HBA-JLV H.B. 3461 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3461
By: Reyna, Arthur
Juvenile Justice & Family Issues
4/1/2001
Introduced

BACKGROUND AND PURPOSE 

Current law does not require school districts to file a complaint in
justice or municipal courts or make a referral to a juvenile court if a
student has missed a significant number of school days, or parts of school
days.  As a result, there are concerns that truancies are not being
addressed soon enough to prevent students from dropping out of school.
According to the Texas Education Agency, nearly 28,000 students in Texas
dropped out from 1998-1999.  Some school districts are not filing with the
courts until the student has accumulated 30 to 40 absences.  At that point
it becomes very difficult for the student to make up the work.  Also, the
school district has the authority to deny credit to the student after that
many absences. House Bill 3461 sets forth requirements for school
districts, justice or municipal courts,  and parents relating to truancy
and sets forth criminal penalties relating to student truancy and for
parents contributing to truancy. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 3461 amends the Education and Family codes and the Code of
Criminal Procedure  to set forth provisions relating to truancy and the
authority of justice and municipal courts in relation to children.   

The bill amends the Education Code to set forth the powers and duties of
peace officers and other attendance officers concerning enforcement of
compulsory school attendance requirements and removes provisions relating
to certain powers and duties of a school attendance officer (Sec. 25.091).
The bill removes requirements of the attendance officer to file a complaint
against a parent contributing to truancy and the requirement of a court to
give preference to a hearing on a complaint over other cases before the
court.  The bill provides that if the court orders deferred disposition,
rather than probating the sentence, the court is authorized to require the
defendant to provide personal services to a charitable or educational
institution as a condition of the deferral.  The bill authorizes the court
to punish the parent for contempt of court if a parent refuses to obey a
court order.  The bill provides that it is an affirmative defense to the
prosecution that one or more of the absences was excused by a school
official or should be excused by the court (Sec. 25.093).   

The bill provides that an individual, rather than a child, commits an
offense if the individual fails to attend school on 10 or more days or
parts of days within a six-month period in the same school year or on three
or more days or parts of days within a four-week period.  The bill removes
provisions requiring a justice or municipal court to transfer the complaint
against the child to a juvenile court  and removes the provision requiring
the juvenile court to conduct an adjudication hearing.  The bill authorizes
a peace officer to take an individual into custody, pursuant to an order of
the justice or municipal court based on an affidavit showing probable cause
to believe that an individual has committed an offense.  The bill provides
that it is an affirmative defense to the prosecution that one or more of
the absences was involuntary (Sec. 25.094). 

The school district is required to notify a student's parent in writing if,
in a four-week period, rather than a six month period, the student has been
absent without an excuse three, rather than five, times for any part  of
the day.  The notice must request a conference between school officials and
the student's parent to discuss the absences.  The bill removes provisions
relating to certain contents of the notice (Sec. 25.095). 

If a student fails to attend school without an excuse on 10 or more days or
parts of days within a six-month period in the same school year, the bill
authorizes a school district to file a complaint against the student in a
justice or municipal court or refer the student to a juvenile court for
conduct indicating a need for supervision.  If a student fails to attend
school without an excuse on three or more days or parts of days within a
four-week period, the bill requires a school district to file a complaint
against the student in a justice or municipal court or to refer the student
to a juvenile court for conduct indicating a need for supervision. (Sec.
25.0951). 

The bill amends the Code of Criminal Procedure to prohibit a justice or
municipal court from ordering the confinement of a child for contempt of
another order of a justice or municipal court.  If a child fails to obey an
order of a justice or municipal court, the justice or municipal court is
authorized to: 

_retain jurisdiction of the case and hold the child in contempt of the
justice or municipal order and impose a fine not to exceed $500; 

_order the child to be held in a place of nonsecure custody for a single
period not to exceed six hours; or  

_order the Department of Public Safety (DPS) to suspend the child's
driver's license or permit or, if the child does not have a license or
permit, to deny the issuance of a license or permit to the child until the
child fully complies with the orders of the court.   

A court that orders suspension or denial of a driver's license or permit is
required to notify DPS on receiving proof that the child has fully complied
with the orders of the court (Art. 45.050). 

If a justice or municipal court  finds that an individual has committed an
offense for the failure to attend school proceedings or an offense other
than the failure to attend school, the bill sets forth provisions relating
to the punishment of the individual for such an offense (Arts. 45.054 and
45.057).  The bill sets forth provisions relating to the expunction of
conviction and records if an individual has committed an offense for the
failure to attend school proceedings (Art. 45.055).  The bill sets forth
provisions to authorize a justice court, municipal court, school district,
juvenile probation department, or other appropriate governmental entity to
employ and reimburse truancy case managers (Art. 45.056). 

The bill sets forth provisions relating to children being taken into
custody for an offense in which a justice or municipal court has
jurisdiction (Art. 45.058).  The bill sets forth provisions relating to
children taken into custody for violations of juvenile curfew or order
(Art. 45.059).  

The bill amends the Family Code to remove provisions setting forth
rebuttable reasons for the absence of a child (Sec. 51.03). 

The bill authorizes a justice or municipal court to exercise jurisdiction
over a person alleged to have engaged in conduct indicating a need for
supervision by engaging in conduct in a case in which a complaint is filed
by the appropriate authority in the justice or municipal court charging an
offense for the failure of a child to attend school (Sec. 54.021). 

The bill repeals provisions relating to the enforcement of attendance law,
children taken into custody for curfew, traffic offenses, certain other
fineable offenses, and provisions relating to certain misdemeanors of
justice or municipal courts (SECTION 16). 

EFFECTIVE DATE

September 1, 2001.