83R7553 EAH-D
 
  By: Whitmire S.B. No. 1234
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of progressive sanctions for students
  who fail to attend school and to the repeal of the offenses of
  failure to attend school and parent contributing to nonattendance.
         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[, or Section 25.094, Education Code].
         SECTION 2.  Article 45.0216(g), Code of Criminal Procedure,
  is amended to read as follows:
         (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[; or
               [(3)  Section 25.094, Education Code].
         SECTION 3.  Article 45.056(h), Code of Criminal Procedure,
  as added by Chapter 1055 (S.B. 209), Acts of the 82nd Legislature,
  Regular Session, 2011, is amended to read as follows:
         (h)  Subsections (f) and (g) do not apply to [:
               [(1)]  a part-time judge[; or
               [(2)     a county judge of a county court that has one or
  more appointed full-time magistrates under Section 54.1172,
  Government Code].
         SECTION 4.  Section 25.085(f), Education Code, is amended to
  read as follows:
         (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 25.094 applies to 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.]
         SECTION 5.  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 or progressive sanctions under Section
  29.0945 to the student; and
                     (B)  if the progressive sanctions [truancy
  prevention measures] fail to meaningfully address the student's
  conduct, [:
                           [(i)]  referring the student to a juvenile
  court [or filing a complaint against the 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
                           [(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;
               (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 or progressive sanctions under Section
  25.0945 to the student; and
                     (B)  if the progressive sanctions [truancy
  prevention measures] fail to meaningfully address the student's
  conduct, [:
                           [(i)]  referring the student to a juvenile
  court [or filing a complaint against the 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)     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 6.  Section 25.0915, Education Code, is amended 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; and
               (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 progressive sanctions
  [the truancy prevention measures adopted] under Section 25.0945
  [Subsection (a)] to the student; and
                     (B)  the progressive sanctions [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 7.  Subchapter C, Chapter 25, Education Code, is
  amended by adding Section 25.0945 to read as follows:
         Sec. 25.0945.  PROGRESSIVE SANCTIONS FOR FAILURE TO ATTEND
  SCHOOL. (a)  Before referring a student to a juvenile court for
  conduct indicating a need for supervision under Section
  51.03(b)(2), Family Code, a school district or open-enrollment
  charter school employee shall impose progressive sanctions on the
  student. Under the progressive sanctions, the employee may:
               (1)  issue a warning letter to the student and the
  student's parent or guardian that states the number of absences of
  the student and explains the consequences if the student has
  additional absences;
               (2)  impose:
                     (A)  a behavior contract on the student that must
  be signed by the student, the student's parent or guardian, and an
  employee of the school and that includes:
                           (i)  a specific description of the behavior
  that is required or prohibited for the student;
                           (ii)  the period for which the contract will
  be effective, not to exceed 45 school days after the date the
  contract becomes effective; and
                           (iii)  the penalties for additional
  absences, including additional disciplinary action or the referral
  of the student to a juvenile court; and
                     (B)  school-based community service; or
               (3)  refer the student to counseling, community-based
  services, or other in-school or out-of-school services aimed at
  addressing the student's truancy.
         (b)  A referral made under Subsection (a)(3) may include
  participation by the child's parent or guardian if necessary.
         (c)  If the student fails to comply with or complete the
  progressive sanctions under this section, the school district or
  open-enrollment charter school shall refer the student to a
  juvenile court for conduct indicating a need for supervision under
  Section 51.03(b)(2), Family Code.
         SECTION 8.  Sections 25.095(a) and (b), 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 or on three or more days or parts of days within a four-week
  period[:
               [(1)     the student's parent is subject to prosecution
  under Section 25.093; and
               [(2)]  the student is subject to progressive sanctions
  under Section 25.0945 and possible [prosecution under Section
  25.094 or to] referral to a juvenile court [in a county with a
  population of less than 100,000 for conduct that violates that
  section].
         (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 parent is subject to prosecution under
  Section 25.093; and]
               (2)  request a conference between school officials and
  the parent to discuss the absences.
         SECTION 9.  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)  truancy under Section 51.03(b)(2);
                     (B)  running away from home under Section
  51.03(b)(3);
                     (C)  a fineable only offense under Section
  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;
                     (D)  [failure to attend school under Section
  25.094, Education Code;
                     [(E)]  a violation of standards of student conduct
  as described by Section 51.03(b)(5);
                     (E) [(F)]  a violation of a juvenile curfew
  ordinance or order;
                     (F) [(G)]  a violation of a provision of the
  Alcoholic Beverage Code applicable to minors only; or
                     (G) [(H)]  a violation of any other fineable only
  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 10.  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 25.094, Education Code].
         SECTION 11.  Section 54.1955, Government Code, as added by
  Chapter 995 (H.B. 2132), Acts of the 82nd Legislature, Regular
  Session, 2011, 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 or 25.094, Education
  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)]  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;
  and
               (9) [(10)]  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 requirements in Article 45.054, Code of
  Criminal Procedure[; and
               [(11)     if the magistrate finds that a child as defined
  by Article 45.058, Code of Criminal Procedure, has violated an
  order under Article 45.054, Code of Criminal Procedure, proceed as
  authorized by Article 45.050, Code of Criminal Procedure].
         [(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 or 25.094, Education Code, a magistrate may not rule on the
  issue but may make findings, conclusions, and recommendations on
  the issue.]
         SECTION 12.  Section 71.0352, Government Code, is amended to
  read as follows:
         Sec. 71.0352.  JUVENILE DATE: JUSTICE, MUNICIPAL, AND
  JUVENILE COURTS. As a component of the official monthly report
  submitted to the Office of Court Administration of the Texas
  Judicial System:
               (1)  justice and municipal courts shall report the
  number of cases filed for [the following offenses:
                     [(A)     failure to attend school under Section
  25.094, Education Code;
                     [(B)     parent contributing to nonattendance under
  Section 25.093, Education Code; and
                     [(C)]  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 or municipal court under circumstances that would
  constitute contempt of court, the justice or municipal court shall
  report the 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, and Section 51.03(a)(2), Family Code; or
                     (B)  held in contempt, fined, or denied driving
  privileges as provided by Article 45.050(c)(2), Code of Criminal
  Procedure.
         SECTION 13.  The following provisions are repealed:
               (1)  Articles 45.054 and 45.055, Code of Criminal
  Procedure;
               (2)  Article 45.056(e), Code of Criminal Procedure;
               (3)  Article 102.014(d), Code of Criminal Procedure;
               (4)  Sections 25.093 and 25.094, Education Code;
               (5)  Section 25.095(c), Education Code;
               (6)  Section 25.0951, Education Code;
               (7)  Section 25.0952, Education Code;
               (8)  Section 51.03(g), Family Code;
               (9)  Section 51.04(h), Family Code;
               (10)  Section 51.08(e), Family Code;
               (11)  Section 54.021, Family Code;
               (12)  Section 54.041(f), Family Code;
               (13)  Section 26.045(d), Government Code;
               (14)  Section 54.1172, Government Code; and
               (15)  Section 54.1952, Government Code, as added by
  Chapter 995 (H.B. 2132), Acts of the 82nd Legislature, Regular
  Session, 2011.
         SECTION 14.  The repeal of a law by this Act does not apply to
  an offense committed under Section 25.093 or 25.094, Education
  Code, before the effective date of the repeal.  An offense committed
  before the effective date of the repeal is covered by the law in
  effect at the time the offense was committed, and the former law is
  continued in effect for that purpose. For the purposes of this
  section, an offense is committed before the effective date of this
  Act if any element of the offense was committed before that date.
         SECTION 15.  This Act takes effect September 1, 2013.