Bill Text: TX HB734 | 2011-2012 | 82nd Legislature | Enrolled

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Bill Title: Relating to the jurisdiction of constitutional county courts over truancy cases and the appointment of magistrates to hear truancy cases in certain counties.

Sponsorship: Partisan Bill (Republican 3)

Status: (Passed) 2011-05-28 - Effective on 9/1/11 [HB734 Detail]

Download: Texas-2011-HB734-Enrolled.html

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H.B. No. 734

AN ACT
relating to the jurisdiction of constitutional county courts over
truancy cases and the appointment of magistrates to hear truancy
cases in certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.093(b), Education Code, is amended to
read as follows:
(b) The attendance officer or other appropriate school
official shall file a complaint against the parent in:
(1) the constitutional county court of the county in
which the parent resides or in which the school is located, if the
county has a population of 1.75 [two] million or more;
(2) a justice court of any precinct in the county in
which the parent resides or in which the school is located; or
(3) a municipal court of the municipality in which the
parent resides or in which the school is located.
SECTION 2. Section 25.094(b), Education Code, is amended to
read as follows:
(b) An offense under this section may be prosecuted in:
(1) the constitutional county court of the county in
which the individual resides or in which the school is located, if
the county has a population of 1.75 [two] million or more;
(2) a justice court of any precinct in the county in
which the individual resides or in which the school is located; or
(3) a municipal court in the municipality in which the
individual resides or in which the school is located.
SECTION 3. Section 54.021(a), Family Code, is amended to
read as follows:
(a) The juvenile court may waive its exclusive original
jurisdiction and transfer a child to the constitutional county
court, if the county has a population of 1.75 [two] million or more,
or to an appropriate justice or municipal court, with the
permission of the county, justice, or municipal court, for
disposition in the manner provided by Subsection (b) if the child is
alleged to have engaged in conduct described in Section
51.03(b)(2). A waiver of jurisdiction under this subsection may be
for an individual case or for all cases in which a child is alleged
to have engaged in conduct described in Section 51.03(b)(2). The
waiver of a juvenile court's exclusive original jurisdiction for
all cases in which a child is alleged to have engaged in conduct
described in Section 51.03(b)(2) is effective for a period of one
year.
SECTION 4. 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
[two] million or more has original jurisdiction over cases alleging
a violation of Section 25.093 or 25.094, Education Code.
SECTION 5. Section 54.1171, Government Code, is amended to
read as follows:
Sec. 54.1171. APPLICATION OF SUBCHAPTER. This subchapter
applies to a constitutional county court in a county with a
population of 1.75 [two] million or more.
SECTION 6. (a) The changes in law made by this Act to
Sections 25.093 and 25.094, Education Code, apply only to an
offense committed on or after the effective date of this Act. For
purposes of this subsection, an offense is committed before the
effective date of this Act if any element of the offense occurs
before that date. An offense committed before the effective date of
this Act is covered by the law in effect immediately before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(b) The change in law made by this Act to Section 54.021,
Family Code, applies only to conduct indicating a need for
supervision as described in Section 51.03(b)(2), Family Code,
engaged in by an individual on or after the effective date of this
Act. Conduct engaged in before the effective date of this Act is
covered by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
(c) The change in law made by this Act to Section 26.045,
Government Code, applies only to a violation of Section 25.093 or
25.094, Education Code, committed on or after the effective date of
this Act. A violation committed before the effective date of this
Act is covered by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 734 was passed by the House on April
7, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 734 was passed by the Senate on May
12, 2011, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor