Dutton bill raising the top truancy fine for parents

The text as introduced · 1,307 words

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Code of Criminal Procedure, is repealed.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.