89R11489 MCF-F     By: Dutton H.B. No. 2847       A BILL TO BE ENTITLED   AN ACT   relating to truancy and parental contribution to nonattendance of   school; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  (a) Article 45A.403, Code of Criminal   Procedure, is amended to conform to Section 1, Chapter 749 (H.B.   3917), Acts of the 88th Legislature, Regular Session, 2023, to read   as follows:          Art. 45A.403.  DISMISSAL OF PARENT CONTRIBUTING TO   NONATTENDANCE CHARGE.  (a) Subject to Subsection (b) and   notwithstanding [Notwithstanding] any other law, a county,   justice, or municipal court 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 of   the defendant's child to attend school.          (b)  Notwithstanding any other law, a county, justice, or   municipal court shall dismiss a charge against a defendant alleging   the defendant committed an offense under Section 25.093, Education   Code, if the parent completes the terms of an agreement entered into   by the parent and the school district at which the parent's child   attends under Section 25.094, Education Code, within the period   required by Subsection (b) of that section. If agreed to by the   school district that is a party to the agreement, the court may   extend the period under Section 25.094(b), Education Code, during   which a parent may fulfill the terms of the agreement.          (b)  Section 1, Chapter 749 (H.B. 3917), Acts of the 88th   Legislature, Regular Session, 2023, which amended Article 45.0531,   Code of Criminal Procedure, is repealed.          SECTION 2.  Section 25.093(c), Education Code, is amended to   read as follows:          (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].          SECTION 3.  Section 25.094(b), Education Code, is amended to   read as follows:          (b)  A parent who fulfills the terms of an agreement   described by Subsection (a) not later than the 30th day after the   date on which the complaint was filed or within the period provided   by the agreement is entitled to dismissal of the complaint in   accordance with Article 45A.403(b) [45.0531(b)], Code of Criminal   Procedure.          SECTION 4.  Section 25.095(a), Education Code, is 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 without excuse   for [on] 10 percent of the school's required operation and   instructional time [or more days or parts of days] within a   [six-month period in the same] school year:                (1)  the student's parent is subject to prosecution   under Section 25.093; and                (2)  the student is subject to referral to a truancy   court for truant conduct under Section 65.003(a), Family Code.          SECTION 5.  Section 25.0951(a), Education Code, is amended   to read as follows:          (a)  If a student fails to attend school without excuse for    [on] 10 percent of the school's required operation and   instructional time [or more days or parts of days] within a   [six-month period in the same] school year, a school district shall   immediately [within 10 school days of the student's 10th absence]   refer the student to a truancy court for truant conduct under   Section 65.003(a), Family Code.          SECTION 6.  Subchapter C, Chapter 25, Education Code, is   amended by adding Section 25.096 to read as follows:          Sec. 25.096.  ANNUAL ATTENDANCE REPORT. Each school   district shall annually submit a report to the agency that   includes, for the preceding school year, the following information   disaggregated by campus and grade:                (1)  the number of students:                      (A)  who failed to attend school without excuse   for 10 percent of the school's required operation and instructional   time within a school year;                      (B)  for whom the district initiated a truancy   prevention measure; and                      (C)  for whom the district made a referral to   truancy court; and                (2)  the number of parents of students against whom a   complaint has been filed under Section 25.093.          SECTION 7.  Section 65.003(a), Family Code, is amended to   read as follows:          (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 without excuse for [on] 10 percent of the   school's required operation and instructional time [or more days or   parts of days] within a [six-month period in the same] school year.          SECTION 8.  Section 65.004(a), Family Code, is amended to   read as follows:          (a)  The commissioners court of a county shall designate one   or more justice courts in the county [The following are designated]   as the truancy courts for the county [courts:                [(1)  in a county with a population of 2.1 million or   more, the constitutional county court;                [(2)  justice courts; and                [(3)  municipal courts].          SECTION 9.  Subchapter E-1, Chapter 411, Government Code, is   amended by adding Section 411.0737 to read as follows:          Sec. 411.0737.  PROCEDURE FOR CONVICTION; PARENT   CONTRIBUTING TO NONATTENDANCE.  (a)  This section applies only to a   person who is convicted of an offense under Section 25.093,   Education Code.          (b)  Notwithstanding any other provision of this subchapter   or Subchapter F, a person described by Subsection (a) may petition   the court that imposed the sentence for an order of nondisclosure of   criminal history record information under this section if the   person completes a program approved by the court.          (c)  After notice to the state, an opportunity for a hearing,   and a determination that the person is entitled to file the petition   described by Subsection (b) and that issuance of an order of   nondisclosure of criminal history record information is in the best   interest of justice, the court shall issue an order prohibiting   criminal justice agencies from disclosing to the public criminal   history record information related to the offense for which the   person was convicted.          SECTION 10.  Section 65.004(c), Family Code, is repealed.          SECTION 11.  Sections 25.095 and 25.0951, Education Code, as   amended by this Act, and Section 65.003, Family Code, as amended by   this Act, apply beginning with the 2025-2026 school year.          SECTION 12.  The changes in law made by this Act to Article   45A.403, Code of Criminal Procedure, and Section 25.093, Education   Code, apply only to an offense committed on or after the effective   date of this Act.  An offense committed before the effective date of   this Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose.  For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 13.  As soon as practicable after the effective date   of this Act, each commissioners court shall designate justice   courts as truancy courts as required by Section 65.004, Family   Code, as amended by this Act.          SECTION 14.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 15.  This Act takes effect immediately if it   receives a vote of two-thirds of all the members elected to each   house, as provided by Section 39, Article III, Texas Constitution.     If this Act does not receive the vote necessary for immediate   effect, this Act takes effect September 1, 2025.