HBA-JLV C.S.S.B. 1432 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1432
By: West, Royce
Juvenile Justice & Family Issues
5/9/2001
Committee Report (Substituted)



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. C.S.S.B. 1432 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

C.S.S.B. 1432 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 require the school district to record
the name, address, and date of birth of the person enrolling a child into a
public school (Sec. 25.002).  The bill sets forth the powers and duties of
peace officers and other attendance officers concerning enforcement of
compulsory school attendance requirements and modifies provisions relating
to certain powers and duties of a school attendance officer (Sec. 25.091).
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
prosecution that one or more of the absences was excused by a school
official or should be excused by the court. The burden of proof is on the
defendant (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 provides
that on a finding by a juvenile court in a county with a population of less
than 100,000 that an individual failed to attend school, then the court is
authorized to enter an order requiring the individual or the individual's
parents to attend  specified classes or programs or to perform community
service.   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. The burden of proof is on the defendant (Sec. 25.094). 

The school district is required to notify a student's parent in writing at
the beginning of the school year that if a student is absent 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, that the
student is subject to referral to a juvenile court in a county with a
population of less than 100,000. The bill requires the school district to
notify a student's parent if the student has been absent from school on
three days or parts of days within a four-week period. The notice must
inform the parent that it is the parent's duty to monitor the student's
school attendance and require the student to attend school, and state that
the parent is subject to prosecution. The notice must also request a
conference between school officials and the parent to discuss the absences
(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 or the
student's parents or both in a justice or municipal court or refer the
student to a juvenile court in a county with a population of less than
100,000 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 authorizes a school district to file a
complaint against the student or the student's parent or both in a justice
or municipal court or to refer the student to a juvenile court in a county
with a population of less than 100,000 or 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; 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 other than a traffic
offense, the bill specifies classes and programs that the individual or the
individual's parent may be required to attend (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 amends the Family Code to remove provisions setting forth
rebuttable reasons for the absence of a child. The bill provides that in a
county with a population of less than 100,000, conduct that violates
provisions relating to the failure to attend school indicates a need for
supervision and provides that the juvenile court has concurrent
jurisdiction with the justice and municipal courts over such violations
(Secs. 51.03 and 51.04).  

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).  
 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1432 modifies the original to provide that on the finding by a
juvenile court in a county with a population of less than 100,000 that the
individual has violated truancy provisions, the substitute authorizes the
court to require a person who has failed to attend school or the person's
parent to participate in certain programs (Sec. 25.094, Education Code).  

The substitute modifies provisions relating to parental notification of
student truancy.  The substitute provides that additional information must
be included in the required notice to the parent of the child (Sec. 25.095,
Education Code).  

The substitute authorizes a school district to refer the student to a
juvenile court in a county with a population of less than 100,000 for
failure to attend school (Sec. 25.0951, Education Code).  

The substitute provides that in a county with a population of less than
100,000, conduct that violates provisions relating to the failure to attend
school indicates a need for supervision (Sec. 51.03, Family Code).  

The substitute differs from the original by providing that in a county with
a population of less than 100,000, the juvenile court has concurrent
jurisdiction with the justice and municipal courts over conduct engaged in
by a child that violates provisions relating to the failure to attend
school (Sec. 51.04, Family Code).