H.B. No. 2398
 
 
 
 
AN ACT
  relating to court jurisdiction and procedures relating to truancy;
  establishing judicial donation trust funds; providing criminal
  penalties; imposing a court cost.
         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.  Articles 45.0216(f) and (g), Code of Criminal
  Procedure, are amended to read as follows:
         (f)  The court shall order the conviction, together with all
  complaints, verdicts, sentences, and prosecutorial and law
  enforcement records, and any other documents relating to the
  offense, expunged from the person's record if the court finds that:
               (1)  for a person applying for the expunction of a
  conviction for an offense described by Section 8.07(a)(4) or (5),
  Penal Code, the person was not convicted of any other offense
  described by Section 8.07(a)(4) or (5), Penal Code, while the
  person was a child; and
               (2)  for a person applying for the expunction of a
  conviction for an offense described by Section 43.261, Penal Code,
  the person was not found to have engaged in conduct indicating a
  need for supervision described by Section 51.03(b)(7)
  [51.03(b)(8)], Family Code, while the person was a child.
         (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.  Subchapter B, Chapter 45, Code of Criminal
  Procedure, is amended by adding Articles 45.0531 and 45.0541 to
  read as follows:
         Art. 45.0531.  DISMISSAL OF PARENT CONTRIBUTING TO
  NONATTENDANCE CHARGE. Notwithstanding any other law, a county,
  justice, or municipal court, at the court's discretion, may dismiss
  a charge against a defendant alleging the defendant committed an
  offense under Section 25.093, Education Code, if the court finds
  that a dismissal would be in the interest of justice because:
               (1)  there is a low likelihood of recidivism by the
  defendant; or
               (2)  sufficient justification exists for the failure to
  attend school.
         Art. 45.0541.  EXPUNCTION OF FAILURE TO ATTEND SCHOOL
  RECORDS. (a)  In this article, "truancy offense" means an offense
  committed under the former Section 25.094, Education Code.
         (b)  An individual who has been convicted of a truancy
  offense or has had a complaint for a truancy offense dismissed is
  entitled to have the conviction or complaint and records relating
  to the conviction or complaint expunged.
         (c)  Regardless of whether the individual has filed a
  petition for expunction, the court in which the individual was
  convicted or a complaint for a truancy offense was filed shall order
  the conviction, complaints, verdicts, sentences, and other
  documents relating to the offense, including any documents in the
  possession of a school district or law enforcement agency, to be
  expunged from the individual's record. After entry of the order,
  the individual is released from all disabilities resulting from the
  conviction or complaint, and the conviction or complaint may not be
  shown or made known for any purpose.
         SECTION 4.  Article 45.056(a), Code of Criminal Procedure,
  as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
  the 83rd Legislature, Regular Session, 2013, is reenacted and
  amended to read as follows:
         (a)  On approval of the commissioners court, city council,
  school district board of trustees, juvenile board, or other
  appropriate authority, a county court, justice court, municipal
  court, school district, juvenile probation department, or other
  appropriate governmental entity may:
               (1)  employ a case manager to provide services in cases
  involving juvenile offenders who are before a court consistent with
  the court's statutory powers or referred to a court by a school
  administrator or designee for misconduct that would otherwise be
  within the court's statutory powers prior to a case being filed,
  with the consent of the juvenile and the juvenile's parents or
  guardians;
               (2)  employ one or more juvenile case managers who:
                     (A)  shall assist the court in administering the
  court's juvenile docket and in supervising the court's orders in
  juvenile cases; and
                     (B)  may provide:
                           (i)  prevention services to a child
  considered at risk of entering the juvenile justice system; and
                           (ii)  intervention services to juveniles
  engaged in misconduct before cases are filed, excluding traffic
  offenses; or
               (3)  agree in accordance with Chapter 791, Government
  Code, with any appropriate governmental entity to jointly employ a
  case manager or to jointly contribute to the costs of a case manager
  employed by one governmental entity to provide services described
  by Subdivisions (1) and (2).
         SECTION 5.  Article 102.014(d), Code of Criminal Procedure,
  is amended to read as follows:
         (d)  A person convicted of an offense under Section 25.093
  [or 25.094], Education Code, shall pay as taxable court costs $20 in
  addition to other taxable court costs.  The additional court costs
  under this subsection shall be collected in the same manner that
  other fines and taxable court costs in the case are collected.
         SECTION 6.  (a)  Section 7.111(a), Education Code, as
  amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of
  the 83rd Legislature, Regular Session, 2013, is reenacted to read
  as follows:
         (a)  The board shall provide for the administration of high
  school equivalency examinations.
         (b)  Section 7.111(a-1), Education Code, is amended to
  conform to the amendment of Section 7.111(a), Education Code, by
  Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
  Session, 2013, and is further amended to read as follows:
         (a-1)  A person who does not have a high school diploma may
  take the examination in accordance with rules adopted by the board
  if the person is:
               (1)  over 17 years of age;
               (2)  16 years of age or older and:
                     (A)  is enrolled in a Job Corps training program
  under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
  et seq.), and its subsequent amendments;
                     (B)  a public agency providing supervision of the
  person or having custody of the person under a court order
  recommends that the person take the examination; or
                     (C)  is enrolled in the Texas Military
  Department's [adjutant general's department's] Seaborne ChalleNGe
  Corps; or
               (3)  required to take the examination under a court
  order issued under Section 65.103(a)(3), Family Code.
         SECTION 7.  Section 25.085, Education Code, is amended by
  amending Subsections (b), (e), and (f) and adding Subsections (g)
  and (h) to read as follows:
         (b)  Unless specifically exempted by Section 25.086, a child
  who is at least six years of age, or who is younger than six years of
  age and has previously been enrolled in first grade, and who has not
  yet reached the child's 19th [18th] birthday shall attend school.
         (e)  A person who voluntarily enrolls in school or
  voluntarily attends school after the person's 19th [18th] birthday
  shall attend school each school day for the entire period the
  program of instruction is offered. A school district may revoke for
  the remainder of the school year the enrollment of a person who has
  more than five absences in a semester that are not excused under
  Section 25.087, except a school district may not revoke the
  enrollment of a person under this subsection on a day on which the
  person is physically present at school. A person whose enrollment
  is revoked under this subsection may be considered an unauthorized
  person on school district grounds for purposes of Section 37.107.
         (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 65.003(a), Family Code, does not apply [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.
         (g)  After the third unexcused absence of a person described
  by Subsection (e), a school district shall issue a warning letter to
  the person that states the person's enrollment may be revoked for
  the remainder of the school year if the person has more than five
  unexcused absences in a semester.
         (h)  As an alternative to revoking a person's enrollment
  under Subsection (e), a school district may impose a behavior
  improvement plan described by Section 25.0915(a-1)(1).
         SECTION 8.  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 to the student; and
                     (B)  if the truancy prevention measures fail to
  meaningfully address the student's conduct:
                           (i)  referring the student to a truancy
  court [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 65.003(a)
  [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; and
               (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 student to a truancy
  court [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 65.003(a)
  [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; and
               (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 9.  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 before the student engages in conduct described by
  Section 65.003(a), Family Code; and
               (2)  minimize the need for referrals to truancy
  [juvenile] court for conduct described by Section 65.003(a)
  [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].
         (a-1)  As a truancy prevention measure under Subsection (a),
  a school district shall take one or more of the following actions:
               (1)  impose:
                     (A)  a behavior improvement plan on the student
  that must be signed by an employee of the school, that the school
  district has made a good faith effort to have signed by the student
  and the student's parent or guardian, and that includes:
                           (i)  a specific description of the behavior
  that is required or prohibited for the student;
                           (ii)  the period for which the plan will be
  effective, not to exceed 45 school days after the date the contract
  becomes effective; or
                           (iii)  the penalties for additional
  absences, including additional disciplinary action or the referral
  of the student to a truancy court; or
                     (B)  school-based community service; or
               (2)  refer the student to counseling, mediation,
  mentoring, a teen court program, community-based services, or other
  in-school or out-of-school services aimed at addressing the
  student's truancy.
         (a-2)  A referral made under Subsection (a-1)(2) may include
  participation by the child's parent or guardian if necessary.
         (a-3)  A school district shall offer additional counseling
  to a student and may not refer the student to truancy court if the
  school determines that the student's truancy is the result of:
               (1)  pregnancy;
               (2)  being in the state foster program;
               (3)  homelessness; or
               (4)  being the principal income earner for the
  student's family.
         (a-4)  If a student fails to attend school without excuse on
  three or more days or parts of days within a four-week period but
  does not fail to attend school for the time described by Section
  25.0951(a), the school district shall initiate truancy prevention
  measures under this section on the student.
         (b)  Each referral to truancy [juvenile] court for conduct
  described by Section 65.003(a) [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) or (a-4) 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.
         (c)  A truancy court shall dismiss a petition filed by a
  truant conduct prosecutor under Section 65.054, Family Code, if the
  court determines that the school district's referral:
               (1)  does [complaint or referral made by a school
  district under this section that is] not comply [made in
  compliance] with Subsection (b);
               (2)  does not satisfy the elements required for truant
  conduct;
               (3)  is not timely filed, unless the school district
  delayed the referral under Section 25.0951(d); or
               (4)  is otherwise substantively defective.
         (d)  Except as provided by Subsection (e), a school district
  shall employ a truancy prevention facilitator or juvenile case
  manager to implement the truancy prevention measures required by
  this section and any other effective truancy prevention measures as
  determined by the school district or campus. At least annually, the
  truancy prevention facilitator shall meet to discuss effective
  truancy prevention measures with a case manager or other individual
  designated by a truancy court to provide services to students of the
  school district in truancy cases.
         (e)  Instead of employing a truancy prevention facilitator,
  a school district may designate an existing district employee or
  juvenile case manager to implement the truancy prevention measures
  required by this section and any other effective truancy prevention
  measures as determined by the school district or campus.
         (f)  The agency shall adopt rules:
               (1)  creating minimum standards for truancy prevention
  measures adopted by a school district under this section; and
               (2)  establishing a set of best practices for truancy
  prevention measures.
         (g)  The agency shall adopt rules to provide for sanctions
  for a school district found to be not in compliance with this
  section.
         SECTION 10.  Section 25.0916, Education Code, is amended by
  amending Subsections (a), (c), (f), (h), and (i) and adding
  Subsection (c-1) to read as follows:
         (a)  This section applies only to a county with two or more
  courts hearing truancy cases and two or more school districts[:
               [(1)  with a population greater than 1.5 million; and
               [(2)  that includes at least:
                     [(A)     15 school districts with the majority of
  district territory in the county; and
                     [(B)     one school district with a student
  enrollment of 50,000 or more and an annual dropout rate spanning
  grades 9-12 of at least five percent, computed in accordance with
  standards and definitions adopted by the National Center for
  Education Statistics of the United States Department of Education].
         (c)  Unless the county has already adopted a uniform truancy
  policy under this section, not [Not] later than January [September]
  1, 2016 [2013], the county judge or the county judge's designee and
  the mayor of the municipality in the county with the greatest
  population or the mayor's designee shall each appoint one member to
  serve on the committee as a representative of each of the following:
               (1)  a juvenile [district] court;
               (2)  a municipal court;
               (3)  the office of a justice of the peace;
               (4)  the superintendent or designee of an independent
  school district;
               (5)  an open-enrollment charter school, if one exists
  in the county;
               (6)  the office of the prosecutor with original truancy
  jurisdiction in the county [district attorney]; and
               (7)  the general public.
         (c-1)  In addition to the members listed in Subsection (c),
  the chief juvenile probation officer or the officer's designee
  serves on the committee. The county judge or the county judge's
  designee and the mayor of the municipality in the county with the
  greatest population or the mayor's designee may make additional
  appointments as needed.
         (f)  Unless a county has already adopted a uniform truancy
  policy under this section, not [Not] later than May [September] 1,
  2016 [2014], the committee shall recommend:
               (1)  a uniform process for filing truancy cases with
  truancy courts [the judicial system];
               (2)  uniform administrative procedures;
               (3)  uniform deadlines for processing truancy cases;
               (4)  a local plan with strategies to address truancy,
  including effective prevention, intervention, and diversion
  methods to reduce truancy and referrals to a truancy [county,
  justice, or municipal] court;
               (5)  a system for tracking truancy information and
  sharing truancy information among school districts, [and]
  open-enrollment charter schools, truancy courts, juvenile courts,
  and juvenile probation departments in the county; and
               (6)  any changes to statutes or state agency rules the
  committee determines are necessary to address truancy.
         (h)  The committee's presiding officer shall issue a report
  not later than December 1, 2017 [2015], to the county judge and
  mayor of the municipality with the greatest population in the
  county on the implementation of the recommendations and compliance
  with state truancy laws by a school district located in the county.
         (i)  This section expires January 1, 2018 [2016].
         SECTION 11.  Section 25.093, Education Code, is amended by
  amending Subsections (a) and (c) and adding Subsection (c-1) to
  read as follows:
         (a)  If a warning is issued as required by Section 25.095(a),
  the parent with criminal negligence fails to require the child to
  attend school as required by law, and the child has absences for the
  amount of time specified under Section 65.003(a), Family Code
  [25.094], the parent commits an offense.
         (c)  An offense under Subsection (a) is a [Class C]
  misdemeanor, punishable by fine only, in an amount not to exceed:
               (1)  $100 for a first offense;
               (2)  $200 for a second offense;
               (3)  $300 for a third offense;
               (4)  $400 for a fourth offense; or
               (5)  $500 for a fifth or subsequent offense.
         (c-1)  Each day the child remains out of school may
  constitute a separate offense. Two or more offenses under
  Subsection (a) may be consolidated and prosecuted in a single
  action. If the court orders deferred disposition under Article
  45.051, Code of Criminal Procedure, the court may require the
  defendant to provide personal services to a charitable or
  educational institution as a condition of the deferral.
         SECTION 12.  Sections 25.095(a), (b), and (c), 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 [prosecution under
  Section 25.094 or to] referral to a truancy [juvenile] court [in a
  county with a population of less than 100,000] for truant conduct
  under Section 65.003(a), Family Code [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 student [parent] is subject to truancy
  prevention measures [prosecution] under Section 25.0915 [25.093];
  and
               (2)  request a conference between school officials and
  the parent to discuss the absences.
         (c)  The fact that a parent did not receive a notice under
  Subsection (a) or (b) does not create a defense [to prosecution]
  under Section 25.093 or under Section 65.003(a), Family Code
  [25.094].
         SECTION 13.  Section 25.0951, Education Code, is amended to
  read as follows:
         Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
  FAILURE TO ATTEND SCHOOL. (a)  If a student fails to attend school
  without excuse on 10 or more days or parts of days within a
  six-month period in the same school year, a school district shall
  within 10 school days of the student's 10th absence[:
               [(1)     file a complaint against the student or the
  student's parent or both in a county, justice, or municipal court
  for an offense under Section 25.093 or 25.094, as appropriate, or
  refer the student to a juvenile court in a county with a population
  of less than 100,000 for conduct that violates Section 25.094; or
               [(2)]  refer the student to a truancy [juvenile] court
  for truant conduct [indicating a need for supervision] under
  Section 65.003(a) [51.03(b)(2)], Family Code.
         (b)  If a student fails to attend school without excuse as
  specified by Subsection (a), a school district may file a complaint
  against the student's parent in a county, justice, or municipal
  court for an offense under Section 25.093 if the school district
  provides evidence of the parent's criminal negligence [If a student
  fails to attend school without excuse on three or more days or parts
  of days within a four-week period but does not fail to attend school
  for the time described by Subsection (a), the school district may:
               [(1)     file a complaint against the student or the
  student's parent or both in a county, justice, or municipal court
  for an offense under Section 25.093 or 25.094, as appropriate, or
  refer the student to a juvenile court in a county with a population
  of less than 100,000 for conduct that violates Section 25.094; or
               [(2)     refer the student to a juvenile court for conduct
  indicating a need for supervision under Section 51.03(b)(2), Family
  Code].
         [(c)]  In this subsection [section], "parent" includes a
  person standing in parental relation.
         (c) [(d)]  A court shall dismiss a complaint [or referral]
  made by a school district under Subsection (b) [under this section]
  that:
               (1)  does [is] not comply [made in compliance] with
  this section;
               (2)  does not allege the elements required for the
  offense;
               (3)  is not timely filed, unless the school district
  delayed the referral under Subsection (d); or
               (4)  is otherwise substantively defective.
         (d)  Notwithstanding Subsection (a), a school district may
  delay a referral of a student for truant conduct, or may choose to
  not refer a student for truant conduct, if the school district:
               (1)  is applying truancy prevention measures to the
  student under Section 25.0915; and
               (2)  determines that the truancy prevention measures
  are succeeding and it is in the best interest of the student that a
  referral be delayed or not be made.
         SECTION 14.  Section 25.0952, Education Code, is amended to
  read as follows:
         Sec. 25.0952.  PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
  TO NONATTENDANCE OFFENSE [SCHOOL ATTENDANCE-RELATED OFFENSES].  In
  a proceeding based on a complaint under Section 25.093 [or 25.094],
  the court shall, except as otherwise provided by this chapter, use
  the procedures and exercise the powers authorized by Chapter 45,
  Code of Criminal Procedure.
         SECTION 15.  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
  Section 65.103, Family Code [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 16.  Section 33.051(2), Education Code, is amended
  to read as follows:
               (2)  "Missing child" means a child whose whereabouts
  are unknown to the legal custodian of the child and:
                     (A)  the circumstances of whose absence indicate
  that the child did not voluntarily leave the care and control of the
  custodian and that the taking of the child was not authorized by
  law; or
                     (B)  the child has engaged in conduct indicating a
  need for supervision under Section 51.03(b)(2) [51.03(b)(3)],
  Family Code.
         SECTION 17.  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)(2) [51.03(b)(3)];
                     (B) [(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;]
                     (C) [(E)]  a violation of standards of student
  conduct as described by Section 51.03(b)(4) [51.03(b)(5)];
                     (D) [(F)]  a violation of a juvenile curfew
  ordinance or order;
                     (E) [(G)]  a violation of a provision of the
  Alcoholic Beverage Code applicable to minors only; or
                     (F) [(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 18.  Sections 51.03(a), (b), (e), and (f), Family
  Code, are amended to read as follows:
         (a)  Delinquent conduct is:
               (1)  conduct, other than a traffic offense, that
  violates a penal law of this state or of the United States
  punishable by imprisonment or by confinement in jail;
               (2)  conduct that violates a lawful order of a court
  under circumstances that would constitute contempt of that court
  in:
                     (A)  a justice or municipal court; [or]
                     (B)  a county court for conduct punishable only by
  a fine; or
                     (C)  a truancy court;
               (3)  conduct that violates Section 49.04, 49.05, 49.06,
  49.07, or 49.08, Penal Code; or
               (4)  conduct that violates Section 106.041, Alcoholic
  Beverage Code, relating to driving under the influence of alcohol
  by a minor (third or subsequent offense).
         (b)  Conduct indicating a need for supervision is:
               (1)  subject to Subsection (f), conduct, other than a
  traffic offense, that violates:
                     (A)  the penal laws of this state of the grade of
  misdemeanor that are punishable by fine only; or
                     (B)  the penal ordinances of any political
  subdivision of this state;
               (2)  [the absence of a child 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 from
  school;
               [(3)]  the voluntary absence of a child from the child's
  home without the consent of the child's parent or guardian for a
  substantial length of time or without intent to return;
               (3) [(4)]  conduct prohibited by city ordinance or by
  state law involving the inhalation of the fumes or vapors of paint
  and other protective coatings or glue and other adhesives and the
  volatile chemicals itemized in Section 485.001, Health and Safety
  Code;
               (4) [(5)]  an act that violates a school district's
  previously communicated written standards of student conduct for
  which the child has been expelled under Section 37.007(c),
  Education Code;
               (5) [(6)]  conduct that violates a reasonable and
  lawful order of a court entered under Section 264.305;
               (6) [(7)]  notwithstanding Subsection (a)(1), conduct
  described by Section 43.02(a)(1) or (2), Penal Code; or
               (7) [(8)]  notwithstanding Subsection (a)(1), conduct
  that violates Section 43.261, Penal Code.
         (e)  For the purposes of Subsection (b)(2) [(b)(3)], "child"
  does not include a person who is married, divorced, or widowed.
         (f)  Conduct [Except as provided by Subsection (g), conduct]
  described under Subsection (b)(1) does not constitute conduct
  indicating a need for supervision unless the child has been
  referred to the juvenile court under Section 51.08(b).
         SECTION 19.  Section 51.13(e), Family Code, is amended to
  read as follows:
         (e)  A finding that a child engaged in conduct indicating a
  need for supervision as described by Section 51.03(b)(7)
  [51.03(b)(8)] is a conviction only for the purposes of Sections
  43.261(c) and (d), Penal Code.
         SECTION 20.  Section 54.0404(a), Family Code, is amended to
  read as follows:
         (a)  If a child is found to have engaged in conduct
  indicating a need for supervision described by Section 51.03(b)(7)
  [51.03(b)(8)], the juvenile court may enter an order requiring the
  child to attend and successfully complete an educational program
  described by Section 37.218, Education Code, or another equivalent
  educational program.
         SECTION 21.  Section 54.05(b), Family Code, is amended to
  read as follows:
         (b)  Except for a commitment to the Texas Juvenile Justice
  Department or to a post-adjudication secure correctional facility
  under Section 54.04011[, a disposition under Section 54.0402,] or a
  placement on determinate sentence probation under Section
  54.04(q), all dispositions automatically terminate when the child
  reaches the child's 18th birthday.
         SECTION 22.  Section 58.0022, Family Code, is amended to
  read as follows:
         Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
  RUNAWAYS. A law enforcement officer who takes a child into custody
  with probable cause to believe that the child has engaged in conduct
  indicating a need for supervision as described by Section
  51.03(b)(2) [51.03(b)(3)] and who after reasonable effort is unable
  to determine the identity of the child, may fingerprint or
  photograph the child to establish the child's identity. On
  determination of the child's identity or that the child cannot be
  identified by the fingerprints or photographs, the law enforcement
  officer shall immediately destroy all copies of the fingerprint
  records or photographs of the child.
         SECTION 23.  Section 58.003(c-3), Family Code, is amended to
  read as follows:
         (c-3)  Notwithstanding Subsections (a) and (c) and subject
  to Subsection (b), a juvenile court, on the court's own motion and
  without a hearing, shall order the sealing of records concerning a
  child found to have engaged in conduct indicating a need for
  supervision described by Section 51.03(b)(6) [51.03(b)(7)] or
  taken into custody to determine whether the child engaged in
  conduct indicating a need for supervision described by Section
  51.03(b)(6) [51.03(b)(7)]. This subsection applies only to
  records related to conduct indicating a need for supervision
  described by Section 51.03(b)(6) [51.03(b)(7)].
         SECTION 24.  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 25.  Section 59.003(a), Family Code, is amended to
  read as follows:
         (a)  Subject to Subsection (e), after a child's first
  commission of delinquent conduct or conduct indicating a need for
  supervision, the probation department or prosecuting attorney may,
  or the juvenile court may, in a disposition hearing under Section
  54.04 or a modification hearing under Section 54.05, assign a child
  one of the following sanction levels according to the child's
  conduct:
               (1)  for conduct indicating a need for supervision,
  other than conduct described in Section 51.03(b)(3) or (4)
  [51.03(b)(4) or (5)] or a Class A or B misdemeanor, the sanction
  level is one;
               (2)  for conduct indicating a need for supervision
  under Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A
  or B misdemeanor, other than a misdemeanor involving the use or
  possession of a firearm, or for delinquent conduct under Section
  51.03(a)(2), the sanction level is two;
               (3)  for a misdemeanor involving the use or possession
  of a firearm or for a state jail felony or a felony of the third
  degree, the sanction level is three;
               (4)  for a felony of the second degree, the sanction
  level is four;
               (5)  for a felony of the first degree, other than a
  felony involving the use of a deadly weapon or causing serious
  bodily injury, the sanction level is five;
               (6)  for a felony of the first degree involving the use
  of a deadly weapon or causing serious bodily injury, for an
  aggravated controlled substance felony, or for a capital felony,
  the sanction level is six; or
               (7)  for a felony of the first degree involving the use
  of a deadly weapon or causing serious bodily injury, for an
  aggravated controlled substance felony, or for a capital felony, if
  the petition has been approved by a grand jury under Section 53.045,
  or if a petition to transfer the child to criminal court has been
  filed under Section 54.02, the sanction level is seven.
         SECTION 26.  Section 61.002(a), Family Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b), this chapter
  applies to a proceeding to enter a juvenile court order:
               (1)  for payment of probation fees under Section
  54.061;
               (2)  for restitution under Sections 54.041(b) and
  54.048;
               (3)  for payment of graffiti eradication fees under
  Section 54.0461;
               (4)  for community service under Section 54.044(b);
               (5)  for payment of costs of court under Section
  54.0411 or other provisions of law;
               (6)  requiring the person to refrain from doing any act
  injurious to the welfare of the child under Section 54.041(a)(1);
               (7)  enjoining contact between the person and the child
  who is the subject of a proceeding under Section 54.041(a)(2);
               (8)  ordering a person living in the same household
  with the child to participate in counseling under Section
  54.041(a)(3);
               (9)  [requiring a parent or guardian of a child found to
  be truant to participate in an available program addressing truancy
  under Section 54.041(f);
               [(10)]  requiring a parent or other eligible person to
  pay reasonable attorney's fees for representing the child under
  Section 51.10(e);
               (10) [(11)]  requiring the parent or other eligible
  person to reimburse the county for payments the county has made to
  an attorney appointed to represent the child under Section
  51.10(j);
               (11) [(12)]  requiring payment of deferred prosecution
  supervision fees under Section 53.03(d);
               (12) [(13)]  requiring a parent or other eligible
  person to attend a court hearing under Section 51.115;
               (13) [(14)]  requiring a parent or other eligible
  person to act or refrain from acting to aid the child in complying
  with conditions of release from detention under Section 54.01(r);
               (14) [(15)]  requiring a parent or other eligible
  person to act or refrain from acting under any law imposing an
  obligation of action or omission on a parent or other eligible
  person because of the parent's or person's relation to the child who
  is the subject of a proceeding under this title;
               (15) [(16)]  for payment of fees under Section 54.0462;
  or
               (16) [(17)]  for payment of the cost of attending an
  educational program under Section 54.0404.
         SECTION 27.  The Family Code is amended by adding Title 3A to
  read as follows:
  TITLE 3A. TRUANCY COURT PROCEEDINGS
  CHAPTER 65. TRUANCY COURT PROCEEDINGS
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 65.001.  SCOPE AND PURPOSE. (a)  This chapter details
  the procedures and proceedings in cases involving allegations of
  truant conduct.
         (b)  The purpose of this chapter is to encourage school
  attendance by creating simple civil judicial procedures through
  which children are held accountable for excessive school absences.
         (c)  The best interest of the child is the primary
  consideration in adjudicating truant conduct of the child.
         Sec. 65.002.  DEFINITIONS. In this chapter:
               (1)  "Child" means a person who is 12 years of age or
  older and younger than 19 years of age.
               (2)  "Juvenile court" means a court designated under
  Section 51.04 to exercise jurisdiction over proceedings under Title
  3.
               (3)  "Qualified telephone interpreter" means a
  telephone service that employs licensed court interpreters, as
  defined by Section 157.001, Government Code.
               (4)  "Truancy court" means a court designated under
  Section 65.004 to exercise jurisdiction over cases involving
  allegations of truant conduct.
         Sec. 65.003.  TRUANT CONDUCT. (a)  A child engages in
  truant conduct if the child is required to attend school under
  Section 25.085, Education Code, and fails to attend school on 10 or
  more days or parts of days within a six-month period in the same
  school year.
         (b)  Truant conduct may be prosecuted only as a civil case in
  a truancy court.
         (c)  It is an affirmative defense to an allegation of truant
  conduct that one or more of the absences required to be proven have
  been excused by a school official or by the court or that one or more
  of the absences were involuntary, but only if there is an
  insufficient number of unexcused or voluntary absences remaining to
  constitute truant conduct. The burden is on the child to show by a
  preponderance of the evidence that the absence has been or should be
  excused or that the absence was involuntary. A decision by the
  court to excuse an absence for purposes of this subsection does not
  affect the ability of the school district to determine whether to
  excuse the absence for another purpose.
         Sec. 65.004.  TRUANCY COURTS; JURISDICTION. (a)  The
  following are designated as truancy courts:
               (1)  in a county with a population of 1.75 million or
  more, the constitutional county court;
               (2)  justice courts; and
               (3)  municipal courts.
         (b)  A truancy court has exclusive original jurisdiction
  over cases involving allegations of truant conduct.
         (c)  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 truancy case is brought as if the
  municipal court were located in the municipality in which the case
  arose.
         (d)  A truancy court retains jurisdiction over a person,
  without regard to the age of the person, who was referred to the
  court under Section 65.051 for engaging in truant conduct before
  the person's 19th birthday, until final disposition of the case.
         Sec. 65.005.  COURT SESSIONS. A truancy court is considered
  to be in session at all times.
         Sec. 65.006.  VENUE. Venue for a proceeding under this
  chapter is the county in which the school in which the child is
  enrolled is located or the county in which the child resides.
         Sec. 65.007.  RIGHT TO JURY TRIAL. (a)  A child alleged to
  have engaged in truant conduct is entitled to a jury trial.
         (b)  The number of jurors in a case involving an allegation
  of truant conduct is six. The state and the child are each entitled
  to three peremptory challenges.
         (c)  There is no jury fee for a trial under this chapter.
         Sec. 65.008.  WAIVER OF RIGHTS. A right granted to a child
  by this chapter or by the constitution or laws of this state or the
  United States is waived in proceedings under this chapter if:
               (1)  the right is one that may be waived;
               (2)  the child and the child's parent or guardian are
  informed of the right, understand the right, understand the
  possible consequences of waiving the right, and understand that
  waiver of the right is not required;
               (3)  the child signs the waiver;
               (4)  the child's parent or guardian signs the waiver;
  and
               (5)  the child's attorney signs the waiver, if the child
  is represented by counsel.
         Sec. 65.009.  EFFECT OF ADJUDICATION. (a)  An adjudication
  of a child as having engaged in truant conduct is not a conviction
  of crime. An order of adjudication does not impose any civil
  disability ordinarily resulting from a conviction or operate to
  disqualify the child in any civil service application or
  appointment.
         (b)  The adjudication of a child as having engaged in truant
  conduct may not be used in any subsequent court proceedings, other
  than for the purposes of determining an appropriate remedial action
  under this chapter or in an appeal under this chapter.
         Sec. 65.010.  BURDEN OF PROOF. A court or jury may not
  return a finding that a child has engaged in truant conduct unless
  the state has proved the conduct beyond a reasonable doubt.
         Sec. 65.011.  APPLICABLE STATUTES REGARDING DISCOVERY.
  Discovery in a proceeding under this chapter is governed by Chapter
  39, Code of Criminal Procedure, other than Articles 39.14(i) and
  (j).
         Sec. 65.012.  PROCEDURAL RULES. The supreme court may
  promulgate rules of procedure applicable to proceedings under this
  chapter, including guidelines applicable to the informal
  disposition of truancy cases.
         Sec. 65.013.  INTERPRETERS. (a)  When on the motion for
  appointment of an interpreter by a party or on the motion of the
  court, in any proceeding under this chapter, the court determines
  that the child, the child's parent or guardian, or a witness does
  not understand and speak English, an interpreter must be sworn to
  interpret for the person. Articles 38.30(a), (b), and (c), Code of
  Criminal Procedure, apply in a proceeding under this chapter. A
  qualified telephone interpreter may be sworn to provide
  interpretation services if an interpreter is not available to
  appear in person before the court.
         (b)  In any proceeding under this chapter, if a party
  notifies the court that the child, the child's parent or guardian,
  or a witness is deaf, the court shall appoint a qualified
  interpreter to interpret the proceedings in any language, including
  sign language, that the deaf person can understand.  Articles
  38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a
  proceeding under this chapter.
         Sec. 65.014.  SIGNATURES. Any requirement under this
  chapter that a document be signed or that a document contain a
  person's signature, including the signature of a judge or a clerk of
  the court, is satisfied if the document contains the signature of
  the person as captured on an electronic device or as a digital
  signature.
         Sec. 65.015.  PUBLIC ACCESS TO COURT HEARINGS. (a)  Except
  as provided by Subsection (b), a truancy court shall open a hearing
  under this chapter to the public unless the court, for good cause
  shown, determines that the public should be excluded.
         (b)  The court may prohibit a person from personally
  attending a hearing if the person is expected to testify at the
  hearing and the court determines that the person's testimony would
  be materially affected if the person hears other testimony at the
  hearing.
         Sec. 65.016.  RECORDING OF PROCEEDINGS. (a)  The
  proceedings in a truancy court that is not a court of record may not
  be recorded.
         (b)  The proceedings in a truancy court that is a court of
  record must be recorded by stenographic notes or by electronic,
  mechanical, or other appropriate means.
         Sec. 65.017.  JUVENILE CASE MANAGERS. A truancy court may
  employ a juvenile case manager in accordance with Article 45.056,
  Code of Criminal Procedure, to provide services to children who
  have been referred to the truancy court or who are in jeopardy of
  being referred to the truancy court.
  SUBCHAPTER B. INITIAL PROCEDURES
         Sec. 65.051.  INITIAL REFERRAL TO TRUANCY COURT. When a
  truancy court receives a referral under Section 25.0915, Education
  Code, and the court is not required to dismiss the referral under
  that section, the court shall forward the referral to a truant
  conduct prosecutor who serves the court.
         Sec. 65.052.  TRUANT CONDUCT PROSECUTOR.  In a justice or
  municipal court or a constitutional county court that is designated
  as a truancy court, the attorney who represents the state in
  criminal matters in that court shall serve as the truant conduct
  prosecutor.
         Sec. 65.053.  REVIEW BY PROSECUTOR. (a)  The truant conduct
  prosecutor shall promptly review the facts described in a referral
  received under Section 65.051.
         (b)  The prosecutor may, in the prosecutor's discretion,
  determine whether to file a petition with the truancy court
  requesting an adjudication of the child for truant conduct.  If the
  prosecutor decides not to file a petition requesting an
  adjudication, the prosecutor shall inform the truancy court and the
  school district of the decision.
         (c)  The prosecutor may not file a petition for an
  adjudication of a child for truant conduct if the referral was not
  made in compliance with Section 25.0915, Education Code.
         Sec. 65.054.  STATE'S PETITION.  (a)  A petition for an
  adjudication of a child for truant conduct initiates an action of
  the state against a child who has allegedly engaged in truant
  conduct.
         (b)  The proceedings shall be styled "In the matter of
  _______________, Child," identifying the child by the child's
  initials only.
         (c)  The petition may be on information and belief.
         (d)  The petition must state:
               (1)  with reasonable particularity the time, place, and
  manner of the acts alleged to constitute truant conduct;
               (2)  the name, age, and residence address, if known, of
  the child who is the subject of the petition;
               (3)  the names and residence addresses, if known, of at
  least one parent, guardian, or custodian of the child and of the
  child's spouse, if any; and
               (4)  if the child's parent, guardian, or custodian does
  not reside or cannot be found in the state, or if their places of
  residence are unknown, the name and residence address of any known
  adult relative residing in the county or, if there is none, the name
  and residence address of the known adult relative residing nearest
  to the location of the court.
         (e)  Filing fees may not be charged for the filing of the
  state's petition.
         Sec. 65.055.  LIMITATIONS PERIOD. A petition may not be
  filed after the 45th day after the date of the last absence giving
  rise to the act of truant conduct.
         Sec. 65.056.  HEARING DATE. (a)  After the petition has
  been filed, the truancy court shall set a date and time for an
  adjudication hearing.
         (b)  The hearing may not be held on or before the 10th day
  after the date the petition is filed.
         Sec. 65.057.  SUMMONS. (a)  After setting the date and time
  of an adjudication hearing, the truancy court shall direct the
  issuance of a summons to:
               (1)  the child named in the petition;
               (2)  the child's parent, guardian, or custodian;
               (3)  the child's guardian ad litem, if any; and
               (4)  any other person who appears to the court to be a
  proper or necessary party to the proceeding.
         (b)  The summons must require the persons served to appear
  before the court at the place, date, and time of the adjudication
  hearing to answer the allegations of the petition. A copy of the
  petition must accompany the summons. If a person, other than the
  child, required to appear under this section fails to attend a
  hearing, the truancy court may proceed with the hearing.
         (c)  The truancy court may endorse on the summons an order
  directing the person having the physical custody or control of the
  child to bring the child to the hearing.
         (d)  A party, other than the child, may waive service of
  summons by written stipulation or by voluntary appearance at the
  hearing.
         Sec. 65.058.  SERVICE OF SUMMONS. (a)  If a person to be
  served with a summons is in this state and can be found, the summons
  shall be served on the person personally or by registered or
  certified mail, return receipt requested, at least five days before
  the date of the adjudication hearing.
         (b)  Service of the summons may be made by any suitable
  person under the direction of the court.
         Sec. 65.059.  REPRESENTATION BY ATTORNEY. (a) A child may be
  represented by an attorney in a case under this chapter.  
  Representation by an attorney is not required.
         (b)  A child is not entitled to have an attorney appointed to
  represent the child, but the court may appoint an attorney if the
  court determines it is in the best interest of the child.
         (c)  The court may order a child's parent or other
  responsible person to pay for the cost of an attorney appointed
  under this section if the court determines that the person has
  sufficient financial resources.
         Sec. 65.060.  CHILD'S ANSWER.  After the petition has been
  filed, the child may answer, orally or in writing, the petition at
  or before the commencement of the hearing.  If the child does not
  answer, a general denial of the alleged truant conduct is assumed.
         Sec. 65.061.  GUARDIAN AD LITEM. (a)  If a child appears
  before the truancy court without a parent or guardian, or it appears
  to the court that the child's parent or guardian is incapable or
  unwilling to make decisions in the best interest of the child with
  respect to proceedings under this chapter, the court may appoint a
  guardian ad litem to protect the interests of the child in the
  proceedings.
         (b)  An attorney for a child may also be the child's guardian
  ad litem. A law enforcement officer, probation officer, or other
  employee of the truancy court may not be appointed as a guardian ad
  litem.
         (c)  The court may order a child's parent or other person
  responsible to support the child to reimburse the county or
  municipality for the cost of the guardian ad litem.  The court may
  issue the order only after determining that the parent or other
  responsible person has sufficient financial resources to offset the
  cost of the child's guardian ad litem wholly or partly.
         Sec. 65.062.  ATTENDANCE AT HEARING. (a)  The child must be
  personally present at the adjudication hearing. The truancy court
  may not proceed with the adjudication hearing in the absence of the
  child.
         (b)  A parent or guardian of a child and any court-appointed
  guardian ad litem of a child is required to attend the adjudication
  hearing.
         (c)  Subsection (b) does not apply to:
               (1)  a person for whom, for good cause shown, the court
  excuses attendance;
               (2)  a person who is not a resident of this state; or
               (3)  a parent of a child for whom a managing conservator
  has been appointed and the parent is not a conservator of the child.
         Sec. 65.063.  RIGHT TO REEMPLOYMENT. (a)  An employer may
  not terminate the employment of a permanent employee because the
  employee is required under Section 65.062(b) to attend a hearing.
         (b)  Notwithstanding any other law, an employee whose
  employment is terminated in violation of this section is entitled
  to return to the same employment that the employee held when
  notified of the hearing if the employee, as soon as practical after
  the hearing, gives the employer actual notice that the employee
  intends to return.
         (c)  A person who is injured because of a violation of this
  section is entitled to:
               (1)  reinstatement to the person's former position;
               (2)  damages not to exceed an amount equal to six times
  the amount of monthly compensation received by the person on the
  date of the hearing; and
               (3)  reasonable attorney's fees in an amount approved
  by the court.
         (d)  It is a defense to an action brought under this section
  that the employer's circumstances changed while the employee
  attended the hearing and caused reemployment to be impossible or
  unreasonable. To establish a defense under this subsection, an
  employer must prove that the termination of employment was because
  of circumstances other than the employee's attendance at the
  hearing.
         Sec. 65.064.  SUBPOENA OF WITNESS. A witness may be
  subpoenaed in accordance with the procedures for the subpoena of a
  witness under the Code of Criminal Procedure.
         Sec. 65.065.  CHILD ALLEGED TO BE MENTALLY ILL. (a)  A party
  may make a motion requesting that a petition alleging a child to
  have engaged in truant conduct be dismissed because the child has a
  mental illness, as defined by Section 571.003, Health and Safety
  Code.  In response to the motion, the truancy court shall
  temporarily stay the proceedings to determine whether probable
  cause exists to believe the child has a mental illness. In making a
  determination, the court may:
               (1)  consider the motion, supporting documents,
  professional statements of counsel, and witness testimony; and
               (2)  observe the child.
         (b)  If the court determines that probable cause exists to
  believe that the child has a mental illness, the court shall dismiss
  the petition. If the court determines that evidence does not exist
  to support a finding that the child has a mental illness, the court
  shall dissolve the stay and continue with the truancy court
  proceedings.
  SUBCHAPTER C. ADJUDICATION HEARING AND REMEDIES
         Sec. 65.101.  ADJUDICATION HEARING; JUDGMENT.  (a)  A child
  may be found to have engaged in truant conduct only after an
  adjudication hearing conducted in accordance with the provisions of
  this chapter.
         (b)  At the beginning of the adjudication hearing, the judge
  of the truancy court shall explain to the child and the child's
  parent, guardian, or guardian ad litem:
               (1)  the allegations made against the child;
               (2)  the nature and possible consequences of the
  proceedings;
               (3)  the child's privilege against self-incrimination;
               (4)  the child's right to trial and to confrontation of
  witnesses;
               (5)  the child's right to representation by an attorney
  if the child is not already represented; and
               (6)  the child's right to a jury trial.
         (c)  Trial is by jury unless jury is waived in accordance
  with Section 65.008.  Jury verdicts under this chapter must be
  unanimous.
         (d)  The Texas Rules of Evidence do not apply in a truancy
  proceeding under this chapter except:
               (1)  when the judge hearing the case determines that a
  particular rule of evidence applicable to criminal cases must be
  followed to ensure that the proceedings are fair to all parties; or
               (2)  as otherwise provided by this chapter.
         (e)  A child alleged to have engaged in truant conduct need
  not be a witness against nor otherwise incriminate himself or
  herself.  An extrajudicial statement of the child that was obtained
  in violation of the constitution of this state or the United States
  may not be used in an adjudication hearing.  A statement made by the
  child out of court is insufficient to support a finding of truant
  conduct unless it is corroborated wholly or partly by other
  evidence.
         (f)  At the conclusion of the adjudication hearing, the court
  or jury shall find whether the child has engaged in truant conduct.
  The finding must be based on competent evidence admitted at the
  hearing. The child shall be presumed to have not engaged in truant
  conduct and no finding that a child has engaged in truant conduct
  may be returned unless the state has proved the conduct beyond a
  reasonable doubt.  In all jury cases the jury will be instructed
  that the burden is on the state to prove that a child has engaged in
  truant conduct beyond a reasonable doubt.
         (g)  If the court or jury finds that the child did not engage
  in truant conduct, the court shall dismiss the case with prejudice.
         (h)  If the court or jury finds that the child did engage in
  truant conduct, the court shall proceed to issue a judgment finding
  the child has engaged in truant conduct and order the remedies the
  court finds appropriate under Section 65.103. The jury is not
  involved in ordering remedies for a child who has been adjudicated
  as having engaged in truant conduct.
         Sec. 65.102.  REMEDIAL ACTIONS. (a)  The truancy court
  shall determine and order appropriate remedial actions in regard to
  a child who has been found to have engaged in truant conduct.
         (b)  The truancy court shall orally pronounce the court's
  remedial actions in the child's presence and enter those actions in
  a written order.
         (c)  After pronouncing the court's remedial actions, the
  court shall advise the child and the child's parent, guardian, or
  guardian ad litem of:
               (1)  the child's right to appeal, as detailed in
  Subchapter D; and
               (2)  the procedures for the sealing of the child's
  records under Section 65.201.
         Sec. 65.103.  REMEDIAL ORDER. (a)  A truancy court may
  enter a remedial order requiring a child who has been found to have
  engaged in truant conduct to:
               (1)  attend school without unexcused absences;
               (2)  attend a preparatory class for the high school
  equivalency examination administered under Section 7.111,
  Education Code, if the court determines that the individual is
  unlikely to do well in a formal classroom environment due to the
  individual's age;
               (3)  if the child is at least 16 years of age, take the
  high school equivalency examination administered under Section
  7.111, Education Code, if that is in the best interest of the child;
               (4)  attend a nonprofit, community-based special
  program that the court determines to be in the best interest of the
  child, including:
                     (A)  an alcohol and drug abuse program;
                     (B)  a rehabilitation program;
                     (C)  a counseling program, including a
  self-improvement program;
                     (D)  a program that provides training in
  self-esteem and leadership;
                     (E)  a work and job skills training program;
                     (F)  a program that provides training in
  parenting, including parental responsibility;
                     (G)  a program that provides training in manners;
                     (H)  a program that provides training in violence
  avoidance;
                     (I)  a program that provides sensitivity
  training; and
                     (J)  a program that provides training in advocacy
  and mentoring;
               (5)  complete not more than 50 hours of community
  service on a project acceptable to the court; and
               (6)  participate for a specified number of hours in a
  tutorial program covering the academic subjects in which the child
  is enrolled that are provided by the school the child attends.
         (b)  A truancy court may not order a child who has been found
  to have engaged in truant conduct to:
               (1)  attend a juvenile justice alternative education
  program, a boot camp, or a for-profit truancy class; or
               (2)  perform more than 16 hours of community service
  per week under this section.
         (c)  In addition to any other order authorized by this
  section, a truancy court may order the Department of Public Safety
  to suspend the driver's license or permit of a child who has been
  found to have engaged in truant conduct. If the child does not have
  a driver's license or permit, the court may order the Department of
  Public Safety to deny the issuance of a license or permit to the
  child.  The period of the license or permit suspension or the order
  that the issuance of a license or permit be denied may not extend
  beyond the maximum time period that a remedial order is effective as
  provided by Section 65.104.
         Sec. 65.104.  MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A
  truancy court's remedial order under Section 65.103 is effective
  until the later of:
               (1)  the date specified by the court in the order, which
  may not be later than the 180th day after the date the order is
  entered; or
               (2)  the last day of the school year in which the order
  was entered.
         Sec. 65.105.  ORDERS AFFECTING PARENTS AND OTHERS. (a)  If
  a child has been found to have engaged in truant conduct, the
  truancy court may:
               (1)  order the child and the child's parent to attend a
  class for students at risk of dropping out of school that is
  designed for both the child and the child's parent;
               (2)  order any person found by the court to have, by a
  wilful act or omission, contributed to, caused, or encouraged the
  child's truant conduct to do any act that the court determines to be
  reasonable and necessary for the welfare of the child or to refrain
  from doing any act that the court determines to be injurious to the
  child's welfare;
               (3)  enjoin all contact between the child and a person
  who is found to be a contributing cause of the child's truant
  conduct, unless that person is related to the child within the third
  degree by consanguinity or affinity, in which case the court may
  contact the Department of Family and Protective Services, if
  necessary;
               (4)  after notice to, and a hearing with, 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 child's rehabilitation;
               (5)  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
  ordered to participate if the court finds the child's parent or
  person responsible for the child's support is able to pay the costs;
               (6)  order the child's parent 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 child's unexcused absences and in
  developing strategies for resolving those problems; and
               (7)  order the child's parent to perform not more than
  50 hours of community service with the child.
         (b)  A person subject to an order proposed under Subsection
  (a) is entitled to a hearing before the order is entered by the
  court.
         (c)  On a finding by the court that a child's parents have
  made a reasonable good faith effort to prevent the child from
  engaging in truant conduct and that, despite the parents' efforts,
  the child continues to engage in truant conduct, the court shall
  waive any requirement for community service that may be imposed on a
  parent under this section.
         Sec. 65.106.  LIABILITY FOR CLAIMS ARISING FROM COMMUNITY
  SERVICE. (a)  A municipality or county that establishes a program
  to assist children and their parents in rendering community service
  under this subchapter may purchase an insurance policy protecting
  the municipality or county against a claim brought by a person other
  than the child or the child's parent for a cause of action that
  arises from an act of the child or parent while rendering the
  community service. The municipality or county is not liable for the
  claim to the extent that damages are recoverable under a contract of
  insurance or under a plan of self-insurance authorized by statute.
         (b)  The liability of the municipality or county for a claim
  that arises from an action of the child or the child's parent while
  rendering community service may not exceed $100,000 to a single
  person and $300,000 for a single occurrence in the case of personal
  injury or death, and $10,000 for a single occurrence of property
  damage. Liability may not extend to punitive or exemplary damages.
         (c)  This section does not waive a defense, immunity, or
  jurisdictional bar available to the municipality or county or its
  officers or employees, nor shall this section be construed to
  waive, repeal, or modify any provision of Chapter 101, Civil
  Practice and Remedies Code.
         Sec. 65.107.  COURT COST. (a)  If a child is found to have
  engaged in truant conduct, the truancy court, after giving the
  child, parent, or other person responsible for the child's support
  a reasonable opportunity to be heard, shall order the child,
  parent, or other person, if financially able to do so, to pay a
  court cost of $50 to the clerk of the court.
         (b)  The court's order to pay the $50 court cost is not
  effective unless the order is reduced to writing and signed by the
  judge. The written order to pay the court cost may be part of the
  court's order detailing the remedial actions in the case.
         (c)  The clerk of the court shall keep a record of the court
  costs collected under this section and shall forward the funds to
  the county treasurer, municipal treasurer, or person fulfilling the
  role of a county treasurer or municipal treasurer, as appropriate.
         (d)  The court costs collected under this section shall be
  deposited in a special account that can be used only to offset the
  cost of the operations of the truancy court.
         Sec. 65.108.  HEARING TO MODIFY REMEDY. (a)  A truancy
  court may hold a hearing to modify any remedy imposed by the court.
  A remedy may only be modified during the period the order is
  effective under Section 65.104.
         (b)  There is no right to a jury at a hearing under this
  section.
         (c)  A hearing to modify a remedy imposed by the court shall
  be held on the petition of the state, the court, or the child and the
  child's parent, guardian, guardian ad litem, or attorney.
  Reasonable notice of a hearing to modify disposition shall be given
  to all parties.
         (d)  Notwithstanding any other law, in considering a motion
  to modify a remedy imposed by the court, the truancy court may
  consider a written report from a school district official or
  employee, juvenile case manager, or professional consultant in
  addition to the testimony of witnesses. The court shall provide the
  attorney for the child and the prosecuting attorney with access to
  all written matters to be considered by the court. The court may
  order counsel not to reveal items to the child or to the child's
  parent, guardian, or guardian ad litem if the disclosure would
  materially harm the treatment and rehabilitation of the child or
  would substantially decrease the likelihood of receiving
  information from the same or similar sources in the future.
         (e)  The truancy court shall pronounce in court, in the
  presence of the child, the court's changes to the remedy, if any.
  The court shall specifically state the new remedy and the court's
  reasons for modifying the remedy in a written order. The court
  shall furnish a copy of the order to the child.
         Sec. 65.109.  MOTION FOR NEW TRIAL. The order of a truancy
  court may be challenged by filing a motion for new trial. Rules
  505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion
  for new trial.
  SUBCHAPTER D.  APPEAL
         Sec. 65.151.  RIGHT TO APPEAL. (a)  The child, the child's
  parent or guardian, or the state may appeal any order of a truancy
  court. A person subject to an order entered under Section 65.105
  may appeal that order.
         (b)  An appeal from a truancy court shall be to a juvenile
  court. The case must be tried de novo in the juvenile court. This
  chapter applies to the de novo trial in the juvenile court. On
  appeal, the judgment of the truancy court is vacated.
         (c)  A judgment of a juvenile court in a trial conducted
  under Subsection (b) may be appealed in the same manner as an appeal
  under Chapter 56.
         Sec. 65.152.  GOVERNING LAW. Rule 506, Texas Rules of Civil
  Procedure, applies to the appeal of an order of a truancy court to a
  juvenile court in the same manner as the rule applies to an appeal
  of a judgment of a justice court to a county court, except an appeal
  bond is not required.
         Sec. 65.153.  COUNSEL ON APPEAL. (a)  A child may be
  represented by counsel on appeal.
         (b)  If the child and the child's parent, guardian, or
  guardian ad litem request an appeal, the attorney who represented
  the child before the truancy court, if any, shall file a notice of
  appeal with the court that will hear the appeal and inform that
  court whether that attorney will handle the appeal.
         (c)  An appeal serves to vacate the order of the truancy
  court.
  SUBCHAPTER E.  RECORDS
         Sec. 65.201.  SEALING OF RECORDS. (a)  A child who has been
  found to have engaged in truant conduct may apply, on or after the
  child's 18th birthday, to the truancy court that made the finding to
  seal the records relating to the allegation and finding of truant
  conduct held by:
               (1)  the court;
               (2)  the truant conduct prosecutor; and
               (3)  the school district.
         (b)  The application must include the following information
  or an explanation of why one or more of the following is not
  included:
               (1)  the child's:
                     (A)  full name;
                     (B)  sex;
                     (C)  race or ethnicity;
                     (D)  date of birth;
                     (E)  driver's license or identification card
  number; and
                     (F)  social security number;
               (2)  the dates on which the truant conduct was alleged
  to have occurred; and
               (3)  if known, the cause number assigned to the
  petition and the court and county in which the petition was filed.
         (c)  The truancy court shall order that the records be sealed
  after determining the child complied with the remedies ordered by
  the court in the case.
         (d)  All index references to the records of the truancy court
  that are ordered sealed shall be deleted not later than the 30th day
  after the date of the sealing order.
         (e)  A truancy court, clerk of the court, truant conduct
  prosecutor, or school district shall reply to a request for
  information concerning a child's sealed truant conduct case that no
  record exists with respect to the child.
         (f)  Inspection of the sealed records may be permitted by an
  order of the truancy court on the petition of the person who is the
  subject of the records and only by those persons named in the order.
         (g)  A person whose records have been sealed under this
  section is not required in any proceeding or in any application for
  employment, information, or licensing to state that the person has
  been the subject of a proceeding under this chapter.  Any statement
  that the person has never been found to have engaged in truant
  conduct may not be held against the person in any criminal or civil
  proceeding.
         (h)  On or after the fifth anniversary of a child's 16th
  birthday, on the motion of the child or on the truancy court's own
  motion, the truancy court may order the destruction of the child's
  records that have been sealed under this section if the child has
  not been convicted of a felony.
         Sec. 65.202.  CONFIDENTIALITY OF RECORDS. Records and files
  created under this chapter may be disclosed only to:
               (1)  the judge of the truancy court, the truant conduct
  prosecutor, and the staff of the judge and prosecutor;
               (2)  the child or an attorney for the child;
               (3)  a governmental agency if the disclosure is
  required or authorized by law;
               (4)  a person or entity to whom the child is referred
  for treatment or services if the agency or institution disclosing
  the information has entered into a written confidentiality
  agreement with the person or entity regarding the protection of the
  disclosed information;
               (5)  the Texas Department of Criminal Justice and the
  Texas Juvenile Justice Department for the purpose of maintaining
  statistical records of recidivism and for diagnosis and
  classification;
               (6)  the agency; or
               (7)  with leave of the truancy court, any other person,
  agency, or institution having a legitimate interest in the
  proceeding or in the work of the court.
         Sec. 65.203.  DESTRUCTION OF CERTAIN RECORDS. A truancy
  court shall order the destruction of records relating to
  allegations of truant conduct that are held by the court or by the
  prosecutor if a prosecutor decides not to file a petition for an
  adjudication of truant conduct after a review of the referral under
  Section 65.053.
  SUBCHAPTER F.  ENFORCEMENT OF ORDERS
         Sec. 65.251.  FAILURE TO OBEY TRUANCY COURT ORDER; CHILD IN
  CONTEMPT OF COURT. (a)  If a child fails to obey an order issued by
  a truancy court under Section 65.103(a) or a child is in direct
  contempt of court, the truancy court, after providing notice and an
  opportunity for a hearing, may hold the child in contempt of court
  and order either or both of the following:
               (1)  that the child pay a fine not to exceed $100; or
               (2)  that the Department of Public Safety suspend the
  child's driver's license or permit or, if the child does not have a
  license or permit, order that the Department of Public Safety deny
  the issuance of a license or permit to the child until the child
  fully complies with the court's orders.
         (b)  If a child fails to obey an order issued by a truancy
  court under Section 65.103(a) or a child is in direct contempt of
  court and the child has failed to obey an order or has been found in
  direct contempt of court on two or more previous occasions, the
  truancy court, after providing notice and an opportunity for a
  hearing, may refer the child to the juvenile probation department
  as a request for truancy intervention, unless the child failed to
  obey the truancy court order or was in direct contempt of court
  while 17 years of age or older.
         (c)  On referral of the child to the juvenile probation
  department, the truancy court shall provide to the juvenile
  probation department:
               (1)  documentation of all truancy prevention measures
  taken by the originating school district;
               (2)  documentation of all truancy orders for each of
  the child's previous truancy referrals, including:
                     (A)  court remedies and documentation of the
  child's failure to comply with the truancy court's orders, if
  applicable, demonstrating all interventions that were exhausted by
  the truancy court; and
                     (B)  documentation describing the child's direct
  contempt of court, if applicable;
               (3)  the name, birth date, and last known address of the
  child and the school in which the child is enrolled; and
               (4)  the name and last known address of the child's
  parent or guardian.
         (d)  The juvenile probation department may, on review of
  information provided under Subsection (c):
               (1)  offer further remedies related to the local plan
  for truancy intervention strategies adopted under Section 25.0916,
  Education Code; or
               (2)  refer the child to a juvenile court for a hearing
  to be conducted under Section 65.252.
         (e)  A truancy court may not order the confinement of a child
  for the child's failure to obey an order of the court issued under
  Section 65.103(a).
         Sec. 65.252.  PROCEEDINGS IN JUVENILE COURT. (a)  After a
  referral by the local juvenile probation department, the juvenile
  court prosecutor shall determine if probable cause exists to
  believe that the child engaged in direct contempt of court or failed
  to obey an order of the truancy court under circumstances that would
  constitute contempt of court. On a finding that probable cause
  exists, the prosecutor shall determine whether to request an
  adjudication. Not later than the 20th day after the date the
  juvenile court receives a request for adjudication from the
  prosecutor, the juvenile court shall conduct a hearing to determine
  if the child engaged in conduct that constitutes contempt of the
  order issued by the truancy court or engaged in direct contempt of
  court.
         (b)  If the juvenile court finds that the child engaged in
  conduct that constitutes contempt of the order issued by the
  truancy court or direct contempt of court, the juvenile court
  shall:
               (1)  enter an order requiring the child to comply with
  the truancy court's order;
               (2)  forward a copy of the order to the truancy court
  within five days; and
               (3)  admonish the child, orally and in writing, of the
  consequences of subsequent referrals to the juvenile court,
  including:
                     (A)  a possible charge of delinquent conduct for
  contempt of the truancy court's order or direct contempt of court;
  and
                     (B)  a possible detention hearing.
         (c)  If the juvenile court prosecutor finds that probable
  cause does not exist to believe that the child engaged in direct
  contempt or in conduct that constitutes contempt of the order
  issued by the truancy court, or if the juvenile probation
  department finds that extenuating circumstances caused the
  original truancy referral, the juvenile court shall enter an order
  requiring the child's continued compliance with the truancy court's
  order and notify the truancy court not later than the fifth day
  after the date the order is entered.
         (d)  This section does not limit the discretion of a juvenile
  prosecutor or juvenile court to prosecute a child for conduct under
  Section 51.03.
         Sec. 65.253.  PARENT OR OTHER PERSON IN CONTEMPT OF COURT.
  (a)  A truancy court may enforce the following orders by contempt:
               (1)  an order that a parent of a child, guardian of a
  child, or any court-appointed guardian ad litem of a child attend an
  adjudication hearing under Section 65.062(b);
               (2)  an order requiring a person other than a child to
  take a particular action under Section 65.105(a);
               (3)  an order that a child's parent, or other person
  responsible to support the child, reimburse the municipality or
  county for the cost of the guardian ad litem appointed for the child
  under Section 65.061(c); and
               (4)  an order that a parent, or person other than the
  child, pay the $50 court cost under Section 65.107.
         (b)  A truancy court may find a parent or person other than
  the child in direct contempt of the court.
         (c)  The penalty for a finding of contempt under Subsection
  (a) or (b) is a fine in an amount not to exceed $100.
         (d)  In addition to the assessment of a fine under Subsection
  (c), direct contempt of the truancy court by a parent or person
  other than the child is punishable by:
               (1)  confinement in jail for a maximum of three days;
               (2)  a maximum of 40 hours of community service; or
               (3)  both confinement and community service.
         Sec. 65.254.  WRIT OF ATTACHMENT. A truancy court may issue
  a writ of attachment for a person who violates an order entered
  under Section 65.057(c). The writ of attachment is executed in the
  same manner as in a criminal proceeding as provided by Chapter 24,
  Code of Criminal Procedure.
         Sec. 65.255.  ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR
  OTHER ELIGIBLE PERSON. (a)  The truancy court shall:
               (1)  provide notice to a person who is the subject of a
  proposed truancy court order under Section 65.253; and
               (2)  provide a sufficient opportunity for the person to
  be heard regarding the proposed order.
         (b)  A truancy court order under Section 65.253 must be in
  writing and a copy promptly furnished to the parent or other
  eligible person.
         (c)  The truancy court may require the parent or other
  eligible person to provide suitable identification to be included
  in the court's file. Suitable identification includes
  fingerprints, a driver's license number, a social security number,
  or similar indicia of identity.
         Sec. 65.256.  APPEAL. (a)  The parent or other eligible
  person against whom a final truancy court order has been entered
  under Section 65.253 may appeal as provided by law from judgments
  entered by a justice court in civil cases.
         (b)  Rule 506, Texas Rules of Civil Procedure, applies to an
  appeal under this section, except an appeal bond is not required.
         (c)  The pendency of an appeal initiated under this section
  does not abate or otherwise affect the proceedings in the truancy
  court involving the child.
         Sec. 65.257.  MOTION FOR ENFORCEMENT. (a)  The state may
  initiate enforcement of a truancy court order under Section 65.253
  against a parent or person other than the child by filing a written
  motion. In ordinary and concise language, the motion must:
               (1)  identify the provision of the order allegedly
  violated and sought to be enforced;
               (2)  state specifically and factually the manner of the
  person's alleged noncompliance;
               (3)  state the relief requested; and
               (4)  contain the signature of the party filing the
  motion.
         (b)  The state must allege the particular violation by the
  person of the truancy court order that the state had a reasonable
  basis for believing the person was violating when the motion was
  filed.
         (c)  The truancy court may also initiate enforcement of an
  order under this section on its own motion.
         Sec. 65.258.  NOTICE AND APPEARANCE. (a)  On the filing of a
  motion for enforcement, the truancy court shall by written notice
  set the date, time, and place of the hearing and order the person
  against whom enforcement is sought to appear and respond to the
  motion.
         (b)  The notice must be given by personal service or by
  certified mail, return receipt requested, on or before the 10th day
  before the date of the hearing on the motion. The notice must
  include a copy of the motion for enforcement. Personal service must
  comply with the Code of Criminal Procedure.
         (c)  If a person moves to strike or specially excepts to the
  motion for enforcement, the truancy court shall rule on the
  exception or motion to strike before the court hears evidence on the
  motion for enforcement. If an exception is sustained, the court
  shall give the movant an opportunity to replead and continue the
  hearing to a designated date and time without the requirement of
  additional service.
         (d)  If a person who has been personally served with notice
  to appear at the hearing does not appear, the truancy court may not
  hold the person in contempt, but may issue a warrant for the arrest
  of the person.
         Sec. 65.259.  CONDUCT OF ENFORCEMENT HEARING. (a)  The
  movant must prove beyond a reasonable doubt that the person against
  whom enforcement is sought engaged in conduct constituting contempt
  of a reasonable and lawful court order as alleged in the motion for
  enforcement.
         (b)  The person against whom enforcement is sought has a
  privilege not to be called as a witness or otherwise to incriminate
  himself or herself.
         (c)  The truancy court shall conduct the enforcement hearing
  without a jury.
         (d)  The truancy court shall include in the court's judgment:
               (1)  findings for each violation alleged in the motion
  for enforcement; and
               (2)  the punishment, if any, to be imposed.
         (e)  If the person against whom enforcement is sought was not
  represented by counsel during any previous court proceeding
  involving a motion for enforcement, the person may, through
  counsel, raise any defense or affirmative defense to the proceeding
  that could have been asserted in the previous court proceeding that
  was not asserted because the person was not represented by counsel.
         (f)  It is an affirmative defense to enforcement of a truancy
  court order under Section 65.253 that the court did not provide the
  parent or other eligible person with due process of law in the
  proceeding in which the court entered the order.
         SECTION 28.  Section 264.304(c), Family Code, is amended to
  read as follows:
         (c)  The court shall determine that the child is an at-risk
  child if the court finds that the child has engaged in the following
  conduct:
               (1)  conduct, other than a traffic offense and except
  as provided by Subsection (d), that violates:
                     (A)  the penal laws of this state; or
                     (B)  the penal ordinances of any political
  subdivision of this state;
               (2)  the unexcused voluntary absence of the child on 10
  or more days or parts of days within a six-month period [or three or
  more days or parts of days within a four-week period] from school
  without the consent of the child's parent, managing conservator, or
  guardian;
               (3)  the voluntary absence of the child from the child's
  home without the consent of the child's parent, managing
  conservator, or guardian for a substantial length of time or
  without intent to return;
               (4)  conduct that violates the laws of this state
  prohibiting driving while intoxicated or under the influence of
  intoxicating liquor (first or second offense) or driving while
  under the influence of any narcotic drug or of any other drug to a
  degree that renders the child incapable of safely driving a vehicle
  (first or second offense); or
               (5)  conduct that evidences a clear and substantial
  intent to engage in any behavior described by Subdivisions (1)-(4).
         SECTION 29.  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
  million or more has original jurisdiction over cases alleging a
  violation of Section 25.093 [or 25.094], Education Code, or
  alleging truant conduct under Section 65.003(a), Family Code.
         SECTION 30.  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 65.003(a) [25.094], Family [Education]
  Code.
         SECTION 31.  Subtitle B, Title 2, Government Code, is
  amended by adding Chapter 36 to read as follows:
  CHAPTER 36. JUDICIAL DONATION TRUST FUNDS
         Sec. 36.001.  ESTABLISHMENT OF TRUST FUNDS. (a) The
  governing body of a municipality or the commissioners court of a
  county may establish a judicial donation trust fund as a separate
  account held outside the municipal or county treasury to be used in
  accordance with this chapter.
         (b)  The governing body of a municipality or the
  commissioners court of a county may accept a gift, grant, donation,
  or other consideration from a public or private source that is
  designated for the judicial donation trust fund.
         (c)  Money received under Subsection (b) shall be deposited
  in the judicial donation trust fund and may only be disbursed in
  accordance with this chapter.
         (d)  Interest and income from the assets of the judicial
  donation trust fund shall be credited to and deposited in the trust
  fund.
         Sec. 36.002.  PROCEDURES AND ELIGIBILITY. The governing
  body of a municipality or the commissioners court of a county shall:
               (1)  adopt the procedures necessary to receive and
  disburse money from the judicial donation trust fund under this
  chapter; and
               (2)  establish eligibility requirements for
  disbursement of money under this chapter to assist needy children
  or families who appear before a county, justice, or municipal court
  for a criminal offense or truant conduct, as applicable, by
  providing money for resources and services that eliminate barriers
  to school attendance or that seek to prevent criminal behavior.
         Sec. 36.003.  USE OF FUNDS IN ACCOUNT. (a)  The judge of a
  county, justice, or municipal court, in accordance with Section
  36.002, may award money from a judicial donation trust fund
  established under Section 36.001 to eligible children or families
  who appear before the court for a truancy or curfew violation or in
  another misdemeanor offense proceeding before the court.
         (b)  A judge of a county, justice, or municipal court may
  order the municipal or county treasurer to issue payment from the
  judicial donation trust fund for money awarded under this section.
         SECTION 32.  Section 54.1172(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint one or more part-time or
  full-time magistrates to hear a matter alleging a violation of
  Section 25.093 [or 25.094], Education Code, or alleging truant
  conduct under Section 65.003(a), Family Code.
         SECTION 33.  Section 54.1952(a), Government Code, is amended
  to read as follows:
         (a)  The county judge may appoint one or more part-time or
  full-time magistrates to hear a matter alleging a violation of
  Section 25.093 [or 25.094], Education Code, or alleging truant
  conduct under Section 65.003(a), Family Code, referred to the
  magistrate by a court having jurisdiction over the matter.
         SECTION 34.  Section 54.1955, Government Code, 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)  for a violation of Section 25.093, Education Code,
  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;
               (10)  for an uncontested adjudication of truant conduct
  under Section 65.003, Family Code, accept a plea to the petition or
  a stipulation of evidence, and take any other action authorized
  under Chapter 65, Family Code; and
               (11)  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 remedial options [requirements] in Section 65.103,
  Family Code [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, or a case of truant conduct
  under Section 65.003, Family Code, a magistrate may not rule on the
  issue but may make findings, conclusions, and recommendations on
  the issue.
         SECTION 35.  Section 54.1956, Government Code, is amended to
  read as follows:
         Sec. 54.1956.  NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
  CONDUCT. (a)  On entry of a not guilty plea for a violation of
  Section 25.093, Education Code, the magistrate shall refer the case
  back to the referring court for all further pretrial proceedings
  and a full trial on the merits before the court or a jury.
         (b)  On denial by a child of truant conduct, as defined by
  Section 65.003(a), Family Code, the magistrate shall refer the case
  to the appropriate truancy court for adjudication.
         SECTION 36.  Section 71.0352, Government Code, is amended to
  read as follows:
         Sec. 71.0352.  JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL,
  AND TRUANCY [JUVENILE] COURTS. As a component of the official
  monthly report submitted to the Office of Court Administration of
  the Texas Judicial System:
               (1)  a justice court, [and] municipal court, or truancy
  court [courts] shall report the number of cases filed for [the
  following offenses]:
                     (A)  truant conduct under Section 65.003(a),
  Family Code [failure to attend school under Section 25.094,
  Education Code];
                     (B)  the offense of parent contributing to
  nonattendance under Section 25.093, Education Code; and
                     (C)  a 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 court, [or] municipal court, or truancy court under
  circumstances that would constitute contempt of court, the justice
  court, [or] municipal court, or truancy 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, or [and] Section 65.251 [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, or Section 65.251, Family Code.
         SECTION 37.  Section 102.021, Government Code, is amended to
  read as follows:
         Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
  PROCEDURE. A person convicted of an offense shall pay the following
  under the Code of Criminal Procedure, in addition to all other
  costs:
               (1)  court cost on conviction of any offense, other
  than a conviction of an offense relating to a pedestrian or the
  parking of a motor vehicle (Art. 102.0045, Code of Criminal
  Procedure) . . . $4;
               (2)  a fee for services of prosecutor (Art. 102.008,
  Code of Criminal Procedure) . . . $25;
               (3)  fees for services of peace officer:
                     (A)  issuing a written notice to appear in court
  for certain violations (Art. 102.011, Code of Criminal Procedure)
  . . . $5;
                     (B)  executing or processing an issued arrest
  warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
  Procedure) . . . $50;
                     (C)  summoning a witness (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (D)  serving a writ not otherwise listed (Art.
  102.011, Code of Criminal Procedure) . . . $35;
                     (E)  taking and approving a bond and, if
  necessary, returning the bond to courthouse (Art. 102.011, Code of
  Criminal Procedure) . . . $10;
                     (F)  commitment or release (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (G)  summoning a jury (Art. 102.011, Code of
  Criminal Procedure) . . . $5;
                     (H)  attendance of a prisoner in habeas corpus
  case if prisoner has been remanded to custody or held to bail (Art.
  102.011, Code of Criminal Procedure) . . . $8 each day;
                     (I)  mileage for certain services performed (Art.
  102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
                     (J)  services of a sheriff or constable who serves
  process and attends examining trial in certain cases (Art. 102.011,
  Code of Criminal Procedure) . . . not to exceed $5;
               (4)  services of a peace officer in conveying a witness
  outside the county (Art. 102.011, Code of Criminal Procedure) . . .
  $10 per day or part of a day, plus actual necessary travel expenses;
               (5)  overtime of peace officer for time spent
  testifying in the trial or traveling to or from testifying in the
  trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
               (6)  court costs on an offense relating to rules of the
  road, when offense occurs within a school crossing zone (Art.
  102.014, Code of Criminal Procedure) . . . $25;
               (7)  court costs on an offense of passing a school bus
  (Art. 102.014, Code of Criminal Procedure) . . . $25;
               (8)  court costs on an offense of parent contributing
  to student nonattendance [truancy or contributing to truancy] (Art.
  102.014, Code of Criminal Procedure) . . . $20;
               (9)  cost for visual recording of intoxication arrest
  before conviction (Art. 102.018, Code of Criminal Procedure) . . .
  $15;
               (10)  cost of certain evaluations (Art. 102.018, Code
  of Criminal Procedure) . . . actual cost;
               (11)  additional costs attendant to certain
  intoxication convictions under Chapter 49, Penal Code, for
  emergency medical services, trauma facilities, and trauma care
  systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
               (12)  additional costs attendant to certain child
  sexual assault and related convictions, for child abuse prevention
  programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
               (13)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
               (14)  court cost for DNA testing for the offense of
  public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
  Criminal Procedure) . . . $50;
               (15)  court cost for DNA testing for certain felonies
  (Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
               (16)  if required by the court, a restitution fee for
  costs incurred in collecting restitution installments and for the
  compensation to victims of crime fund (Art. 42.037, Code of
  Criminal Procedure) . . . $12;
               (17)  if directed by the justice of the peace or
  municipal court judge hearing the case, court costs on conviction
  in a criminal action (Art. 45.041, Code of Criminal Procedure)
  . . . part or all of the costs as directed by the judge; and
               (18)  costs attendant to convictions under Chapter 49,
  Penal Code, and under Chapter 481, Health and Safety Code, to help
  fund drug court programs established under Chapter 122, 123, 124,
  or 125, Government Code, or former law (Art. 102.0178, Code of
  Criminal Procedure) . . . $60.
         SECTION 38.  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 39.  Subchapter B, Chapter 103, Government Code, is
  amended by adding Section 103.035 to read as follows:
         Sec. 103.035.  ADDITIONAL COSTS IN TRUANCY CASES: FAMILY
  CODE. A party to a truancy case in a truancy court shall pay court
  costs of $50 under Section 65.107, Family Code, if ordered by the
  truancy court.
         SECTION 40.  Section 81.032, Local Government Code, is
  amended to read as follows:
         Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS. The
  commissioners court may accept a gift, grant, donation, bequest, or
  devise of money or other property on behalf of the county, including
  a donation under Chapter 36, Government Code, for the purpose of
  performing a function conferred by law on the county or a county
  officer.
         SECTION 41.  The following laws are repealed:
               (1)  Articles 45.054 and 45.055, Code of Criminal
  Procedure;
               (2)  Sections 25.094 and 25.0916(d), Education Code;
  and
               (3)  Sections 51.03(d), (e-1), and (g), 51.04(h),
  51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1),
  Family Code.
         SECTION 42.  The changes in law made by this Act apply only
  to an offense committed or conduct that occurs on or after the
  effective date of this Act.  An offense committed or conduct that
  occurs before the effective date of this Act is governed by the law
  in effect on the date the offense was committed or the conduct
  occurred, and the former law is continued in effect for that
  purpose.  For purposes of this section, an offense is committed or
  conduct occurs before the effective date of this Act if any element
  of the offense or conduct occurs before that date.
         SECTION 43.  To the extent of any conflict, this Act prevails
  over another Act of the 84th Legislature, Regular Session, 2015,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 44.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2398 was passed by the House on May
  13, 2015, by the following vote:  Yeas 140, Nays 0, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 2398 on May 27, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 2398 on May 30, 2015, by the following vote:  Yeas 118,
  Nays 27, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2398 was passed by the Senate, with
  amendments, on May 24, 2015, by the following vote:  Yeas 27, Nays
  3; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  2398 on May 30, 2015, by the following vote:  Yeas 27, Nays 4.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor