S.B. No. 1489
 
 
 
 
AN ACT
  relating to educational, juvenile justice, and criminal justice
  responses to truancy.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (a), Section 25.094, Education Code,
  is amended to read as follows:
         (a)  An individual commits an offense if the individual:
               (1)  is 12 years of age or older and younger than 18
  years of age;
               (2)  is required to attend school under Section 25.085;
  and
               (3) [(2)]  fails to attend school on 10 or more days or
  parts of days within a six-month period in the same school year or
  on three or more days or parts of days within a four-week period.
         SECTION 2.  Section 51.03, Family Code, is amended by adding
  Subsection (e-1) to read as follows:
         (e-1)  Notwithstanding any other law, for purposes of
  conduct described by Subsection (b)(2), "child" means a person who
  is:
               (1)  10 years of age or older;
               (2)  alleged or found to have engaged in the conduct as
  a result of acts committed before becoming 18 years of age; and
               (3)  required to attend school under Section 25.085,
  Education Code.
         SECTION 3.  Subsections (a) and (b), Section 54.021, Family
  Code, are 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 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 12 years of age or
  older and 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.
         (b)  A county, justice, or municipal court may exercise
  jurisdiction over a person alleged to have engaged in conduct
  indicating a need for supervision by engaging in conduct described
  in Section 51.03(b)(2) in a case where:
               (1)  the person is 12 years of age or older;
               (2)  the juvenile court has waived its original
  jurisdiction under this section; and
               (3) [(2)]  a complaint is filed by the appropriate
  authority in the county, justice, or municipal court charging an
  offense under Section 25.094, Education Code.
         SECTION 4.  Chapter 54, Family Code, is amended by adding
  Section 54.0402 to read as follows:
         Sec. 54.0402.  DISPOSITIONAL ORDER FOR FAILURE TO ATTEND
  SCHOOL. A dispositional order regarding conduct under Section
  51.03(b)(2) is effective for the period specified by the court in
  the order but may not extend beyond the 180th day after the date of
  the order or beyond the end of the school year in which the order was
  entered, whichever period is longer.
         SECTION 5.  Section 54.05, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (a-1) to
  read as follows:
         (a)  Except as provided by Subsection (a-1), any [Any]
  disposition, except a commitment to the Texas Youth Commission, may
  be modified by the juvenile court as provided in this section until:
               (1)  the child reaches his 18th birthday; or
               (2)  the child is earlier discharged by the court or
  operation of law.
         (a-1)  A disposition regarding conduct under Section
  51.03(b)(2) may be modified by the juvenile court as provided by
  this section until the expiration of the period described by
  Section 54.0402.
         (b)  Except for a commitment to the Texas Youth Commission or
  a disposition under Section 54.0402, all dispositions
  automatically terminate when the child reaches his 18th birthday.
         SECTION 6.  Article 45.054, Code of Criminal Procedure, is
  amended by adding Subsections (i) and (j) to read as follows:
         (i)  A county, justice, or municipal court shall dismiss the
  complaint against an individual alleging that the individual
  committed an offense under Section 25.094, Education Code, if:
               (1)  the court finds that the individual has
  successfully complied with the conditions imposed on the individual
  by the court under this article; or
               (2)  the individual presents to the court proof that
  the individual has obtained a high school diploma or a high school
  equivalency certificate.
         (j)   A county, justice, or municipal court may waive or
  reduce a fee or court cost imposed under this article if the court
  finds that payment of the fee or court cost would cause financial
  hardship.
         SECTION 7.  Article 45.055, Code of Criminal Procedure, is
  amended by amending Subsection (a) and adding Subsection (e) to
  read as follows:
         (a)  Except as provided by Subsection (e), an [An] individual
  convicted of not more than one violation of Section 25.094,
  Education Code, may, on or after the individual's 18th birthday,
  apply to the court in which the individual was convicted to have the
  conviction and records relating to the conviction expunged.
         (e)  A court shall expunge an individual's conviction under
  Section 25.094, Education Code, and records relating to a
  conviction, regardless of whether the individual has previously
  been convicted of an offense under that section, if:
               (1)  the court finds that the individual has
  successfully complied with the conditions imposed on the individual
  by the court under Article 45.054; or
               (2)  before the individual's 21st birthday, the
  individual presents to the court proof that the individual has
  obtained a high school diploma or a high school equivalency
  certificate.
         SECTION 8.  Subsections (b) and (c), Article 102.0174, Code
  of Criminal Procedure, are amended to read as follows:
         (b)  The governing body of a municipality by ordinance may
  create a juvenile case manager fund and may require a defendant
  convicted of a fine-only misdemeanor offense in a municipal court
  to pay a juvenile case manager fee not to exceed $5 as a cost of
  court if the municipality employs a juvenile case manager. A
  municipality that does not employ a juvenile case manager may not
  collect a fee under this subsection.
         (c)  The commissioners court of a county by order may create
  a juvenile case manager fund and may require a defendant convicted
  of a fine-only misdemeanor offense in a justice court, county
  court, or county court at law to pay a juvenile case manager fee not
  to exceed $5 as a cost of court if the court employs a juvenile case
  manager. A justice court, county court, or county court at law that
  does not employ a juvenile case manager may not collect a fee under
  this subsection.
         SECTION 9.  Subsections (a) and (b), Section 25.091,
  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 [a] student to a juvenile
  court or filing a complaint against the [a] student in a county,
  justice, or municipal court if the student has unexcused absences
  for the amount of time specified under Section 25.094 or under
  Section 51.03(b)(2), Family Code; or [and]
                           (ii) [(B)]  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;
               (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; and
               (7)  to take a student into custody with the permission
  of the student's parent or in obedience to a court-ordered legal
  process.
         (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 [a] student to a juvenile
  court or filing a complaint against the [a] student in a county,
  justice, or municipal court if the student has unexcused absences
  for the amount of time specified under Section 25.094 or under
  Section 51.03(b)(2), Family Code; and
                           (ii) [(B)]  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;
               (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; and
               (7)  if the attendance officer has or is informed of a
  court-ordered legal process directing that a student be taken into
  custody and the school district employing the officer does not
  employ its own police department, to contact the sheriff,
  constable, or any peace officer to request that the student be taken
  into custody and processed according to the legal process.
         SECTION 10.  Subchapter C, Chapter 25, Education Code, is
  amended by adding Section 25.0915 to read as follows:
         Sec. 25.0915.  TRUANCY PREVENTION MEASURES; REFERRAL AND
  FILING REQUIREMENT. (a)  A school district shall adopt truancy
  prevention measures designed to:
               (1)  address student conduct related to truancy in the
  school setting;
               (2)  minimize the need for referrals to juvenile court
  for conduct described by Section 51.03(b)(2), Family Code; and
               (3)  minimize the filing of complaints in county,
  justice, and municipal courts alleging a violation of Section
  25.094.
         (b)  Each referral to juvenile court for conduct described by
  Section 51.03(b)(2), Family Code, or complaint filed in county,
  justice, or municipal court alleging a violation by a student of
  Section 25.094 must:
               (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) 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.
         SECTION 11.  Section 58.106, Family Code, is amended by
  amending Subsection (a) and adding Subsection (a-1) 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 Youth Commission and the Texas
  Juvenile Probation Commission for analytical purposes; [and]
               (5)  to the office of independent ombudsman of the
  Texas Youth Commission; and
               (6)  to a county, justice, or municipal court
  exercising jurisdiction over a juvenile under Section 54.021.
         (a-1)  Information disseminated under Subsection (a) remains
  confidential after dissemination and may be disclosed by the
  recipient only as provided by this title.
         SECTION 12.  Section 102.061, Government Code, as amended by
  Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
  Acts of the 81st Legislature, Regular Session, 2009, is reenacted
  and amended to read as follows:
         Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN
  STATUTORY COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of
  a statutory county court shall collect fees and costs under the Code
  of Criminal Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for services of the clerk of the court
  (Art. 102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a county and district court technology fee
  (Art. 102.0169, Code of Criminal Procedure) . . . $4;  
               (5)  a security fee on a misdemeanor offense
  (Art. 102.017, Code of Criminal Procedure) . . . $3;
               (6)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50; [and]
               (7)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the court employs a
  juvenile case manager; and
               (8) [(7)]  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10.
         SECTION 13.  Section 102.081, Government Code, as amended by
  Chapters 87 (S.B. 1969), 1172 (H.B. 3389), and 1183 (H.B. 3637),
  Acts of the 81st Legislature, Regular Session, 2009, is reenacted
  and amended to read as follows:
         Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN
  COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a county
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $20;
               (2)  a fee for clerk of the court services
  (Art. 102.005, Code of Criminal Procedure) . . . $40;
               (3)  a records management and preservation services fee
  (Art. 102.005, Code of Criminal Procedure) . . . $25;
               (4)  a county and district court technology fee
  (Art. 102.0169, Code of Criminal Procedure) . . . $4;
               (5)  a security fee on a misdemeanor offense
  (Art. 102.017, Code of Criminal Procedure) . . . $3;
               (6)  a juvenile delinquency prevention and graffiti
  eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
  $50; [and]
               (7)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the court employs a
  juvenile case manager; and
               (8) [(7)]  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10.
         SECTION 14.  Section 102.101, Government Code, is amended to
  read as follows:
         Sec. 102.101.  ADDITIONAL COURT COSTS ON CONVICTION IN
  JUSTICE COURT:  CODE OF CRIMINAL PROCEDURE. A clerk of a justice
  court shall collect fees and costs under the Code of Criminal
  Procedure on conviction of a defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (2)  a fee for withdrawing request for jury less than 24
  hours before time of trial (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (3)  a jury fee for two or more defendants tried jointly
  (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $4;
               (5)  a fee for technology fund on a misdemeanor offense
  (Art. 102.0173, Code of Criminal Procedure) . . . $4;
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the court employs a
  juvenile case manager;
               (7)  a fee on conviction of certain offenses involving
  issuing or passing a subsequently dishonored check (Art. 102.0071,
  Code of Criminal Procedure) . . . not to exceed $30;
               (8)  a court cost on conviction of a Class C misdemeanor
  in a county with a population of 3.3 million or more, if authorized
  by the county commissioners court (Art. 102.009, Code of Criminal
  Procedure) . . . not to exceed $7; and
               (9)  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10.
         SECTION 15.  Section 102.121, Government Code, is amended to
  read as follows:
         Sec. 102.121.  ADDITIONAL COURT COSTS ON CONVICTION IN
  MUNICIPAL COURT:  CODE OF CRIMINAL PROCEDURE. The clerk of a
  municipal court shall collect fees and costs on conviction of a
  defendant as follows:
               (1)  a jury fee (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (2)  a fee for withdrawing request for jury less than 24
  hours before time of trial (Art. 102.004, Code of Criminal
  Procedure) . . . $3;
               (3)  a jury fee for two or more defendants tried jointly
  (Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3;
               (4)  a security fee on a misdemeanor offense (Art.
  102.017, Code of Criminal Procedure) . . . $3;
               (5)  a fee for technology fund on a misdemeanor offense
  (Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4;
               (6)  a juvenile case manager fee (Art. 102.0174, Code
  of Criminal Procedure) . . . not to exceed $5 if the municipality
  employs a juvenile case manager; and
               (7)  a civil justice fee (Art. 102.022, Code of
  Criminal Procedure) . . . $0.10.
         SECTION 16.  Subsection (e), Article 45.056, Code of
  Criminal Procedure, is repealed.
         SECTION 17.  The change in law made by this Act applies only
  to conduct that occurs on or after the effective date of this Act.
  Conduct that occurs before the effective date of this Act is
  governed by the law in effect at the time the conduct occurred, and
  the former law is continued in effect for that purpose. For
  purposes of this section, conduct occurs before the effective date
  of this Act if any element of the violation occurs before that date.
         SECTION 18.  To the extent of any conflict, this Act prevails
  over another Act of the 82nd Legislature, Regular Session, 2011,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 19.  This Act takes effect September 1, 2011.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1489 passed the Senate on
  April 26, 2011, by the following vote:  Yeas 27, Nays 4;
  May 24, 2011, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 25, 2011, House
  granted request of the Senate; May 28, 2011, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1489 passed the House, with
  amendments, on May 23, 2011, by the following vote:  Yeas 139,
  Nays 0, three present not voting; May 25, 2011, House granted
  request of the Senate for appointment of Conference Committee;
  May 28, 2011, House adopted Conference Committee Report by the
  following vote:  Yeas 146, Nays 0, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor