84R22549 YDB-D
	By: White of Tyler	H.B. No. 2398

	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of judicial donation trust funds to
	assist needy children and families appearing before justice and
	municipal courts, dismissal of charges related to school
	attendance, and expunction of truancy records.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle B, Title 2, Government Code, is amended
	by adding Chapter 36 to read as follows:
	CHAPTER 36. JUDICIAL DONATION TRUST FUNDS
	Sec. 36.001.  ESTABLISHMENT OF TRUST FUNDS. (a) The
	governing body of a municipality or the commissioners court of a
	county may establish a judicial donation trust fund as a separate
	account held outside the municipal or county treasury to be used in
	accordance with this chapter.
	(b)  The governing body of a municipality or the
	commissioners court of a county may accept a gift, grant, donation,
	or other consideration from a public or private source that is
	designated for the judicial donation trust fund.
	(c)  Money received under Subsection (b) shall be deposited
	in the judicial donation trust fund and may only be disbursed in
	accordance with this chapter.
	(d)  Interest and income from the assets of the judicial
	donation trust fund shall be credited to and deposited in the trust
	fund.
	Sec. 36.002.  PROCEDURES AND ELIGIBILITY. The governing
	body of a municipality or the commissioners court of a county shall:
	(1)  adopt the procedures necessary to receive and
	disburse money from the judicial donation trust fund under this
	chapter; and
	(2)  establish eligibility requirements for
	disbursement of money under this chapter to assist needy children
	or families who appear before a justice or municipal court for a
	criminal offense, as applicable, by providing money for resources
	and services that eliminate barriers to school attendance or that
	seek to prevent criminal behavior.
	Sec. 36.003.  USE OF FUNDS IN ACCOUNT. (a)  The judge of a
	justice or municipal court, in accordance with Section 36.002, may
	award money from a judicial donation trust fund established under
	Section 36.001 to eligible children or families who appear before
	the court for a truancy or curfew violation or in another
	misdemeanor offense proceeding before the court.
	(b)  A judge of a justice or municipal court may order the
	municipal or county treasurer to issue payment from the judicial
	donation trust fund for money awarded under this section.
	SECTION 2.  Subchapter B, Chapter 45, Code of Criminal
	Procedure, is amended by adding Article 45.0531 to read as follows:
	Art. 45.0531.  DISMISSAL OF PARENT CONTRIBUTING TO
	NONATTENDANCE OR FAILURE TO ATTEND SCHOOL CHARGE. Notwithstanding
	any other law, a county, justice, or municipal court, at the court's
	discretion, may dismiss a charge against a defendant alleging the
	defendant committed an offense under Section 25.093 or 25.094,
	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 to
	attend school.
	SECTION 3.  Subchapter B, Chapter 45, Code of Criminal
	Procedure, is amended by adding Article 45.0541 to read as follows:
	Art. 45.0541.  AUTOMATIC EXPUNCTION OF TRUANCY RECORDS. (a)
	In this article, "truancy offense" means an offense committed under
	Section 25.094, Education Code.
	(b)  An individual who has been convicted of a truancy
	offense or has had a complaint for a truancy offense dismissed is
	entitled to have the conviction or complaint and records relating
	to the conviction or complaint automatically expunged.
	(c)  The court in which the individual was convicted or a
	complaint for a truancy offense was filed shall order the
	conviction, complaints, verdicts, sentences, and other documents
	relating to the offense, including any documents in the possession
	of a school district or law enforcement agency, to be expunged from
	the individual's record. After entry of the order, the individual
	is released from all disabilities resulting from the conviction or
	complaint, and the conviction or complaint may not be shown or made
	known for any purpose. The court shall inform the individual of the
	expunction.
	SECTION 4.  Section 54.03, Family Code, is amended by adding
	Subsection (g-1) to read as follows:
	(g-1)  If the child is alleged to have engaged in conduct
	indicating a need for supervision under Section 51.03(b)(2), the
	court, at the court's discretion, may dismiss the case with
	prejudice 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 to
	attend school.
	SECTION 5.  Section 81.032, Local Government Code, is
	amended to read as follows:
	Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS. The
	commissioners court may accept a gift, grant, donation, bequest, or
	devise of money or other property on behalf of the county, including
	a donation under Chapter 36, Government Code, for the purpose of
	performing a function conferred by law on the county or a county
	officer.
	SECTION 6.  (a)  Article 45.0531, Code of Criminal
	Procedure, as added by this Act, applies 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 was committed before that date.
	(b)  Section 54.03(g-1), Family Code, as added by this Act,
	applies only to conduct that occurs on or after the effective date
	of this Act. Conduct that occurs before the effective date of this
	Act is governed by the law in effect at the time the conduct
	occurred, and the former law is continued in effect for that
	purpose. For the purposes of this section, conduct occurs before
	the effective date of this Act if any element of the conduct
	occurred before that date.
	SECTION 7.  Article 45.0541, Code of Criminal Procedure, as
	added by this Act, applies to the expunction or destruction of a
	truancy record or file existing on or after the effective date of
	this Act regardless of when the offense or conduct that is the
	subject of the record or file was committed.
	SECTION 8.  This Act takes effect September 1, 2015.