner that | ||
other fines and taxable court costs in the case are collected. | ||
SECTION 6. (a) Section 7.111(a), Education Code, as | ||
amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of | ||
the 83rd Legislature, Regular Session, 2013, is reenacted to read | ||
as follows: | ||
(a) The board shall provide for the administration of high | ||
school equivalency examinations. | ||
(b) Section 7.111(a-1), Education Code, is amended to | ||
conform to the amendment of Section 7.111(a), Education Code, by | ||
Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular | ||
Session, 2013, and is further amended to read as follows: | ||
(a-1) A person who does not have a high school diploma may | ||
take the examination in accordance with rules adopted by the board | ||
if the person is: | ||
(1) over 17 years of age; | ||
(2) 16 years of age or older and: | ||
(A) is enrolled in a Job Corps training program | ||
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 | ||
et seq.), and its subsequent amendments; | ||
(B) a public agency providing supervision of the | ||
person or having custody of the person under a court order | ||
recommends that the person take the examination; or | ||
(C) is enrolled in the Texas Military | ||
Department's [ |
||
Corps; or | ||
(3) required to take the examination under a court | ||
order issued under Section 65.103(a)(3), Family Code. | ||
SECTION 7. Section 25.085, Education Code, is amended by | ||
amending Subsections (b), (e), and (f) and adding Subsections (g) | ||
and (h) to read as follows: | ||
(b) Unless specifically exempted by Section 25.086, a child | ||
who is at least six years of age, or who is younger than six years of | ||
age and has previously been enrolled in first grade, and who has not | ||
yet reached the child's 19th [ |
||
(e) A person who voluntarily enrolls in school or | ||
voluntarily attends school after the person's 19th [ |
||
shall attend school each school day for the entire period the | ||
program of instruction is offered. A school district may revoke for | ||
the remainder of the school year the enrollment of a person who has | ||
more than five absences in a semester that are not excused under | ||
Section 25.087, except a school district may not revoke the | ||
enrollment of a person under this subsection on a day on which the | ||
person is physically present at school. A person whose enrollment | ||
is revoked under this subsection may be considered an unauthorized | ||
person on school district grounds for purposes of Section 37.107. | ||
(f) The board of trustees of a school district may adopt a | ||
policy requiring a person described by Subsection (e) who is under | ||
21 years of age to attend school until the end of the school year. | ||
Section 65.003(a), Family Code, does not apply [ |
||
a person subject to a policy adopted under this subsection. | ||
Sections 25.093 and 25.095 do not apply to the parent of a person | ||
subject to a policy adopted under this subsection. | ||
(g) After the third unexcused absence of a person described | ||
by Subsection (e), a school district shall issue a warning letter to | ||
the person that states the person's enrollment may be revoked for | ||
the remainder of the school year if the person has more than five | ||
unexcused absences in a semester. | ||
(h) As an alternative to revoking a person's enrollment | ||
under Subsection (e), a school district may impose a behavior | ||
improvement plan described by Section 25.0915(a-1)(1). | ||
SECTION 8. Sections 25.091(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) A peace officer serving as an attendance officer has the | ||
following powers and duties concerning enforcement of compulsory | ||
school attendance requirements: | ||
(1) to investigate each case of a violation of | ||
compulsory school attendance requirements referred to the peace | ||
officer; | ||
(2) to enforce compulsory school attendance | ||
requirements by: | ||
(A) applying truancy prevention measures adopted | ||
under Section 25.0915 to the student; and | ||
(B) if the truancy prevention measures fail to | ||
meaningfully address the student's conduct: | ||
(i) referring the student to a truancy | ||
court [ |
||
|
||
absences for the amount of time specified under Section 65.003(a) | ||
[ |
||
(ii) filing a complaint in a county, | ||
justice, or municipal court against a parent who violates Section | ||
25.093; | ||
(3) to serve court-ordered legal process; | ||
(4) to review school attendance records for compliance | ||
by each student investigated by the officer; | ||
(5) to maintain an investigative record on each | ||
compulsory school attendance requirement violation and related | ||
court action and, at the request of a court, the board of trustees | ||
of a school district, or the commissioner, to provide a record to | ||
the individual or entity requesting the record; and | ||
(6) to make a home visit or otherwise contact the | ||
parent of a student who is in violation of compulsory school | ||
attendance requirements, except that a peace officer may not enter | ||
a residence without the permission of the parent of a student | ||
required under this subchapter to attend school or of the tenant or | ||
owner of the residence except to lawfully serve court-ordered legal | ||
process on the parent[ |
||
[ |
||
|
||
|
||
(b) An attendance officer employed by a school district who | ||
is not commissioned as a peace officer has the following powers and | ||
duties with respect to enforcement of compulsory school attendance | ||
requirements: | ||
(1) to investigate each case of a violation of the | ||
compulsory school attendance requirements referred to the | ||
attendance officer; | ||
(2) to enforce compulsory school attendance | ||
requirements by: | ||
(A) applying truancy prevention measures adopted | ||
under Section 25.0915 to the student; and | ||
(B) if the truancy prevention measures fail to | ||
meaningfully address the student's conduct: | ||
(i) referring the student to a truancy | ||
court [ |
||
|
||
absences for the amount of time specified under Section 65.003(a) | ||
[ |
||
(ii) filing a complaint in a county, | ||
justice, or municipal court against a parent who violates Section | ||
25.093; | ||
(3) to monitor school attendance compliance by each | ||
student investigated by the officer; | ||
(4) to maintain an investigative record on each | ||
compulsory school attendance requirement violation and related | ||
court action and, at the request of a court, the board of trustees | ||
of a school district, or the commissioner, to provide a record to | ||
the individual or entity requesting the record; | ||
(5) to make a home visit or otherwise contact the | ||
parent of a student who is in violation of compulsory school | ||
attendance requirements, except that the attendance officer may not | ||
enter a residence without permission of the parent or of the owner | ||
or tenant of the residence; and | ||
(6) at the request of a parent, to escort a student | ||
from any location to a school campus to ensure the student's | ||
compliance with compulsory school attendance requirements[ |
||
[ |
||
|
||
|
||
|
||
|
||
|
||
SECTION 9. Section 25.0915, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.0915. TRUANCY PREVENTION MEASURES[ |
||
|
||
prevention measures designed to: | ||
(1) address student conduct related to truancy in the | ||
school setting before the student engages in conduct described by | ||
Section 65.003(a), Family Code; and | ||
(2) minimize the need for referrals to truancy | ||
[ |
||
[ |
||
[ |
||
|
||
|
||
(a-1) As a truancy prevention measure under Subsection (a), | ||
a school district shall take one or more of the following actions: | ||
(1) impose: | ||
(A) a behavior improvement plan on the student | ||
that must be signed by an employee of the school, that the school | ||
district has made a good faith effort to have signed by the student | ||
and the student's parent or guardian, and that includes: | ||
(i) a specific description of the behavior | ||
that is required or prohibited for the student; | ||
(ii) the period for which the plan will be | ||
effective, not to exceed 45 school days after the date the contract | ||
becomes effective; or | ||
(iii) the penalties for additional | ||
absences, including additional disciplinary action or the referral | ||
of the student to a truancy court; or | ||
(B) school-based community service; or | ||
(2) refer the student to counseling, mediation, | ||
mentoring, a teen court program, community-based services, or other | ||
in-school or out-of-school services aimed at addressing the | ||
student's truancy. | ||
(a-2) A referral made under Subsection (a-1)(2) may include | ||
participation by the child's parent or guardian if necessary. | ||
(a-3) A school district shall offer additional counseling | ||
to a student and may not refer the student to truancy court if the | ||
school determines that the student's truancy is the result of: | ||
(1) pregnancy; | ||
(2) being in the state foster program; | ||
(3) homelessness; or | ||
(4) being the principal income earner for the | ||
student's family. | ||
(a-4) If a student fails to attend school without excuse on | ||
three or more days or parts of days within a four-week period but | ||
does not fail to attend school for the time described by Section | ||
25.0951(a), the school district shall initiate truancy prevention | ||
measures under this section on the student. | ||
(b) Each referral to truancy [ |
||
described by Section 65.003(a) [ |
||
|
||
|
||
(1) be accompanied by a statement from the student's | ||
school certifying that: | ||
(A) the school applied the truancy prevention | ||
measures adopted under Subsection (a) or (a-4) to the student; and | ||
(B) the truancy prevention measures failed to | ||
meaningfully address the student's school attendance; and | ||
(2) specify whether the student is eligible for or | ||
receives special education services under Subchapter A, Chapter 29. | ||
(c) A truancy court shall dismiss a petition filed by a | ||
truant conduct prosecutor under Section 65.054, Family Code, if the | ||
court determines that the school district's referral: | ||
(1) does [ |
||
|
||
|
||
(2) does not satisfy the elements required for truant | ||
conduct; | ||
(3) is not timely filed, unless the school district | ||
delayed the referral under Section 25.0951(d); or | ||
(4) is otherwise substantively defective. | ||
(d) Except as provided by Subsection (e), a school district | ||
shall employ a truancy prevention facilitator or juvenile case | ||
manager to implement the truancy prevention measures required by | ||
this section and any other effective truancy prevention measures as | ||
determined by the school district or campus. At least annually, the | ||
truancy prevention facilitator shall meet to discuss effective | ||
truancy prevention measures with a case manager or other individual | ||
designated by a truancy court to provide services to students of the | ||
school district in truancy cases. | ||
(e) Instead of employing a truancy prevention facilitator, | ||
a school district may designate an existing district employee or | ||
juvenile case manager to implement the truancy prevention measures | ||
required by this section and any other effective truancy prevention | ||
measures as determined by the school district or campus. | ||
(f) The agency shall adopt rules: | ||
(1) creating minimum standards for truancy prevention | ||
measures adopted by a school district under this section; and | ||
(2) establishing a set of best practices for truancy | ||
prevention measures. | ||
(g) The agency shall adopt rules to provide for sanctions | ||
for a school district found to be not in compliance with this | ||
section. | ||
SECTION 10. Section 25.0916, Education Code, is amended by | ||
amending Subsections (a), (c), (f), (h), and (i) and adding | ||
Subsection (c-1) to read as follows: | ||
(a) This section applies only to a county with two or more | ||
courts hearing truancy cases and two or more school districts[ |
||
[ |
||
[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
|
||
|
||
(c) Unless the county has already adopted a uniform truancy | ||
policy under this section, not [ |
||
1, 2016 [ |
||
the mayor of the municipality in the county with the greatest | ||
population or the mayor's designee shall each appoint one member to | ||
serve on the committee as a representative of each of the following: | ||
(1) a juvenile [ |
||
(2) a municipal court; | ||
(3) the office of a justice of the peace; | ||
(4) the superintendent or designee of an independent | ||
school district; | ||
(5) an open-enrollment charter school, if one exists | ||
in the county; | ||
(6) the office of the prosecutor with original truancy | ||
jurisdiction in the county [ |
||
(7) the general public. | ||
(c-1) In addition to the members listed in Subsection (c), | ||
the chief juvenile probation officer or the officer's designee | ||
serves on the committee. The county judge or the county judge's | ||
designee and the mayor of the municipality in the county with the | ||
greatest population or the mayor's designee may make additional | ||
appointments as needed. | ||
(f) Unless a county has already adopted a uniform truancy | ||
policy under this section, not [ |
||
2016 [ |
||
(1) a uniform process for filing truancy cases with | ||
truancy courts [ |
||
(2) uniform administrative procedures; | ||
(3) uniform deadlines for processing truancy cases; | ||
(4) a local plan with strategies to address truancy, | ||
including effective prevention, intervention, and diversion | ||
methods to reduce truancy and referrals to a truancy [ |
||
|
||
(5) a system for tracking truancy information and | ||
sharing truancy information among school districts, [ |
||
open-enrollment charter schools, truancy courts, juvenile courts, | ||
and juvenile probation departments in the county; and | ||
(6) any changes to statutes or state agency rules the | ||
committee determines are necessary to address truancy. | ||
(h) The committee's presiding officer shall issue a report | ||
not later than December 1, 2017 [ |
||
mayor of the municipality with the greatest population in the | ||
county on the implementation of the recommendations and compliance | ||
with state truancy laws by a school district located in the county. | ||
(i) This section expires January 1, 2018 [ |
||
SECTION 11. Section 25.093, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (c-1) to | ||
read as follows: | ||
(a) If a warning is issued as required by Section 25.095(a), | ||
the parent with criminal negligence fails to require the child to | ||
attend school as required by law, and the child has absences for the | ||
amount of time specified under Section 65.003(a), Family Code | ||
[ |
||
(c) An offense under Subsection (a) is a [ |
||
misdemeanor, punishable by fine only, in an amount not to exceed: | ||
(1) $100 for a first offense; | ||
(2) $200 for a second offense; | ||
(3) $300 for a third offense; | ||
(4) $400 for a fourth offense; or | ||
(5) $500 for a fifth or subsequent offense. | ||
(c-1) Each day the child remains out of school may | ||
constitute a separate offense. Two or more offenses under | ||
Subsection (a) may be consolidated and prosecuted in a single | ||
action. If the court orders deferred disposition under Article | ||
45.051, Code of Criminal Procedure, the court may require the | ||
defendant to provide personal services to a charitable or | ||
educational institution as a condition of the deferral. | ||
SECTION 12. Sections 25.095(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) A school district or open-enrollment charter school | ||
shall notify a student's parent in writing at the beginning of the | ||
school year that if the student is absent from school on 10 or more | ||
days or parts of days within a six-month period in the same school | ||
year [ |
||
|
||
(1) the student's parent is subject to prosecution | ||
under Section 25.093; and | ||
(2) the student is subject to [ |
||
|
||
|
||
under Section 65.003(a), Family Code [ |
||
(b) A school district shall notify a student's parent if the | ||
student has been absent from school, without excuse under Section | ||
25.087, on three days or parts of days within a four-week period. | ||
The notice must: | ||
(1) inform the parent that: | ||
(A) it is the parent's duty to monitor the | ||
student's school attendance and require the student to attend | ||
school; and | ||
(B) the student [ |
||
prevention measures [ |
||
and | ||
(2) request a conference between school officials and | ||
the parent to discuss the absences. | ||
(c) The fact that a parent did not receive a notice under | ||
Subsection (a) or (b) does not create a defense [ |
||
under Section 25.093 or under Section 65.003(a), Family Code | ||
[ |
||
SECTION 13. Section 25.0951, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.0951. SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR | ||
FAILURE TO ATTEND SCHOOL. (a) If a student fails to attend school | ||
without excuse on 10 or more days or parts of days within a | ||
six-month period in the same school year, a school district shall | ||
within 10 school days of the student's 10th absence[ |
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
for truant conduct [ |
||
Section 65.003(a) [ |
||
(b) If a student fails to attend school without excuse as | ||
specified by Subsection (a), a school district may file a complaint | ||
against the student's parent in a county, justice, or municipal | ||
court for an offense under Section 25.093 if the school district | ||
provides evidence of the parent's criminal negligence [ |
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
[ |
||
person standing in parental relation. | ||
(c) [ |
||
made by a school district under Subsection (b) [ |
||
that: | ||
(1) does [ |
||
this section; | ||
(2) does not allege the elements required for the | ||
offense; | ||
(3) is not timely filed, unless the school district | ||
delayed the referral under Subsection (d); or | ||
(4) is otherwise substantively defective. | ||
(d) Notwithstanding Subsection (a), a school district may | ||
delay a referral of a student for truant conduct, or may choose to | ||
not refer a student for truant conduct, if the school district: | ||
(1) is applying truancy prevention measures to the | ||
student under Section 25.0915; and | ||
(2) determines that the truancy prevention measures | ||
are succeeding and it is in the best interest of the student that a | ||
referral be delayed or not be made. | ||
SECTION 14. Section 25.0952, Education Code, is amended to | ||
read as follows: | ||
Sec. 25.0952. PROCEDURES APPLICABLE TO PARENT CONTRIBUTING | ||
TO NONATTENDANCE OFFENSE [ |
||
a proceeding based on a complaint under Section 25.093 [ |
||
the court shall, except as otherwise provided by this chapter, use | ||
the procedures and exercise the powers authorized by Chapter 45, | ||
Code of Criminal Procedure. | ||
SECTION 15. Section 29.087(d), Education Code, is amended | ||
to read as follows: | ||
(d) A student is eligible to participate in a program | ||
authorized by this section if: | ||
(1) the student has been ordered by a court under | ||
Section 65.103, Family Code [ |
||
|
||
|
||
[ |
||
(A) participate in a preparatory class for the | ||
high school equivalency examination; or | ||
(B) take the high school equivalency examination | ||
administered under Section 7.111; or | ||
(2) the following conditions are satisfied: | ||
(A) the student is at least 16 years of age at the | ||
beginning of the school year or semester; | ||
(B) the student is a student at risk of dropping | ||
out of school, as defined by Section 29.081; | ||
(C) the student and the student's parent or | ||
guardian agree in writing to the student's participation; | ||
(D) at least two school years have elapsed since | ||
the student first enrolled in ninth grade and the student has | ||
accumulated less than one third of the credits required to graduate | ||
under the minimum graduation requirements of the district or | ||
school; and | ||
(E) any other conditions specified by the | ||
commissioner. | ||
SECTION 16. Section 33.051(2), Education Code, is amended | ||
to read as follows: | ||
(2) "Missing child" means a child whose whereabouts | ||
are unknown to the legal custodian of the child and: | ||
(A) the circumstances of whose absence indicate | ||
that the child did not voluntarily leave the care and control of the | ||
custodian and that the taking of the child was not authorized by | ||
law; or | ||
(B) the child has engaged in conduct indicating a | ||
need for supervision under Section 51.03(b)(2) [ |
||
Family Code. | ||
SECTION 17. Section 51.02(15), Family Code, is amended to | ||
read as follows: | ||
(15) "Status offender" means a child who is accused, | ||
adjudicated, or convicted for conduct that would not, under state | ||
law, be a crime if committed by an adult, including: | ||
(A) [ |
||
[ |
||
51.03(b)(2) [ |
||
(B) [ |
||
51.03(b)(1) transferred to the juvenile court under Section | ||
51.08(b), but only if the conduct constituting the offense would | ||
not have been criminal if engaged in by an adult; | ||
[ |
||
|
||
(C) [ |
||
conduct as described by Section 51.03(b)(4) [ |
||
(D) [ |
||
ordinance or order; | ||
(E) [ |
||
Alcoholic Beverage Code applicable to minors only; or | ||
(F) [ |
||
offense under Section 8.07(a)(4) or (5), Penal Code, but only if the | ||
conduct constituting the offense would not have been criminal if | ||
engaged in by an adult. | ||
SECTION 18. Sections 51.03(a), (b), (e), and (f), Family | ||
Code, are amended to read as follows: | ||
(a) Delinquent conduct is: | ||
(1) conduct, other than a traffic offense, that | ||
violates a penal law of this state or of the United States | ||
punishable by imprisonment or by confinement in jail; | ||
(2) conduct that violates a lawful order of a court | ||
under circumstances that would constitute contempt of that court | ||
in: | ||
(A) a justice or municipal court; [ |
||
(B) a county court for conduct punishable only by | ||
a fine; or | ||
(C) a truancy court; | ||
(3) conduct that violates Section 49.04, 49.05, 49.06, | ||
49.07, or 49.08, Penal Code; or | ||
(4) conduct that violates Section 106.041, Alcoholic | ||
Beverage Code, relating to driving under the influence of alcohol | ||
by a minor (third or subsequent offense). | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) [ |
||
|
||
|
||
|
||
[ |
||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(3) [ |
||
state law involving the inhalation of the fumes or vapors of paint | ||
and other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(4) [ |
||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(5) [ |
||
lawful order of a court entered under Section 264.305; | ||
(6) [ |
||
described by Section 43.02(a)(1) or (2), Penal Code; or | ||
(7) [ |
||
that violates Section 43.261, Penal Code. | ||
(e) For the purposes of Subsection (b)(2) [ |
||
does not include a person who is married, divorced, or widowed. | ||
(f) Conduct [ |
||
described under Subsection (b)(1) does not constitute conduct | ||
indicating a need for supervision unless the child has been | ||
referred to the juvenile court under Section 51.08(b). | ||
SECTION 19. Section 51.13(e), Family Code, is amended to | ||
read as follows: | ||
(e) A finding that a child engaged in conduct indicating a | ||
need for supervision as described by Section 51.03(b)(7) | ||
[ |
||
43.261(c) and (d), Penal Code. | ||
SECTION 20. Section 54.0404(a), Family Code, is amended to | ||
read as follows: | ||
(a) If a child is found to have engaged in conduct | ||
indicating a need for supervision described by Section 51.03(b)(7) | ||
[ |
||
child to attend and successfully complete an educational program | ||
described by Section 37.218, Education Code, or another equivalent | ||
educational program. | ||
SECTION 21. Section 54.05(b), Family Code, is amended to | ||
read as follows: | ||
(b) Except for a commitment to the Texas Juvenile Justice | ||
Department or to a post-adjudication secure correctional facility | ||
under Section 54.04011[ |
||
placement on determinate sentence probation under Section | ||
54.04(q), all dispositions automatically terminate when the child | ||
reaches the child's 18th birthday. | ||
SECTION 22. Section 58.0022, Family Code, is amended to | ||
read as follows: | ||
Sec. 58.0022. FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY | ||
RUNAWAYS. A law enforcement officer who takes a child into custody | ||
with probable cause to believe that the child has engaged in conduct | ||
indicating a need for supervision as described by Section | ||
51.03(b)(2) [ |
||
to determine the identity of the child, may fingerprint or | ||
photograph the child to establish the child's identity. On | ||
determination of the child's identity or that the child cannot be | ||
identified by the fingerprints or photographs, the law enforcement | ||
officer shall immediately destroy all copies of the fingerprint | ||
records or photographs of the child. | ||
SECTION 23. Section 58.003(c-3), Family Code, is amended to | ||
read as follows: | ||
(c-3) Notwithstanding Subsections (a) and (c) and subject | ||
to Subsection (b), a juvenile court, on the court's own motion and | ||
without a hearing, shall order the sealing of records concerning a | ||
child found to have engaged in conduct indicating a need for | ||
supervision described by Section 51.03(b)(6) [ |
||
taken into custody to determine whether the child engaged in | ||
conduct indicating a need for supervision described by Section | ||
51.03(b)(6) [ |
||
records related to conduct indicating a need for supervision | ||
described by Section 51.03(b)(6) [ |
||
SECTION 24. Section 58.106(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as otherwise provided by this section, | ||
information contained in the juvenile justice information system is | ||
confidential information for the use of the department and may not | ||
be disseminated by the department except: | ||
(1) with the permission of the juvenile offender, to | ||
military personnel of this state or the United States; | ||
(2) to a person or entity to which the department may | ||
grant access to adult criminal history records as provided by | ||
Section 411.083, Government Code; | ||
(3) to a juvenile justice agency; | ||
(4) to the Texas Juvenile Justice Department [ |
||
|
||
analytical purposes; | ||
(5) to the office of independent ombudsman of the | ||
Texas Juvenile Justice Department [ |
||
(6) to a county, justice, or municipal court | ||
exercising jurisdiction over a juvenile[ |
||
|
||
SECTION 25. Section 59.003(a), Family Code, is amended to | ||
read as follows: | ||
(a) Subject to Subsection (e), after a child's first | ||
commission of delinquent conduct or conduct indicating a need for | ||
supervision, the probation department or prosecuting attorney may, | ||
or the juvenile court may, in a disposition hearing under Section | ||
54.04 or a modification hearing under Section 54.05, assign a child | ||
one of the following sanction levels according to the child's | ||
conduct: | ||
(1) for conduct indicating a need for supervision, | ||
other than conduct described in Section 51.03(b)(3) or (4) | ||
[ |
||
level is one; | ||
(2) for conduct indicating a need for supervision | ||
under Section 51.03(b)(3) or (4) [ |
||
or B misdemeanor, other than a misdemeanor involving the use or | ||
possession of a firearm, or for delinquent conduct under Section | ||
51.03(a)(2), the sanction level is two; | ||
(3) for a misdemeanor involving the use or possession | ||
of a firearm or for a state jail felony or a felony of the third | ||
degree, the sanction level is three; | ||
(4) for a felony of the second degree, the sanction | ||
level is four; | ||
(5) for a felony of the first degree, other than a | ||
felony involving the use of a deadly weapon or causing serious | ||
bodily injury, the sanction level is five; | ||
(6) for a felony of the first degree involving the use | ||
of a deadly weapon or causing serious bodily injury, for an | ||
aggravated controlled substance felony, or for a capital felony, | ||
the sanction level is six; or | ||
(7) for a felony of the first degree involving the use | ||
of a deadly weapon or causing serious bodily injury, for an | ||
aggravated controlled substance felony, or for a capital felony, if | ||
the petition has been approved by a grand jury under Section 53.045, | ||
or if a petition to transfer the child to criminal court has been | ||
filed under Section 54.02, the sanction level is seven. | ||
SECTION 26. Section 61.002(a), Family Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), this chapter | ||
applies to a proceeding to enter a juvenile court order: | ||
(1) for payment of probation fees under Section | ||
54.061; | ||
(2) for restitution under Sections 54.041(b) and | ||
54.048; | ||
(3) for payment of graffiti eradication fees under | ||
Section 54.0461; | ||
(4) for community service under Section 54.044(b); | ||
(5) for payment of costs of court under Section | ||
54.0411 or other provisions of law; | ||
(6) requiring the person to refrain from doing any act | ||
injurious to the welfare of the child under Section 54.041(a)(1); | ||
(7) enjoining contact between the person and the child | ||
who is the subject of a proceeding under Section 54.041(a)(2); | ||
(8) ordering a person living in the same household | ||
with the child to participate in counseling under Section | ||
54.041(a)(3); | ||
(9) [ |
||
|
||
|
||
[ |
||
pay reasonable attorney's fees for representing the child under | ||
Section 51.10(e); | ||
(10) [ |
||
person to reimburse the county for payments the county has made to | ||
an attorney appointed to represent the child under Section | ||
51.10(j); | ||
(11) [ |
||
supervision fees under Section 53.03(d); | ||
(12) [ |
||
person to attend a court hearing under Section 51.115; | ||
(13) [ |
||
person to act or refrain from acting to aid the child in complying | ||
with conditions of release from detention under Section 54.01(r); | ||
(14) [ |
||
person to act or refrain from acting under any law imposing an | ||
obligation of action or omission on a parent or other eligible | ||
person because of the parent's or person's relation to the child who | ||
is the subject of a proceeding under this title; | ||
(15) [ |
||
or | ||
(16) [ |
||
educational program under Section 54.0404. | ||
SECTION 27. The Family Code is amended by adding Title 3A to | ||
read as follows: | ||
TITLE 3A. TRUANCY COURT PROCEEDINGS | ||
CHAPTER 65. TRUANCY COURT PROCEEDINGS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 65.001. SCOPE AND PURPOSE. (a) This chapter details | ||
the procedures and proceedings in cases involving allegations of | ||
truant conduct. | ||
(b) The purpose of this chapter is to encourage school | ||
attendance by creating simple civil judicial procedures through | ||
which children are held accountable for excessive school absences. | ||
(c) The best interest of the child is the primary | ||
consideration in adjudicating truant conduct of the child. | ||
Sec. 65.002. DEFINITIONS. In this chapter: | ||
(1) "Child" means a person who is 12 years of age or | ||
older and younger than 19 years of age. | ||
(2) "Juvenile court" means a court designated under | ||
Section 51.04 to exercise jurisdiction over proceedings under Title | ||
3. | ||
(3) "Qualified telephone interpreter" means a | ||
telephone service that employs licensed court interpreters, as | ||
defined by Section 157.001, Government Code. | ||
(4) "Truancy court" means a court designated under | ||
Section 65.004 to exercise jurisdiction over cases involving | ||
allegations of truant conduct. | ||
Sec. 65.003. TRUANT CONDUCT. (a) A child engages in | ||
truant conduct if the child is required to attend school under | ||
Section 25.085, Education Code, and fails to attend school on 10 or | ||
more days or parts of days within a six-month period in the same | ||
school year. | ||
(b) Truant conduct may be prosecuted only as a civil case in | ||
a truancy court. | ||
(c) It is an affirmative defense to an allegation of truant | ||
conduct that one or more of the absences required to be proven have | ||
been excused by a school official or by the court or that one or more | ||
of the absences were involuntary, but only if there is an | ||
insufficient number of unexcused or voluntary absences remaining to | ||
constitute truant conduct. The burden is on the child to show by a | ||
preponderance of the evidence that the absence has been or should be | ||
excused or that the absence was involuntary. A decision by the | ||
court to excuse an absence for purposes of this subsection does not | ||
affect the ability of the school district to determine whether to | ||
excuse the absence for another purpose. | ||
Sec. 65.004. TRUANCY COURTS; JURISDICTION. (a) The | ||
following are designated as truancy courts: | ||
(1) in a county with a population of 1.75 million or | ||
more, the constitutional county court; | ||
(2) justice courts; and | ||
(3) municipal courts. | ||
(b) A truancy court has exclusive original jurisdiction | ||
over cases involving allegations of truant conduct. | ||
(c) A municipality may enter into an agreement with a | ||
contiguous municipality or a municipality with boundaries that are | ||
within one-half mile of the municipality seeking to enter into the | ||
agreement to establish concurrent jurisdiction of the municipal | ||
courts in the municipalities and provide original jurisdiction to a | ||
municipal court in which a truancy case is brought as if the | ||
municipal court were located in the municipality in which the case | ||
arose. | ||
(d) A truancy court retains jurisdiction over a person, | ||
without regard to the age of the person, who was referred to the | ||
court under Section 65.051 for engaging in truant conduct before | ||
the person's 19th birthday, until final disposition of the case. | ||
Sec. 65.005. COURT SESSIONS. A truancy court is considered | ||
to be in session at all times. | ||
Sec. 65.006. VENUE. Venue for a proceeding under this | ||
chapter is the county in which the school in which the child is | ||
enrolled is located or the county in which the child resides. | ||
Sec. 65.007. RIGHT TO JURY TRIAL. (a) A child alleged to | ||
have engaged in truant conduct is entitled to a jury trial. | ||
(b) The number of jurors in a case involving an allegation | ||
of truant conduct is six. The state and the child are each entitled | ||
to three peremptory challenges. | ||
(c) There is no jury fee for a trial under this chapter. | ||
Sec. 65.008. WAIVER OF RIGHTS. A right granted to a child | ||
by this chapter or by the constitution or laws of this state or the | ||
United States is waived in proceedings under this chapter if: | ||
(1) the right is one that may be waived; | ||
(2) the child and the child's parent or guardian are | ||
informed of the right, understand the right, understand the | ||
possible consequences of waiving the right, and understand that | ||
waiver of the right is not required; | ||
(3) the child signs the waiver; | ||
(4) the child's parent or guardian signs the waiver; | ||
and | ||
(5) the child's attorney signs the waiver, if the child | ||
is represented by counsel. | ||
Sec. 65.009. EFFECT OF ADJUDICATION. (a) An adjudication | ||
of a child as having engaged in truant conduct is not a conviction | ||
of crime. An order of adjudication does not impose any civil | ||
disability ordinarily resulting from a conviction or operate to | ||
disqualify the child in any civil service application or | ||
appointment. | ||
(b) The adjudication of a child as having engaged in truant | ||
conduct may not be used in any subsequent court proceedings, other | ||
than for the purposes of determining an appropriate remedial action | ||
under this chapter or in an appeal under this chapter. | ||
Sec. 65.010. BURDEN OF PROOF. A court or jury may not | ||
return a finding that a child has engaged in truant conduct unless | ||
the state has proved the conduct beyond a reasonable doubt. | ||
Sec. 65.011. APPLICABLE STATUTES REGARDING DISCOVERY. | ||
Discovery in a proceeding under this chapter is governed by Chapter | ||
39, Code of Criminal Procedure, other than Articles 39.14(i) and | ||
(j). | ||
Sec. 65.012. PROCEDURAL RULES. The supreme court may | ||
promulgate rules of procedure applicable to proceedings under this | ||
chapter, including guidelines applicable to the informal | ||
disposition of truancy cases. | ||
Sec. 65.013. INTERPRETERS. (a) When on the motion for | ||
appointment of an interpreter by a party or on the motion of the | ||
court, in any proceeding under this chapter, the court determines | ||
that the child, the child's parent or guardian, or a witness does | ||
not understand and speak English, an interpreter must be sworn to | ||
interpret for the person. Articles 38.30(a), (b), and (c), Code of | ||
Criminal Procedure, apply in a proceeding under this chapter. A | ||
qualified telephone interpreter may be sworn to provide | ||
interpretation services if an interpreter is not available to | ||
appear in person before the court. | ||
(b) In any proceeding under this chapter, if a party | ||
notifies the court that the child, the child's parent or guardian, | ||
or a witness is deaf, the court shall appoint a qualified | ||
interpreter to interpret the proceedings in any language, including | ||
sign language, that the deaf person can understand. Articles | ||
38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a | ||
proceeding under this chapter. | ||
Sec. 65.014. SIGNATURES. Any requirement under this | ||
chapter that a document be signed or that a document contain a | ||
person's signature, including the signature of a judge or a clerk of | ||
the court, is satisfied if the document contains the signature of | ||
the person as captured on an electronic device or as a digital | ||
signature. | ||
Sec. 65.015. PUBLIC ACCESS TO COURT HEARINGS. (a) Except | ||
as provided by Subsection (b), a truancy court shall open a hearing | ||
under this chapter to the public unless the court, for good cause | ||
shown, determines that the public should be excluded. | ||
(b) The court may prohibit a person from personally | ||
attending a hearing if the person is expected to testify at the | ||
hearing and the court determines that the person's testimony would | ||
be materially affected if the person hears other testimony at the | ||
hearing. | ||
Sec. 65.016. RECORDING OF PROCEEDINGS. (a) The | ||
proceedings in a truancy court that is not a court of record may not | ||
be recorded. | ||
(b) The proceedings in a truancy court that is a court of | ||
record must be recorded by stenographic notes or by electronic, | ||
mechanical, or other appropriate means. | ||
Sec. 65.017. JUVENILE CASE MANAGERS. A truancy court may | ||
employ a juvenile case manager in accordance with Article 45.056, | ||
Code of Criminal Procedure, to provide services to children who | ||
have been referred to the truancy court or who are in jeopardy of | ||
being referred to the truancy court. | ||
SUBCHAPTER B. INITIAL PROCEDURES | ||
Sec. 65.051. INITIAL REFERRAL TO TRUANCY COURT. When a | ||
truancy court receives a referral under Section 25.0915, Education | ||
Code, and the court is not required to dismiss the referral under | ||
that section, the court shall forward the referral to a truant | ||
conduct prosecutor who serves the court. | ||
Sec. 65.052. TRUANT CONDUCT PROSECUTOR. In a justice or | ||
municipal court or a constitutional county court that is designated | ||
as a truancy court, the attorney who represents the state in | ||
criminal matters in that court shall serve as the truant conduct | ||
prosecutor. | ||
Sec. 65.053. REVIEW BY PROSECUTOR. (a) The truant conduct | ||
prosecutor shall promptly review the facts described in a referral | ||
received under Section 65.051. | ||
(b) The prosecutor may, in the prosecutor's discretion, | ||
determine whether to file a petition with the truancy court | ||
requesting an adjudication of the child for truant conduct. If the | ||
prosecutor decides not to file a petition requesting an | ||
adjudication, the prosecutor shall inform the truancy court and the | ||
school district of the decision. | ||
(c) The prosecutor may not file a petition for an | ||
adjudication of a child for truant conduct if the referral was not | ||
made in compliance with Section 25.0915, Education Code. | ||
Sec. 65.054. STATE'S PETITION. (a) A petition for an | ||
adjudication of a child for truant conduct initiates an action of | ||
the state against a child who has allegedly engaged in truant | ||
conduct. | ||
(b) The proceedings shall be styled "In the matter of | ||
_______________, Child," identifying the child by the child's | ||
initials only. | ||
(c) The petition may be on information and belief. | ||
(d) The petition must state: | ||
(1) with reasonable particularity the time, place, and | ||
manner of the acts alleged to constitute truant conduct; | ||
(2) the name, age, and residence address, if known, of | ||
the child who is the subject of the petition; | ||
(3) the names and residence addresses, if known, of at | ||
least one parent, guardian, or custodian of the child and of the | ||
child's spouse, if any; and | ||
(4) if the child's parent, guardian, or custodian does | ||
not reside or cannot be found in the state, or if their places of | ||
residence are unknown, the name and residence address of any known | ||
adult relative residing in the county or, if there is none, the name | ||
and residence address of the known adult relative residing nearest | ||
to the location of the court. | ||
(e) Filing fees may not be charged for the filing of the | ||
state's petition. | ||
Sec. 65.055. LIMITATIONS PERIOD. A petition may not be | ||
filed after the 45th day after the date of the last absence giving | ||
rise to the act of truant conduct. | ||
Sec. 65.056. HEARING DATE. (a) After the petition has | ||
been filed, the truancy court shall set a date and time for an | ||
adjudication hearing. | ||
(b) The hearing may not be held on or before the 10th day | ||
after the date the petition is filed. | ||
Sec. 65.057. SUMMONS. (a) After setting the date and time | ||
of an adjudication hearing, the truancy court shall direct the | ||
issuance of a summons to: | ||
(1) the child named in the petition; | ||
(2) the child's parent, guardian, or custodian; | ||
(3) the child's guardian ad litem, if any; and | ||
(4) any other person who appears to the court to be a | ||
proper or necessary party to the proceeding. | ||
(b) The summons must require the persons served to appear | ||
before the court at the place, date, and time of the adjudication | ||
hearing to answer the allegations of the petition. A copy of the | ||
petition must accompany the summons. If a person, other than the | ||
child, required to appear under this section fails to attend a | ||
hearing, the truancy court may proceed with the hearing. | ||
(c) The truancy court may endorse on the summons an order | ||
directing the person having the physical custody or control of the | ||
child to bring the child to the hearing. | ||
(d) A party, other than the child, may waive service of | ||
summons by written stipulation or by voluntary appearance at the | ||
hearing. | ||
Sec. 65.058. SERVICE OF SUMMONS. (a) If a person to be | ||
served with a summons is in this state and can be found, the summons | ||
shall be served on the person personally or by registered or | ||
certified mail, return receipt requested, at least five days before | ||
the date of the adjudication hearing. | ||
(b) Service of the summons may be made by any suitable | ||
person under the direction of the court. | ||
Sec. 65.059. REPRESENTATION BY ATTORNEY. (a) A child may be | ||
represented by an attorney in a case under this chapter. | ||
Representation by an attorney is not required. | ||
(b) A child is not entitled to have an attorney appointed to | ||
represent the child, but the court may appoint an attorney if the | ||
court determines it is in the best interest of the child. | ||
(c) The court may order a child's parent or other | ||
responsible person to pay for the cost of an attorney appointed | ||
under this section if the court determines that the person has | ||
sufficient financial resources. | ||
Sec. 65.060. CHILD'S ANSWER. After the petition has been | ||
filed, the child may answer, orally or in writing, the petition at | ||
or before the commencement of the hearing. If the child does not | ||
answer, a general denial of the alleged truant conduct is assumed. | ||
Sec. 65.061. GUARDIAN AD LITEM. (a) If a child appears | ||
before the truancy court without a parent or guardian, or it appears | ||
to the court that the child's parent or guardian is incapable or | ||
unwilling to make decisions in the best interest of the child with | ||
respect to proceedings under this chapter, the court may appoint a | ||
guardian ad litem to protect the interests of the child in the | ||
proceedings. | ||
(b) An attorney for a child may also be the child's guardian | ||
ad litem. A law enforcement officer, probation officer, or other | ||
employee of the truancy court may not be appointed as a guardian ad | ||
litem. | ||
(c) The court may order a child's parent or other person | ||
responsible to support the child to reimburse the county or | ||
municipality for the cost of the guardian ad litem. The court may | ||
issue the order only after determining that the parent or other | ||
responsible person has sufficient financial resources to offset the | ||
cost of the child's guardian ad litem wholly or partly. | ||
Sec. 65.062. ATTENDANCE AT HEARING. (a) The child must be | ||
personally present at the adjudication hearing. The truancy court | ||
may not proceed with the adjudication hearing in the absence of the | ||
child. | ||
(b) A parent or guardian of a child and any court-appointed | ||
guardian ad litem of a child is required to attend the adjudication | ||
hearing. | ||
(c) Subsection (b) does not apply to: | ||
(1) a person for whom, for good cause shown, the court | ||
excuses attendance; | ||
(2) a person who is not a resident of this state; or | ||
(3) a parent of a child for whom a managing conservator | ||
has been appointed and the parent is not a conservator of the child. | ||
Sec. 65.063. RIGHT TO REEMPLOYMENT. (a) An employer may | ||
not terminate the employment of a permanent employee because the | ||
employee is required under Section 65.062(b) to attend a hearing. | ||
(b) Notwithstanding any other law, an employee whose | ||
employment is terminated in violation of this section is entitled | ||
to return to the same employment that the employee held when | ||
notified of the hearing if the employee, as soon as practical after | ||
the hearing, gives the employer actual notice that the employee | ||
intends to return. | ||
(c) A person who is injured because of a violation of this | ||
section is entitled to: | ||
(1) reinstatement to the person's former position; | ||
(2) damages not to exceed an amount equal to six times | ||
the amount of monthly compensation received by the person on the | ||
date of the hearing; and | ||
(3) reasonable attorney's fees in an amount approved | ||
by the court. | ||
(d) It is a defense to an action brought under this section | ||
that the employer's circumstances changed while the employee | ||
attended the hearing and caused reemployment to be impossible or | ||
unreasonable. To establish a defense under this subsection, an | ||
employer must prove that the termination of employment was because | ||
of circumstances other than the employee's attendance at the | ||
hearing. | ||
Sec. 65.064. SUBPOENA OF WITNESS. A witness may be | ||
subpoenaed in accordance with the procedures for the subpoena of a | ||
witness under the Code of Criminal Procedure. | ||
Sec. 65.065. CHILD ALLEGED TO BE MENTALLY ILL. (a) A party | ||
may make a motion requesting that a petition alleging a child to | ||
have engaged in truant conduct be dismissed because the child has a | ||
mental illness, as defined by Section 571.003, Health and Safety | ||
Code. In response to the motion, the truancy court shall | ||
temporarily stay the proceedings to determine whether probable | ||
cause exists to believe the child has a mental illness. In making a | ||
determination, the court may: | ||
(1) consider the motion, supporting documents, | ||
professional statements of counsel, and witness testimony; and | ||
(2) observe the child. | ||
(b) If the court determines that probable cause exists to | ||
believe that the child has a mental illness, the court shall dismiss | ||
the petition. If the court determines that evidence does not exist | ||
to support a finding that the child has a mental illness, the court | ||
shall dissolve the stay and continue with the truancy court | ||
proceedings. | ||
SUBCHAPTER C. ADJUDICATION HEARING AND REMEDIES | ||
Sec. 65.101. ADJUDICATION HEARING; JUDGMENT. (a) A child | ||
may be found to have engaged in truant conduct only after an | ||
adjudication hearing conducted in accordance with the provisions of | ||
this chapter. | ||
(b) At the beginning of the adjudication hearing, the judge | ||
of the truancy court shall explain to the child and the child's | ||
parent, guardian, or guardian ad litem: | ||
(1) the allegations made against the child; | ||
(2) the nature and possible consequences of the | ||
proceedings; | ||
(3) the child's privilege against self-incrimination; | ||
(4) the child's right to trial and to confrontation of | ||
witnesses; | ||
(5) the child's right to representation by an attorney | ||
if the child is not already represented; and | ||
(6) the child's right to a jury trial. | ||
(c) Trial is by jury unless jury is waived in accordance | ||
with Section 65.008. Jury verdicts under this chapter must be | ||
unanimous. | ||
(d) The Texas Rules of Evidence do not apply in a truancy | ||
proceeding under this chapter except: | ||
(1) when the judge hearing the case determines that a | ||
particular rule of evidence applicable to criminal cases must be | ||
followed to ensure that the proceedings are fair to all parties; or | ||
(2) as otherwise provided by this chapter. | ||
(e) A child alleged to have engaged in truant conduct need | ||
not be a witness against nor otherwise incriminate himself or | ||
herself. An extrajudicial statement of the child that was obtained | ||
in violation of the constitution of this state or the United States | ||
may not be used in an adjudication hearing. A statement made by the | ||
child out of court is insufficient to support a finding of truant | ||
conduct unless it is corroborated wholly or partly by other | ||
evidence. | ||
(f) At the conclusion of the adjudication hearing, the court | ||
or jury shall find whether the child has engaged in truant conduct. | ||
The finding must be based on competent evidence admitted at the | ||
hearing. The child shall be presumed to have not engaged in truant | ||
conduct and no finding that a child has engaged in truant conduct | ||
may be returned unless the state has proved the conduct beyond a | ||
reasonable doubt. In all jury cases the jury will be instructed | ||
that the burden is on the state to prove that a child has engaged in | ||
truant conduct beyond a reasonable doubt. | ||
(g) If the court or jury finds that the child did not engage | ||
in truant conduct, the court shall dismiss the case with prejudice. | ||
(h) If the court or jury finds that the child did engage in | ||
truant conduct, the court shall proceed to issue a judgment finding | ||
the child has engaged in truant conduct and order the remedies the | ||
court finds appropriate under Section 65.103. The jury is not | ||
involved in ordering remedies for a child who has been adjudicated | ||
as having engaged in truant conduct. | ||
Sec. 65.102. REMEDIAL ACTIONS. (a) The truancy court | ||
shall determine and order appropriate remedial actions in regard to | ||
a child who has been found to have engaged in truant conduct. | ||
(b) The truancy court shall orally pronounce the court's | ||
remedial actions in the child's presence and enter those actions in | ||
a written order. | ||
(c) After pronouncing the court's remedial actions, the | ||
court shall advise the child and the child's parent, guardian, or | ||
guardian ad litem of: | ||
(1) the child's right to appeal, as detailed in | ||
Subchapter D; and | ||
(2) the procedures for the sealing of the child's | ||
records under Section 65.201. | ||
Sec. 65.103. REMEDIAL ORDER. (a) A truancy court may | ||
enter a remedial order requiring a child who has been found to have | ||
engaged in truant conduct to: | ||
(1) attend school without unexcused absences; | ||
(2) attend a preparatory class for the high school | ||
equivalency examination administered under Section 7.111, | ||
Education Code, if the court determines that the individual is | ||
unlikely to do well in a formal classroom environment due to the | ||
individual's age; | ||
(3) if the child is at least 16 years of age, take the | ||
high school equivalency examination administered under Section | ||
7.111, Education Code, if that is in the best interest of the child; | ||
(4) attend a nonprofit, community-based special | ||
program that the court determines to be in the best interest of the | ||
child, including: | ||
(A) an alcohol and drug abuse program; | ||
(B) a rehabilitation program; | ||
(C) a counseling program, including a | ||
self-improvement program; | ||
(D) a program that provides training in | ||
self-esteem and leadership; | ||
(E) a work and job skills training program; | ||
(F) a program that provides training in | ||
parenting, including parental responsibility; | ||
(G) a program that provides training in manners; | ||
(H) a program that provides training in violence | ||
avoidance; | ||
(I) a program that provides sensitivity | ||
training; and | ||
(J) a program that provides training in advocacy | ||
and mentoring; | ||
(5) complete not more than 50 hours of community | ||
service on a project acceptable to the court; and | ||
(6) participate for a specified number of hours in a | ||
tutorial program covering the academic subjects in which the child | ||
is enrolled that are provided by the school the child attends. | ||
(b) A truancy court may not order a child who has been found | ||
to have engaged in truant conduct to: | ||
(1) attend a juvenile justice alternative education | ||
program, a boot camp, or a for-profit truancy class; or | ||
(2) perform more than 16 hours of community service | ||
per week under this section. | ||
(c) In addition to any other order authorized by this | ||
section, a truancy court may order the Department of Public Safety | ||
to suspend the driver's license or permit of a child who has been | ||
found to have engaged in truant conduct. If the child does not have | ||
a driver's license or permit, the court may order the Department of | ||
Public Safety to deny the issuance of a license or permit to the | ||
child. The period of the license or permit suspension or the order | ||
that the issuance of a license or permit be denied may not extend | ||
beyond the maximum time period that a remedial order is effective as | ||
provided by Section 65.104. | ||
Sec. 65.104. MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A | ||
truancy court's remedial order under Section 65.103 is effective | ||
until the later of: | ||
(1) the date specified by the court in the order, which | ||
may not be later than the 180th day after the date the order is | ||
entered; or | ||
(2) the last day of the school year in which the order | ||
was entered. | ||
Sec. 65.105. ORDERS AFFECTING PARENTS AND OTHERS. (a) If | ||
a child has been found to have engaged in truant conduct, the | ||
truancy court may: | ||
(1) order the child and the child's parent to attend a | ||
class for students at risk of dropping out of school that is | ||
designed for both the child and the child's parent; | ||
(2) order any person found by the court to have, by a | ||
wilful act or omission, contributed to, caused, or encouraged the | ||
child's truant conduct to do any act that the court determines to be | ||
reasonable and necessary for the welfare of the child or to refrain | ||
from doing any act that the court determines to be injurious to the | ||
child's welfare; | ||
(3) enjoin all contact between the child and a person | ||
who is found to be a contributing cause of the child's truant | ||
conduct, unless that person is related to the child within the third | ||
degree by consanguinity or affinity, in which case the court may | ||
contact the Department of Family and Protective Services, if | ||
necessary; | ||
(4) after notice to, and a hearing with, all persons | ||
affected, order any person living in the same household with the | ||
child to participate in social or psychological counseling to | ||
assist in the child's rehabilitation; | ||
(5) order the child's parent or other person | ||
responsible for the child's support to pay all or part of the | ||
reasonable costs of treatment programs in which the child is | ||
ordered to participate if the court finds the child's parent or | ||
person responsible for the child's support is able to pay the costs; | ||
(6) order the child's parent to attend a program for | ||
parents of students with unexcused absences that provides | ||
instruction designed to assist those parents in identifying | ||
problems that contribute to the child's unexcused absences and in | ||
developing strategies for resolving those problems; and | ||
(7) order the child's parent to perform not more than | ||
50 hours of community service with the child. | ||
(b) A person subject to an order proposed under Subsection | ||
(a) is entitled to a hearing before the order is entered by the | ||
court. | ||
(c) On a finding by the court that a child's parents have | ||
made a reasonable good faith effort to prevent the child from | ||
engaging in truant conduct and that, despite the parents' efforts, | ||
the child continues to engage in truant conduct, the court shall | ||
waive any requirement for community service that may be imposed on a | ||
parent under this section. | ||
Sec. 65.106. LIABILITY FOR CLAIMS ARISING FROM COMMUNITY | ||
SERVICE. (a) A municipality or county that establishes a program | ||
to assist children and their parents in rendering community service | ||
under this subchapter may purchase an insurance policy protecting | ||
the municipality or county against a claim brought by a person other | ||
than the child or the child's parent for a cause of action that | ||
arises from an act of the child or parent while rendering the | ||
community service. The municipality or county is not liable for the | ||
claim to the extent that damages are recoverable under a contract of | ||
insurance or under a plan of self-insurance authorized by statute. | ||
(b) The liability of the municipality or county for a claim | ||
that arises from an action of the child or the child's parent while | ||
rendering community service may not exceed $100,000 to a single | ||
person and $300,000 for a single occurrence in the case of personal | ||
injury or death, and $10,000 for a single occurrence of property | ||
damage. Liability may not extend to punitive or exemplary damages. | ||
(c) This section does not waive a defense, immunity, or | ||
jurisdictional bar available to the municipality or county or its | ||
officers or employees, nor shall this section be construed to | ||
waive, repeal, or modify any provision of Chapter 101, Civil | ||
Practice and Remedies Code. | ||
Sec. 65.107. COURT COST. (a) If a child is found to have | ||
engaged in truant conduct, the truancy court, after giving the | ||
child, parent, or other person responsible for the child's support | ||
a reasonable opportunity to be heard, shall order the child, | ||
parent, or other person, if financially able to do so, to pay a | ||
court cost of $50 to the clerk of the court. | ||
(b) The court's order to pay the $50 court cost is not | ||
effective unless the order is reduced to writing and signed by the | ||
judge. The written order to pay the court cost may be part of the | ||
court's order detailing the remedial actions in the case. | ||
(c) The clerk of the court shall keep a record of the court | ||
costs collected under this section and shall forward the funds to | ||
the county treasurer, municipal treasurer, or person fulfilling the | ||
role of a county treasurer or municipal treasurer, as appropriate. | ||
(d) The court costs collected under this section shall be | ||
deposited in a special account that can be used only to offset the | ||
cost of the operations of the truancy court. | ||
Sec. 65.108. HEARING TO MODIFY REMEDY. (a) A truancy | ||
court may hold a hearing to modify any remedy imposed by the court. | ||
A remedy may only be modified during the period the order is | ||
effective under Section 65.104. | ||
(b) There is no right to a jury at a hearing under this | ||
section. | ||
(c) A hearing to modify a remedy imposed by the court shall | ||
be held on the petition of the state, the court, or the child and the | ||
child's parent, guardian, guardian ad litem, or attorney. | ||
Reasonable notice of a hearing to modify disposition shall be given | ||
to all parties. | ||
(d) Notwithstanding any other law, in considering a motion | ||
to modify a remedy imposed by the court, the truancy court may | ||
consider a written report from a school district official or | ||
employee, juvenile case manager, or professional consultant in | ||
addition to the testimony of witnesses. The court shall provide the | ||
attorney for the child and the prosecuting attorney with access to | ||
all written matters to be considered by the court. The court may | ||
order counsel not to reveal items to the child or to the child's | ||
parent, guardian, or guardian ad litem if the disclosure would | ||
materially harm the treatment and rehabilitation of the child or | ||
would substantially decrease the likelihood of receiving | ||
information from the same or similar sources in the future. | ||
(e) The truancy court shall pronounce in court, in the | ||
presence of the child, the court's changes to the remedy, if any. | ||
The court shall specifically state the new remedy and the court's | ||
reasons for modifying the remedy in a written order. The court | ||
shall furnish a copy of the order to the child. | ||
Sec. 65.109. MOTION FOR NEW TRIAL. The order of a truancy | ||
court may be challenged by filing a motion for new trial. Rules | ||
505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion | ||
for new trial. | ||
SUBCHAPTER D. APPEAL | ||
Sec. 65.151. RIGHT TO APPEAL. (a) The child, the child's | ||
parent or guardian, or the state may appeal any order of a truancy | ||
court. A person subject to an order entered under Section 65.105 | ||
may appeal that order. | ||
(b) An appeal from a truancy court shall be to a juvenile | ||
court. The case must be tried de novo in the juvenile court. This | ||
chapter applies to the de novo trial in the juvenile court. On | ||
appeal, the judgment of the truancy court is vacated. | ||
(c) A judgment of a juvenile court in a trial conducted | ||
under Subsection (b) may be appealed in the same manner as an appeal | ||
under Chapter 56. | ||
Sec. 65.152. GOVERNING LAW. Rule 506, Texas Rules of Civil | ||
Procedure, applies to the appeal of an order of a truancy court to a | ||
juvenile court in the same manner as the rule applies to an appeal | ||
of a judgment of a justice court to a county court, except an appeal | ||
bond is not required. | ||
Sec. 65.153. COUNSEL ON APPEAL. (a) A child may be | ||
represented by counsel on appeal. | ||
(b) If the child and the child's parent, guardian, or | ||
guardian ad litem request an appeal, the attorney who represented | ||
the child before the truancy court, if any, shall file a notice of | ||
appeal with the court that will hear the appeal and inform that | ||
court whether that attorney will handle the appeal. | ||
(c) An appeal serves to vacate the order of the truancy | ||
court. | ||
SUBCHAPTER E. RECORDS | ||
Sec. 65.201. SEALING OF RECORDS. (a) A child who has been | ||
found to have engaged in truant conduct may apply, on or after the | ||
child's 18th birthday, to the truancy court that made the finding to | ||
seal the records relating to the allegation and finding of truant | ||
conduct held by: | ||
(1) the court; | ||
(2) the truant conduct prosecutor; and | ||
(3) the school district. | ||
(b) The application must include the following information | ||
or an explanation of why one or more of the following is not | ||
included: | ||
(1) the child's: | ||
(A) full name; | ||
(B) sex; | ||
(C) race or ethnicity; | ||
(D) date of birth; | ||
(E) driver's license or identification card | ||
number; and | ||
(F) social security number; | ||
(2) the dates on which the truant conduct was alleged | ||
to have occurred; and | ||
(3) if known, the cause number assigned to the | ||
petition and the court and county in which the petition was filed. | ||
(c) The truancy court shall order that the records be sealed | ||
after determining the child complied with the remedies ordered by | ||
the court in the case. | ||
(d) All index references to the records of the truancy court | ||
that are ordered sealed shall be deleted not later than the 30th day | ||
after the date of the sealing order. | ||
(e) A truancy court, clerk of the court, truant conduct | ||
prosecutor, or school district shall reply to a request for | ||
information concerning a child's sealed truant conduct case that no | ||
record exists with respect to the child. | ||
(f) Inspection of the sealed records may be permitted by an | ||
order of the truancy court on the petition of the person who is the | ||
subject of the records and only by those persons named in the order. | ||
(g) A person whose records have been sealed under this | ||
section is not required in any proceeding or in any application for | ||
employment, information, or licensing to state that the person has | ||
been the subject of a proceeding under this chapter. Any statement | ||
that the person has never been found to have engaged in truant | ||
conduct may not be held against the person in any criminal or civil | ||
proceeding. | ||
(h) On or after the fifth anniversary of a child's 16th | ||
birthday, on the motion of the child or on the truancy court's own | ||
motion, the truancy court may order the destruction of the child's | ||
records that have been sealed under this section if the child has | ||
not been convicted of a felony. | ||
Sec. 65.202. CONFIDENTIALITY OF RECORDS. Records and files | ||
created under this chapter may be disclosed only to: | ||
(1) the judge of the truancy court, the truant conduct | ||
prosecutor, and the staff of the judge and prosecutor; | ||
(2) the child or an attorney for the child; | ||
(3) a governmental agency if the disclosure is | ||
required or authorized by law; | ||
(4) a person or entity to whom the child is referred | ||
for treatment or services if the agency or institution disclosing | ||
the information has entered into a written confidentiality | ||
agreement with the person or entity regarding the protection of the | ||
disclosed information; | ||
(5) the Texas Department of Criminal Justice and the | ||
Texas Juvenile Justice Department for the purpose of maintaining | ||
statistical records of recidivism and for diagnosis and | ||
classification; | ||
(6) the agency; or | ||
(7) with leave of the truancy court, any other person, | ||
agency, or institution having a legitimate interest in the | ||
proceeding or in the work of the court. | ||
Sec. 65.203. DESTRUCTION OF CERTAIN RECORDS. A truancy | ||
court shall order the destruction of records relating to | ||
allegations of truant conduct that are held by the court or by the | ||
prosecutor if a prosecutor decides not to file a petition for an | ||
adjudication of truant conduct after a review of the referral under | ||
Section 65.053. | ||
SUBCHAPTER F. ENFORCEMENT OF ORDERS | ||
Sec. 65.251. FAILURE TO OBEY TRUANCY COURT ORDER; CHILD IN | ||
CONTEMPT OF COURT. (a) If a child fails to obey an order issued by | ||
a truancy court under Section 65.103(a) or a child is in direct | ||
contempt of court, the truancy court, after providing notice and an | ||
opportunity for a hearing, may hold the child in contempt of court | ||
and order either or both of the following: | ||
(1) that the child pay a fine not to exceed $100; or | ||
(2) that the Department of Public Safety suspend the | ||
child's driver's license or permit or, if the child does not have a | ||
license or permit, order that the Department of Public Safety deny | ||
the issuance of a license or permit to the child until the child | ||
fully complies with the court's orders. | ||
(b) If a child fails to obey an order issued by a truancy | ||
court under Section 65.103(a) or a child is in direct contempt of | ||
court and the child has failed to obey an order or has been found in | ||
direct contempt of court on two or more previous occasions, the | ||
truancy court, after providing notice and an opportunity for a | ||
hearing, may refer the child to the juvenile probation department | ||
as a request for truancy intervention, unless the child failed to | ||
obey the truancy court order or was in direct contempt of court | ||
while 17 years of age or older. | ||
(c) On referral of the child to the juvenile probation | ||
department, the truancy court shall provide to the juvenile | ||
probation department: | ||
(1) documentation of all truancy prevention measures | ||
taken by the originating school district; | ||
(2) documentation of all truancy orders for each of | ||
the child's previous truancy referrals, including: | ||
(A) court remedies and documentation of the | ||
child's failure to comply with the truancy court's orders, if | ||
applicable, demonstrating all interventions that were exhausted by | ||
the truancy court; and | ||
(B) documentation describing the child's direct | ||
contempt of court, if applicable; | ||
(3) the name, birth date, and last known address of the | ||
child and the school in which the child is enrolled; and | ||
(4) the name and last known address of the child's | ||
parent or guardian. | ||
(d) The juvenile probation department may, on review of | ||
information provided under Subsection (c): | ||
(1) offer further remedies related to the local plan | ||
for truancy intervention strategies adopted under Section 25.0916, | ||
Education Code; or | ||
(2) refer the child to a juvenile court for a hearing | ||
to be conducted under Section 65.252. | ||
(e) A truancy court may not order the confinement of a child | ||
for the child's failure to obey an order of the court issued under | ||
Section 65.103(a). | ||
Sec. 65.252. PROCEEDINGS IN JUVENILE COURT. (a) After a | ||
referral by the local juvenile probation department, the juvenile | ||
court prosecutor shall determine if probable cause exists to | ||
believe that the child engaged in direct contempt of court or failed | ||
to obey an order of the truancy court under circumstances that would | ||
constitute contempt of court. On a finding that probable cause | ||
exists, the prosecutor shall determine whether to request an | ||
adjudication. Not later than the 20th day after the date the | ||
juvenile court receives a request for adjudication from the | ||
prosecutor, the juvenile court shall conduct a hearing to determine | ||
if the child engaged in conduct that constitutes contempt of the | ||
order issued by the truancy court or engaged in direct contempt of | ||
court. | ||
(b) If the juvenile court finds that the child engaged in | ||
conduct that constitutes contempt of the order issued by the | ||
truancy court or direct contempt of court, the juvenile court | ||
shall: | ||
(1) enter an order requiring the child to comply with | ||
the truancy court's order; | ||
(2) forward a copy of the order to the truancy court | ||
within five days; and | ||
(3) admonish the child, orally and in writing, of the | ||
consequences of subsequent referrals to the juvenile court, | ||
including: | ||
(A) a possible charge of delinquent conduct for | ||
contempt of the truancy court's order or direct contempt of court; | ||
and | ||
(B) a possible detention hearing. | ||
(c) If the juvenile court prosecutor finds that probable | ||
cause does not exist to believe that the child engaged in direct | ||
contempt or in conduct that constitutes contempt of the order | ||
issued by the truancy court, or if the juvenile probation | ||
department finds that extenuating circumstances caused the | ||
original truancy referral, the juvenile court shall enter an order | ||
requiring the child's continued compliance with the truancy court's | ||
order and notify the truancy court not later than the fifth day | ||
after the date the order is entered. | ||
(d) This section does not limit the discretion of a juvenile | ||
prosecutor or juvenile court to prosecute a child for conduct under | ||
Section 51.03. | ||
Sec. 65.253. PARENT OR OTHER PERSON IN CONTEMPT OF COURT. | ||
(a) A truancy court may enforce the following orders by contempt: | ||
(1) an order that a parent of a child, guardian of a | ||
child, or any court-appointed guardian ad litem of a child attend an | ||
adjudication hearing under Section 65.062(b); | ||
(2) an order requiring a person other than a child to | ||
take a particular action under Section 65.105(a); | ||
(3) an order that a child's parent, or other person | ||
responsible to support the child, reimburse the municipality or | ||
county for the cost of the guardian ad litem appointed for the child | ||
under Section 65.061(c); and | ||
(4) an order that a parent, or person other than the | ||
child, pay the $50 court cost under Section 65.107. | ||
(b) A truancy court may find a parent or person other than | ||
the child in direct contempt of the court. | ||
(c) The penalty for a finding of contempt under Subsection | ||
(a) or (b) is a fine in an amount not to exceed $100. | ||
(d) In addition to the assessment of a fine under Subsection | ||
(c), direct contempt of the truancy court by a parent or person | ||
other than the child is punishable by: | ||
(1) confinement in jail for a maximum of three days; | ||
(2) a maximum of 40 hours of community service; or | ||
(3) both confinement and community service. | ||
Sec. 65.254. WRIT OF ATTACHMENT. A truancy court may issue | ||
a writ of attachment for a person who violates an order entered | ||
under Section 65.057(c). The writ of attachment is executed in the | ||
same manner as in a criminal proceeding as provided by Chapter 24, | ||
Code of Criminal Procedure. | ||
Sec. 65.255. ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR | ||
OTHER ELIGIBLE PERSON. (a) The truancy court shall: | ||
(1) provide notice to a person who is the subject of a | ||
proposed truancy court order under Section 65.253; and | ||
(2) provide a sufficient opportunity for the person to | ||
be heard regarding the proposed order. | ||
(b) A truancy court order under Section 65.253 must be in | ||
writing and a copy promptly furnished to the parent or other | ||
eligible person. | ||
(c) The truancy court may require the parent or other | ||
eligible person to provide suitable identification to be included | ||
in the court's file. Suitable identification includes | ||
fingerprints, a driver's license number, a social security number, | ||
or similar indicia of identity. | ||
Sec. 65.256. APPEAL. (a) The parent or other eligible | ||
person against whom a final truancy court order has been entered | ||
under Section 65.253 may appeal as provided by law from judgments | ||
entered by a justice court in civil cases. | ||
(b) Rule 506, Texas Rules of Civil Procedure, applies to an | ||
appeal under this section, except an appeal bond is not required. | ||
(c) The pendency of an appeal initiated under this section | ||
does not abate or otherwise affect the proceedings in the truancy | ||
court involving the child. | ||
Sec. 65.257. MOTION FOR ENFORCEMENT. (a) The state may | ||
initiate enforcement of a truancy court order under Section 65.253 | ||
against a parent or person other than the child by filing a written | ||
motion. In ordinary and concise language, the motion must: | ||
(1) identify the provision of the order allegedly | ||
violated and sought to be enforced; | ||
(2) state specifically and factually the manner of the | ||
person's alleged noncompliance; | ||
(3) state the relief requested; and | ||
(4) contain the signature of the party filing the | ||
motion. | ||
(b) The state must allege the particular violation by the | ||
person of the truancy court order that the state had a reasonable | ||
basis for believing the person was violating when the motion was | ||
filed. | ||
(c) The truancy court may also initiate enforcement of an | ||
order under this section on its own motion. | ||
Sec. 65.258. NOTICE AND APPEARANCE. (a) On the filing of a | ||
motion for enforcement, the truancy court shall by written notice | ||
set the date, time, and place of the hearing and order the person | ||
against whom enforcement is sought to appear and respond to the | ||
motion. | ||
(b) The notice must be given by personal service or by | ||
certified mail, return receipt requested, on or before the 10th day | ||
before the date of the hearing on the motion. The notice must | ||
include a copy of the motion for enforcement. Personal service must | ||
comply with the Code of Criminal Procedure. | ||
(c) If a person moves to strike or specially excepts to the | ||
motion for enforcement, the truancy court shall rule on the | ||
exception or motion to strike before the court hears evidence on the | ||
motion for enforcement. If an exception is sustained, the court | ||
shall give the movant an opportunity to replead and continue the | ||
hearing to a designated date and time without the requirement of | ||
additional service. | ||
(d) If a person who has been personally served with notice | ||
to appear at the hearing does not appear, the truancy court may not | ||
hold the person in contempt, but may issue a warrant for the arrest | ||
of the person. | ||
Sec. 65.259. CONDUCT OF ENFORCEMENT HEARING. (a) The | ||
movant must prove beyond a reasonable doubt that the person against | ||
whom enforcement is sought engaged in conduct constituting contempt | ||
of a reasonable and lawful court order as alleged in the motion for | ||
enforcement. | ||
(b) The person against whom enforcement is sought has a | ||
privilege not to be called as a witness or otherwise to incriminate | ||
himself or herself. | ||
(c) The truancy court shall conduct the enforcement hearing | ||
without a jury. | ||
(d) The truancy court shall include in the court's judgment: | ||
(1) findings for each violation alleged in the motion | ||
for enforcement; and | ||
(2) the punishment, if any, to be imposed. | ||
(e) If the person against whom enforcement is sought was not | ||
represented by counsel during any previous court proceeding | ||
involving a motion for enforcement, the person may, through | ||
counsel, raise any defense or affirmative defense to the proceeding | ||
that could have been asserted in the previous court proceeding that | ||
was not asserted because the person was not represented by counsel. | ||
(f) It is an affirmative defense to enforcement of a truancy | ||
court order under Section 65.253 that the court did not provide the | ||
parent or other eligible person with due process of law in the | ||
proceeding in which the court entered the order. | ||
SECTION 28. Section 264.304(c), Family Code, is amended to | ||
read as follows: | ||
(c) The court shall determine that the child is an at-risk | ||
child if the court finds that the child has engaged in the following | ||
conduct: | ||
(1) conduct, other than a traffic offense and except | ||
as provided by Subsection (d), that violates: | ||
(A) the penal laws of this state; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the unexcused voluntary absence of the child on 10 | ||
or more days or parts of days within a six-month period [ |
||
|
||
without the consent of the child's parent, managing conservator, or | ||
guardian; | ||
(3) the voluntary absence of the child from the child's | ||
home without the consent of the child's parent, managing | ||
conservator, or guardian for a substantial length of time or | ||
without intent to return; | ||
(4) conduct that violates the laws of this state | ||
prohibiting driving while intoxicated or under the influence of | ||
intoxicating liquor (first or second offense) or driving while | ||
under the influence of any narcotic drug or of any other drug to a | ||
degree that renders the child incapable of safely driving a vehicle | ||
(first or second offense); or | ||
(5) conduct that evidences a clear and substantial | ||
intent to engage in any behavior described by Subdivisions (1)-(4). | ||
SECTION 29. Section 26.045(d), Government Code, is amended | ||
to read as follows: | ||
(d) A county court in a county with a population of 1.75 | ||
million or more has original jurisdiction over cases alleging a | ||
violation of Section 25.093 [ |
||
alleging truant conduct under Section 65.003(a), Family Code. | ||
SECTION 30. Section 29.003(i), Government Code, is amended | ||
to read as follows: | ||
(i) A municipality may enter into an agreement with a | ||
contiguous municipality or a municipality with boundaries that are | ||
within one-half mile of the municipality seeking to enter into the | ||
agreement to establish concurrent jurisdiction of the municipal | ||
courts in the municipalities and provide original jurisdiction to a | ||
municipal court in which a case is brought as if the municipal court | ||
were located in the municipality in which the case arose, for: | ||
(1) all cases in which either municipality has | ||
jurisdiction under Subsection (a); and | ||
(2) cases that arise under Section 821.022, Health and | ||
Safety Code, or Section 65.003(a) [ |
||
Code. | ||
SECTION 31. Subtitle B, Title 2, Government Code, is | ||
amended by adding Chapter 36 to read as follows: | ||
CHAPTER 36. JUDICIAL DONATION TRUST FUNDS | ||
Sec. 36.001. ESTABLISHMENT OF TRUST FUNDS. (a) The | ||
governing body of a municipality or the commissioners court of a | ||
county may establish a judicial donation trust fund as a separate | ||
account held outside the municipal or county treasury to be used in | ||
accordance with this chapter. | ||
(b) The governing body of a municipality or the | ||
commissioners court of a county may accept a gift, grant, donation, | ||
or other consideration from a public or private source that is | ||
designated for the judicial donation trust fund. | ||
(c) Money received under Subsection (b) shall be deposited | ||
in the judicial donation trust fund and may only be disbursed in | ||
accordance with this chapter. | ||
(d) Interest and income from the assets of the judicial | ||
donation trust fund shall be credited to and deposited in the trust | ||
fund. | ||
Sec. 36.002. PROCEDURES AND ELIGIBILITY. The governing | ||
body of a municipality or the commissioners court of a county shall: | ||
(1) adopt the procedures necessary to receive and | ||
disburse money from the judicial donation trust fund under this | ||
chapter; and | ||
(2) establish eligibility requirements for | ||
disbursement of money under this chapter to assist needy children | ||
or families who appear before a county, justice, or municipal court | ||
for a criminal offense or truant conduct, as applicable, by | ||
providing money for resources and services that eliminate barriers | ||
to school attendance or that seek to prevent criminal behavior. | ||
Sec. 36.003. USE OF FUNDS IN ACCOUNT. (a) The judge of a | ||
county, justice, or municipal court, in accordance with Section | ||
36.002, may award money from a judicial donation trust fund | ||
established under Section 36.001 to eligible children or families | ||
who appear before the court for a truancy or curfew violation or in | ||
another misdemeanor offense proceeding before the court. | ||
(b) A judge of a county, justice, or municipal court may | ||
order the municipal or county treasurer to issue payment from the | ||
judicial donation trust fund for money awarded under this section. | ||
SECTION 32. Section 54.1172(a), Government Code, is amended | ||
to read as follows: | ||
(a) The county judge may appoint one or more part-time or | ||
full-time magistrates to hear a matter alleging a violation of | ||
Section 25.093 [ |
||
conduct under Section 65.003(a), Family Code. | ||
SECTION 33. Section 54.1952(a), Government Code, is amended | ||
to read as follows: | ||
(a) The county judge may appoint one or more part-time or | ||
full-time magistrates to hear a matter alleging a violation of | ||
Section 25.093 [ |
||
conduct under Section 65.003(a), Family Code, referred to the | ||
magistrate by a court having jurisdiction over the matter. | ||
SECTION 34. Section 54.1955, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.1955. POWERS. (a) Except as limited by an order of | ||
the county judge, a magistrate appointed under this subchapter may: | ||
(1) conduct hearings; | ||
(2) hear evidence; | ||
(3) issue summons for the appearance of witnesses; | ||
(4) examine witnesses; | ||
(5) swear witnesses for hearings; | ||
(6) recommend rulings or orders or a judgment in a | ||
case; | ||
(7) regulate proceedings in a hearing; | ||
(8) accept a plea of guilty or nolo contendere in a | ||
case alleging a violation of Section 25.093 [ |
||
Code, and assess a fine or court costs or order community service in | ||
satisfaction of a fine or costs in accordance with Article 45.049, | ||
Code of Criminal Procedure; | ||
(9) for a violation of Section 25.093, Education Code, | ||
enter an order suspending a sentence or deferring a final | ||
disposition that includes at least one of the requirements listed | ||
in Article 45.051, Code of Criminal Procedure; | ||
(10) for an uncontested adjudication of truant conduct | ||
under Section 65.003, Family Code, accept a plea to the petition or | ||
a stipulation of evidence, and take any other action authorized | ||
under Chapter 65, Family Code; and | ||
(11) perform any act and take any measure necessary | ||
and proper for the efficient performance of the duties required by | ||
the referral order, including the entry of an order that includes at | ||
least one of the remedial options [ |
||
Family Code [ |
||
[ |
||
|
||
|
||
|
||
(b) With respect to an issue of law or fact the ruling on | ||
which could result in the dismissal of a prosecution under Section | ||
25.093 [ |
||
under Section 65.003, Family Code, a magistrate may not rule on the | ||
issue but may make findings, conclusions, and recommendations on | ||
the issue. | ||
SECTION 35. Section 54.1956, Government Code, is amended to | ||
read as follows: | ||
Sec. 54.1956. NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED | ||
CONDUCT. (a) On entry of a not guilty plea for a violation of | ||
Section 25.093, Education Code, the magistrate shall refer the case | ||
back to the referring court for all further pretrial proceedings | ||
and a full trial on the merits before the court or a jury. | ||
(b) On denial by a child of truant conduct, as defined by | ||
Section 65.003(a), Family Code, the magistrate shall refer the case | ||
to the appropriate truancy court for adjudication. | ||
SECTION 36. Section 71.0352, Government Code, is amended to | ||
read as follows: | ||
Sec. 71.0352. JUVENILE DATA [ |
||
AND TRUANCY [ |
||
monthly report submitted to the Office of Court Administration of | ||
the Texas Judicial System: | ||
(1) a justice court, [ |
||
court [ |
||
|
||
(A) truant conduct under Section 65.003(a), | ||
Family Code [ |
||
|
||
(B) the offense of parent contributing to | ||
nonattendance under Section 25.093, Education Code; and | ||
(C) a violation of a local daytime curfew | ||
ordinance adopted under Section 341.905 or 351.903, Local | ||
Government Code; and | ||
(2) in cases in which a child fails to obey an order of | ||
a justice court, [ |
||
circumstances that would constitute contempt of court, the justice | ||
court, [ |
||
number of incidents in which the child is: | ||
(A) referred to the appropriate juvenile court | ||
for delinquent conduct as provided by Article 45.050(c)(1), Code of | ||
Criminal Procedure, or [ |
||
Code; or | ||
(B) held in contempt, fined, or denied driving | ||
privileges as provided by Article 45.050(c)(2), Code of Criminal | ||
Procedure, or Section 65.251, Family Code. | ||
SECTION 37. Section 102.021, Government Code, is amended to | ||
read as follows: | ||
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL | ||
PROCEDURE. A person convicted of an offense shall pay the following | ||
under the Code of Criminal Procedure, in addition to all other | ||
costs: | ||
(1) court cost on conviction of any offense, other | ||
than a conviction of an offense relating to a pedestrian or the | ||
parking of a motor vehicle (Art. 102.0045, Code of Criminal | ||
Procedure) . . . $4; | ||
(2) a fee for services of prosecutor (Art. 102.008, | ||
Code of Criminal Procedure) . . . $25; | ||
(3) fees for services of peace officer: | ||
(A) issuing a written notice to appear in court | ||
for certain violations (Art. 102.011, Code of Criminal Procedure) | ||
. . . $5; | ||
(B) executing or processing an issued arrest | ||
warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal | ||
Procedure) . . . $50; | ||
(C) summoning a witness (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(D) serving a writ not otherwise listed (Art. | ||
102.011, Code of Criminal Procedure) . . . $35; | ||
(E) taking and approving a bond and, if | ||
necessary, returning the bond to courthouse (Art. 102.011, Code of | ||
Criminal Procedure) . . . $10; | ||
(F) commitment or release (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(G) summoning a jury (Art. 102.011, Code of | ||
Criminal Procedure) . . . $5; | ||
(H) attendance of a prisoner in habeas corpus | ||
case if prisoner has been remanded to custody or held to bail (Art. | ||
102.011, Code of Criminal Procedure) . . . $8 each day; | ||
(I) mileage for certain services performed (Art. | ||
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and | ||
(J) services of a sheriff or constable who serves | ||
process and attends examining trial in certain cases (Art. 102.011, | ||
Code of Criminal Procedure) . . . not to exceed $5; | ||
(4) services of a peace officer in conveying a witness | ||
outside the county (Art. 102.011, Code of Criminal Procedure) . . . | ||
$10 per day or part of a day, plus actual necessary travel expenses; | ||
(5) overtime of peace officer for time spent | ||
testifying in the trial or traveling to or from testifying in the | ||
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; | ||
(6) court costs on an offense relating to rules of the | ||
road, when offense occurs within a school crossing zone (Art. | ||
102.014, Code of Criminal Procedure) . . . $25; | ||
(7) court costs on an offense of passing a school bus | ||
(Art. 102.014, Code of Criminal Procedure) . . . $25; | ||
(8) court costs on an offense of parent contributing | ||
to student nonattendance [ |
||
102.014, Code of Criminal Procedure) . . . $20; | ||
(9) cost for visual recording of intoxication arrest | ||
before conviction (Art. 102.018, Code of Criminal Procedure) . . . | ||
$15; | ||
(10) cost of certain evaluations (Art. 102.018, Code | ||
of Criminal Procedure) . . . actual cost; | ||
(11) additional costs attendant to certain | ||
intoxication convictions under Chapter 49, Penal Code, for | ||
emergency medical services, trauma facilities, and trauma care | ||
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; | ||
(12) additional costs attendant to certain child | ||
sexual assault and related convictions, for child abuse prevention | ||
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100; | ||
(13) court cost for DNA testing for certain felonies | ||
(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250; | ||
(14) court cost for DNA testing for the offense of | ||
public lewdness or indecent exposure (Art. 102.020(a)(2), Code of | ||
Criminal Procedure) . . . $50; | ||
(15) court cost for DNA testing for certain felonies | ||
(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34; | ||
(16) if required by the court, a restitution fee for | ||
costs incurred in collecting restitution installments and for the | ||
compensation to victims of crime fund (Art. 42.037, Code of | ||
Criminal Procedure) . . . $12; | ||
(17) if directed by the justice of the peace or | ||
municipal court judge hearing the case, court costs on conviction | ||
in a criminal action (Art. 45.041, Code of Criminal Procedure) | ||
. . . part or all of the costs as directed by the judge; and | ||
(18) costs attendant to convictions under Chapter 49, | ||
Penal Code, and under Chapter 481, Health and Safety Code, to help | ||
fund drug court programs established under Chapter 122, 123, 124, | ||
or 125, Government Code, or former law (Art. 102.0178, Code of | ||
Criminal Procedure) . . . $60. | ||
SECTION 38. Section 103.021, Government Code, is amended to | ||
read as follows: | ||
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR | ||
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, | ||
or a party to a civil suit, as applicable, shall pay the following | ||
fees and costs under the Code of Criminal Procedure if ordered by | ||
the court or otherwise required: | ||
(1) a personal bond fee (Art. 17.42, Code of Criminal | ||
Procedure) . . . the greater of $20 or three percent of the amount | ||
of the bail fixed for the accused; | ||
(2) cost of electronic monitoring as a condition of | ||
release on personal bond (Art. 17.43, Code of Criminal Procedure) | ||
. . . actual cost; | ||
(3) a fee for verification of and monitoring of motor | ||
vehicle ignition interlock (Art. 17.441, Code of Criminal | ||
Procedure) . . . not to exceed $10; | ||
(3-a) costs associated with operating a global | ||
positioning monitoring system as a condition of release on bond | ||
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, | ||
subject to a determination of indigency; | ||
(3-b) costs associated with providing a defendant's | ||
victim with an electronic receptor device as a condition of the | ||
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal | ||
Procedure) . . . actual costs, subject to a determination of | ||
indigency; | ||
(4) repayment of reward paid by a crime stoppers | ||
organization on conviction of a felony (Art. 37.073, Code of | ||
Criminal Procedure) . . . amount ordered; | ||
(5) reimbursement to general revenue fund for payments | ||
made to victim of an offense as condition of community supervision | ||
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for | ||
a misdemeanor offense or $100 for a felony offense; | ||
(6) payment to a crime stoppers organization as | ||
condition of community supervision (Art. 42.12, Code of Criminal | ||
Procedure) . . . not to exceed $50; | ||
(7) children's advocacy center fee (Art. 42.12, Code | ||
of Criminal Procedure) . . . not to exceed $50; | ||
(8) family violence center fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . $100; | ||
(9) community supervision fee (Art. 42.12, Code of | ||
Criminal Procedure) . . . not less than $25 or more than $60 per | ||
month; | ||
(10) additional community supervision fee for certain | ||
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per | ||
month; | ||
(11) for certain financially able sex offenders as a | ||
condition of community supervision, the costs of treatment, | ||
specialized supervision, or rehabilitation (Art. 42.12, Code of | ||
Criminal Procedure) . . . all or part of the reasonable and | ||
necessary costs of the treatment, supervision, or rehabilitation as | ||
determined by the judge; | ||
(12) fee for failure to appear for trial in a justice | ||
or municipal court if a jury trial is not waived (Art. 45.026, Code | ||
of Criminal Procedure) . . . costs incurred for impaneling the | ||
jury; | ||
(13) costs of certain testing, assessments, or | ||
programs during a deferral period (Art. 45.051, Code of Criminal | ||
Procedure) . . . amount ordered; | ||
(14) special expense on dismissal of certain | ||
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) | ||
. . . not to exceed amount of fine assessed; | ||
(15) an additional fee: | ||
(A) for a copy of the defendant's driving record | ||
to be requested from the Department of Public Safety by the judge | ||
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal | ||
to the sum of the fee established by Section 521.048, | ||
Transportation Code, and the state electronic Internet portal fee; | ||
(B) as an administrative fee for requesting a | ||
driving safety course or a course under the motorcycle operator | ||
training and safety program for certain traffic offenses to cover | ||
the cost of administering the article (Art. 45.0511(f)(1), Code of | ||
Criminal Procedure) . . . not to exceed $10; or | ||
(C) for requesting a driving safety course or a | ||
course under the motorcycle operator training and safety program | ||
before the final disposition of the case (Art. 45.0511(f)(2), Code | ||
of Criminal Procedure) . . . not to exceed the maximum amount of the | ||
fine for the offense committed by the defendant; | ||
(16) a request fee for teen court program (Art. | ||
45.052, Code of Criminal Procedure) . . . $20, if the court | ||
ordering the fee is located in the Texas-Louisiana border region, | ||
but otherwise not to exceed $10; | ||
(17) a fee to cover costs of required duties of teen | ||
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the | ||
court ordering the fee is located in the Texas-Louisiana border | ||
region, but otherwise $10; | ||
(18) a mileage fee for officer performing certain | ||
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per | ||
mile; | ||
(19) certified mailing of notice of hearing date (Art. | ||
102.006, Code of Criminal Procedure) . . . $1, plus postage; | ||
(20) certified mailing of certified copies of an order | ||
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | ||
plus postage; | ||
(20-a) a fee to defray the cost of notifying state | ||
agencies of orders of expungement (Art. 45.0216, Code of Criminal | ||
Procedure) . . . $30 per application; | ||
[ |
||
|
||
|
||
(21) sight orders: | ||
(A) if the face amount of the check or sight order | ||
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $10; | ||
(B) if the face amount of the check or sight order | ||
is greater than $10 but does not exceed $100 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $15; | ||
(C) if the face amount of the check or sight order | ||
is greater than $100 but does not exceed $300 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $30; | ||
(D) if the face amount of the check or sight order | ||
is greater than $300 but does not exceed $500 (Art. 102.007, Code of | ||
Criminal Procedure) . . . not to exceed $50; and | ||
(E) if the face amount of the check or sight order | ||
is greater than $500 (Art. 102.007, Code of Criminal Procedure) | ||
. . . not to exceed $75; | ||
(22) fees for a pretrial intervention program: | ||
(A) a supervision fee (Art. 102.012(a), Code of | ||
Criminal Procedure) . . . $60 a month plus expenses; and | ||
(B) a district attorney, criminal district | ||
attorney, or county attorney administrative fee (Art. 102.0121, | ||
Code of Criminal Procedure) . . . not to exceed $500; | ||
(23) parking fee violations for child safety fund in | ||
municipalities with populations: | ||
(A) greater than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not less than $2 and not to exceed $5; and | ||
(B) less than 850,000 (Art. 102.014, Code of | ||
Criminal Procedure) . . . not to exceed $5; | ||
(24) an administrative fee for collection of fines, | ||
fees, restitution, or other costs (Art. 102.072, Code of Criminal | ||
Procedure) . . . not to exceed $2 for each transaction; and | ||
(25) a collection fee, if authorized by the | ||
commissioners court of a county or the governing body of a | ||
municipality, for certain debts and accounts receivable, including | ||
unpaid fines, fees, court costs, forfeited bonds, and restitution | ||
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | ||
percent of an amount more than 60 days past due. | ||
SECTION 39. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.035 to read as follows: | ||
Sec. 103.035. ADDITIONAL COSTS IN TRUANCY CASES: FAMILY | ||
CODE. A party to a truancy case in a truancy court shall pay court | ||
costs of $50 under Section 65.107, Family Code, if ordered by the | ||
truancy court. | ||
SECTION 40. Section 81.032, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The | ||
commissioners court may accept a gift, grant, donation, bequest, or | ||
devise of money or other property on behalf of the county, including | ||
a donation under Chapter 36, Government Code, for the purpose of | ||
performing a function conferred by law on the county or a county | ||
officer. | ||
SECTION 41. The following laws are repealed: | ||
(1) Articles 45.054 and 45.055, Code of Criminal | ||
Procedure; | ||
(2) Sections 25.094 and 25.0916(d), Education Code; | ||
and | ||
(3) Sections 51.03(d), (e-1), and (g), 51.04(h), | ||
51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1), | ||
Family Code. | ||
SECTION 42. The changes in law made by this Act apply only | ||
to an offense committed or conduct that occurs on or after the | ||
effective date of this Act. An offense committed or conduct that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect on the date the offense was committed or the conduct | ||
occurred, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense is committed or | ||
conduct occurs before the effective date of this Act if any element | ||
of the offense or conduct occurs before that date. | ||
SECTION 43. To the extent of any conflict, this Act prevails | ||
over another Act of the 84th Legislature, Regular Session, 2015, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 44. This Act takes effect September 1, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2398 was passed by the House on May | ||
13, 2015, by the following vote: Yeas 140, Nays 0, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 2398 on May 27, 2015, and requested the appointment of a | ||
conference committee to consider the differences between the two | ||
houses; and that the House adopted the conference committee report | ||
on H.B. No. 2398 on May 30, 2015, by the following vote: Yeas 118, | ||
Nays 27, 2 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2398 was passed by the Senate, with | ||
amendments, on May 24, 2015, by the following vote: Yeas 27, Nays | ||
3; at the request of the House, the Senate appointed a conference | ||
committee to consider the differences between the two houses; and | ||
that the Senate adopted the conference committee report on H.B. No. | ||
2398 on May 30, 2015, by the following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |