88R9585 MCF-D     By: Creighton S.B. No. 1488       A BILL TO BE ENTITLED   AN ACT   relating to truancy and the offense of a parent contributing to   nonattendance; creating an offense; increasing a criminal penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45.0541(a), Code of Criminal Procedure,   is amended to read as follows:          (a)  In this article, "truancy offense" means an offense   committed under:                (1)  the former Section 25.094, Education Code; or                (2)  Section 65.003, Family Code.          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 25.095(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 on 10 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 and   prosecution by a truancy court for truant conduct under Section   65.003(a), Family Code.          SECTION 4.  Section 65.001(b), Family Code, is amended to   read as follows:          (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.          SECTION 5.  The heading to Section 65.003, Family Code, is   amended to read as follows:          Sec. 65.003.  TRUANT CONDUCT; OFFENSE.          SECTION 6.  Sections 65.003(a), (b), (c), and (d), Family   Code, are amended to read as follows:          (a)  Notwithstanding any other law, a [A] child commits an   offense [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)  An offense under this section is a Class C misdemeanor   [Truant conduct may be prosecuted only as a civil case in a truancy   court].          (c)  It is an affirmative defense to prosecution under this   section [an allegation of truant conduct] that one or more of the   absences required to be proven:                (1)  have been excused by a school official or by the   court;                (2)  were involuntary; or                (3)  were due to the child's voluntary absence from the   child's home because of abuse, as defined by Section 261.001.          (d)  The affirmative defense provided by Subsection (c) is   not available if, after deducting the absences described by that   subsection, there remains a sufficient number of absences to   constitute an offense under this section [truant conduct].          SECTION 7.  Section 65.101(a), Family Code, is amended to   read as follows:          (a)  A child may be found to have committed an offense under   Section 65.003 [engaged in truant conduct] only after an   adjudication hearing conducted in accordance with the provisions of   this chapter.          SECTION 8.  Section 65.103, Family Code, is amended to read   as follows:          Sec. 65.103.  REMEDIAL ORDER. (a) A truancy court may enter   a remedial order requiring a child who has committed an offense   under Section 65.003 [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 committed   an offense under Section 65.003 [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   committed an offense under Section 65.003 [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.          SECTION 9.  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 10.  This Act takes effect September 1, 2023.