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  84R259 ADM-D
 
  By: White of Tyler H.B. No. 378
 
 
 
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(k), Code of Criminal Procedure,
  is amended to read as follows:
         (k)  Subsections (i) and (j) 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 does 
  [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 and progressive sanctions under Section
  29.0945 to the student; and
                     (B)  if the truancy prevention measures and
  progressive sanctions 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 and progressive sanctions under Section
  25.0945 to the student; and
                     (B)  if the truancy prevention measures and
  progressive sanctions 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 the truancy prevention
  measures adopted under Subsection (a) and progressive sanctions
  under Section 25.0945 to the student; and
                     (B)  the truancy prevention measures and
  progressive sanctions 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 court shall dismiss a [complaint or] referral made by
  a school district under this section that is not made in compliance
  with Subsection (b).
         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 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
  Article 45.054, Code of Criminal Procedure, as added by Chapter
  1514, Acts of the 77th Legislature, Regular Session, 2001, or by]
  the Texas Juvenile Justice Department [Youth Commission] to:
                     (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 10.  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 11.  Section 51.04(a), Family Code, is amended to
  read as follows:
         (a)  This title covers the proceedings in all cases involving
  the delinquent conduct or conduct indicating a need for supervision
  engaged in by a person who was a child within the meaning of this
  title at the time the person engaged in the conduct, and[, except as
  provided by Subsection (h),] the juvenile court has exclusive
  original jurisdiction over proceedings under this title.
         SECTION 12.  Section 54.041(f), Family Code, is amended to
  read as follows:
         (f)  If a child is found to have engaged in conduct
  indicating a need for supervision described under Section
  51.03(b)(2) [or (g)], the court may order the child's parents or
  guardians 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
  students' unexcused absences and in developing strategies for
  resolving those problems [described by Section 25.093(f),
  Education Code], if a program is available.
         SECTION 13.  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 [Youth
  Commission and the Texas Juvenile Probation Commission] for
  analytical purposes;
               (5)  to the office of independent ombudsman of the
  Texas Juvenile Justice Department [Youth Commission]; and
               (6)  to a county, justice, or municipal court
  exercising jurisdiction over a juvenile[, including a court
  exercising jurisdiction over a juvenile under Section 54.021].
         SECTION 14.  Sections 26.045(c) and (e), Government Code,
  are amended to read as follows:
         (c)  Except as provided by Subsection [Subsections (d) and]
  (f), a county court that is in a county with a criminal district
  court does not have any criminal jurisdiction.
         (e)  Subsection [Subsections] (c) does [and (d) do] not
  affect the jurisdiction of a statutory county court.
         SECTION 15.  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 16.  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 17.  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;
               [(20-b)     a fee to defray the cost of notifying state
  agencies of orders of expunction (Art. 45.055, 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 18.  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 25.0916, 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 26.045(d), Government Code;
               (13)  Subchapter W, Chapter 54, Government Code; and
               (14)  Subchapter JJ, Chapter 54, Government Code.
         SECTION 19.  The changes in law made by this Act do not apply
  to an offense committed under Section 25.093 or 25.094, Education
  Code, before the effective date of this Act or to a criminal action
  pending on the effective date of this Act for an offense under
  either section.  An offense committed before the effective date of
  this Act or a criminal action pending on that date is governed 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 20.  This Act takes effect September 1, 2015.