82R4132 KKA-D
 
  By: Guillen H.B. No. 567
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing justice, municipal, and juvenile courts to
  obtain evidence that certain minors are in compliance with
  mandatory school attendance requirements and suspend driver's
  licenses or permits for failure to comply.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 45.057, Code of Criminal Procedure, is
  amended by amending Subsection (b) and adding Subsections (b-1),
  (b-2), and (b-3) to read as follows:
         (b)  Except as provided by Subsection (b-3), on [On] a
  finding by a justice or municipal court that a child committed an
  offense that the court has jurisdiction of under Article 4.11 or
  4.14, including a traffic offense, the court:
               (1)  may enter an order under Subsection (b-1); and
               (2)  has jurisdiction to enter an order:
                     (A) [(1)]  referring the child or the child's
  parent for services under Section 264.302, Family Code;
                     (B) [(2)]  requiring that the child attend a
  special program that the court determines to be in the best interest
  of the child and, if the program involves the expenditure of county
  funds, that is approved by the county commissioners court,
  including a rehabilitation, counseling, self-esteem and
  leadership, work and job skills training, job interviewing and work
  preparation, self-improvement, parenting, manners, violence
  avoidance, tutoring, sensitivity training, parental
  responsibility, community service, restitution, advocacy, or
  mentoring program; or
                     (C) [(3)]  requiring that the child's parent do
  any act or refrain from doing any act that the court determines will
  increase the likelihood that the child will comply with the orders
  of the court and that is reasonable and necessary for the welfare of
  the child, including:
                           (i) [(A)]  attend a parenting class or
  parental responsibility program; and
                           (ii) [(B)]  attend the child's school
  classes or functions.
         (b-1)  On a finding described by Subsection (b), the court
  may enter an order requiring the parent and child to provide the
  court, by not later than the fifth day after the date of the order,
  with evidence satisfactory to the court that the child is in
  compliance with the compulsory school attendance requirements
  prescribed by Section 25.085, Education Code, or is exempt from
  those requirements under Section 25.086, Education Code. If the
  court determines that the child is not in compliance with the
  compulsory school attendance requirements and is not exempt from
  those requirements, the court may:
               (1)  include in the judgment an order for the parent and
  child to comply with Section 25.085, Education Code, and provide
  evidence satisfactory to the court that the child is in compliance
  with that section; and
               (2)  if the child is at least 15 years of age, order the
  Department of Public Safety to suspend the child's driver's license
  or permit or, if the child does not have a license or permit, deny
  the issuance of a license or permit to the child for a period
  specified by the court not to exceed 365 days.
         (b-2)  For purposes of Subsection (b-1):
               (1)  a summary of a child's school attendance record
  during the preceding six-month period signed by the school
  principal may be provided as evidence of the child's compliance
  with compulsory school attendance requirements; and
               (2)  written documentation indicating the basis on
  which a child is exempt from compulsory school attendance
  requirements may be provided to establish that the child is exempt.
         (b-3)  Subsections (b)(1) and (b-1) do not apply to a child
  who commits an offense under Section 25.094, Education Code.
         SECTION 2.  Section 54.041, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) to read as
  follows:
         (a)  When a child has been found to have engaged in
  delinquent conduct or conduct indicating a need for supervision and
  the juvenile court has made a finding that the child is in need of
  rehabilitation or that the protection of the public or the child
  requires that disposition be made, the juvenile court, on notice by
  any reasonable method to all persons affected, may:
               (1)  order any person found by the juvenile court to
  have, by a wilful act or omission, contributed to, caused, or
  encouraged the child's delinquent conduct or conduct indicating a
  need for supervision to do any act that the juvenile court
  determines to be reasonable and necessary for the welfare of the
  child or to refrain from doing any act that the juvenile court
  determines to be injurious to the welfare of the child;
               (2)  enjoin all contact between the child and a person
  who is found to be a contributing cause of the child's delinquent
  conduct or conduct indicating a need for supervision;
               (3)  after notice and a hearing of 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
  rehabilitation of the child and to strengthen the child's family
  environment; [or]
               (4)  after notice and a hearing of all persons affected
  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 required to participate during the
  period of probation if the court finds the child's parent or person
  responsible for the child's support is able to pay the costs; or
               (5)  order the child and the child's parent to provide
  the court with evidence regarding the child's school attendance in
  the manner described by Article 45.057, Code of Criminal Procedure,
  and, if satisfactory evidence is not provided, order the Department
  of Public Safety, in accordance with Section 54.042(f), to suspend
  the child's driver's license or permit or deny the issuance of a
  license or permit to the child.
         (a-1)  Subsection (a)(5) does not apply in a case involving
  conduct described by Section 51.03(b)(2).
         SECTION 3.  Section 54.042(f), Family Code, is amended to
  read as follows:
         (f)  A juvenile court, in a disposition hearing under Section
  54.04, may order the Department of Public Safety to suspend a
  child's driver's license or permit or, if the child does not have a
  license or permit, to deny the issuance of a license or permit to
  the child for a period not to exceed 12 months if the court finds
  that the child has:
               (1)  engaged in conduct indicating a [in] need for [of]
  supervision or delinquent conduct other than the conduct described
  by Subsection (a); or
               (2)  failed to provide satisfactory evidence of school
  attendance if required under Section 54.041(a)(5).
         SECTION 4.  The changes in law made by this Act apply only to
  conduct that occurs on or after the effective date of this Act.
  Conduct violating the penal law of this state occurs on or after the
  effective date of this Act if any element of the violation occurs on
  or after that date. Conduct that occurs before the effective date
  of this Act is governed by the law in effect at the time the conduct
  occurred, and that law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2011.