bill raising maximum truancy fines for parents

The text as introduced · 893 words

By: McLaughlin
H.B. No. 2947

A BILL TO BE ENTITLED

AN ACT

relating to truancy; increasing a criminal penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 25.0915, Education Code, is amended by

adding Subsection (a-5) and amending Subsection (b) to read as

follows:

(a-5) If a school district previously imposed truancy

prevention measures on a student and the student, in a succeeding

school year, engages in conduct described by Section 65.003(a),

Family Code, the school district may refer the student to truancy

court without again imposing truancy prevention measures.

(b) Each referral to truancy court for conduct described by

Section 65.003(a), Family Code, must:

(1) be accompanied by a statement from the student's

school certifying that:

(A) the school applied , or has applied in a prior

school year, the truancy prevention measures adopted under

Subsection (a) or (a-4) to the student; and

(B) the truancy prevention measures failed to

meaningfully address the student's school attendance; and

(2) specify whether the student is eligible for or

receives special education services under Subchapter A, Chapter 29.

SECTION 2. Section 25.093, Education Code, is amended by

amending Subsection (c) and adding Subsection (g-1) to read as

follows:

(c) An offense under Subsection (a) is a misdemeanor,

punishable by fine only, in an amount not to exceed:

(1) $150 [ $100 ] for a first offense;

(2) $250 [ $200 ] for a second offense;

(3) $350 [ $300 ] for a third offense;

(4) $500 [ $400 ] for a fourth offense; or

(5) $800 [ $500 ] for a fifth or subsequent offense.

(g-1) The court shall dismiss a fine imposed under this

section if the parent presents the court with proof that the child

has:

(1) reached the age of 21;

(2) graduated from high school or received the

equivalent of a high school diploma; or

(3) enlisted in the armed forces of the United States.

SECTION 3. 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 or more days or parts of days within a six-month period in the

same 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 4. 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, regardless

of whether the person has paid all fines and costs imposed.

(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.

(d) A person may petition the court that imposed the

sentence for an order of nondisclosure of criminal history record

information under this section only on or after the date on which:

(1) the person completed payment of all fines and

costs imposed under Section 25.093, Education Code; or

(2) the child that the person failed to require to

attend school:

(A) reaches the age of 21;

(B) graduates from high school or receives the

equivalent of a high school diploma; or

(C) enlists in the armed forces of the United

States.

SECTION 5. Section 411.074, Government Code, is amended by

adding Subsection (c) to read as follows:

(c) This section does not apply to a person who petitions

for an order of nondisclosure under Section 411.0737.

SECTION 6. Section 25.0915, Education Code, as amended by

this Act, applies beginning with the 2023-2024 school year.

SECTION 7. The changes in law made by this Act to 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 8. Not later than December 1, 2026, each school

district shall submit to the Texas Education Agency the first

attendance report required under Section 25.096, Education Code, as

added by this Act.

SECTION 9. This Act takes effect September 1, 2025.