H.B. No. 2398

	AN ACT
	relating to court jurisdiction and procedures relating to truancy;
	establishing judicial donation trust funds; providing criminal
	penalties; imposing a court cost.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 4.14(g), Code of Criminal Procedure, is
	amended to read as follows:
	(g)  A municipality may enter into an agreement with a
	contiguous municipality or a municipality with boundaries that are
	within one-half mile of the municipality seeking to enter into the
	agreement to establish concurrent jurisdiction of the municipal
	courts in the municipalities and provide original jurisdiction to a
	municipal court in which a case is brought as if the municipal court
	were located in the municipality in which the case arose, for:
	(1)  all cases in which either municipality has
	jurisdiction under Subsection (a); and
	(2)  cases that arise under Section 821.022, Health and
	Safety Code[, or Section 25.094, Education Code].
	SECTION 2.  Articles 45.0216(f) and (g), Code of Criminal
	Procedure, are amended to read as follows:
	(f)  The court shall order the conviction, together with all
	complaints, verdicts, sentences, and prosecutorial and law
	enforcement records, and any other documents relating to the
	offense, expunged from the person's record if the court finds that:
	(1)  for a person applying for the expunction of a
	conviction for an offense described by Section 8.07(a)(4) or (5),
	Penal Code, the person was not convicted of any other offense
	described by Section 8.07(a)(4) or (5), Penal Code, while the
	person was a child; and
	(2)  for a person applying for the expunction of a
	conviction for an offense described by Section 43.261, Penal Code,
	the person was not found to have engaged in conduct indicating a
	need for supervision described by Section 51.03(b)(7)
	[51.03(b)(8)], Family Code, while the person was a child.
	(g)  This article does not apply to any offense otherwise
	covered by:
	(1)  Chapter 106, Alcoholic Beverage Code; or
	(2)  Chapter 161, Health and Safety Code[; or
	[(3)  Section 25.094, Education Code].
	SECTION 3.  Subchapter B, Chapter 45, Code of Criminal
	Procedure, is amended by adding Articles 45.0531 and 45.0541 to
	read as follows:
	Art. 45.0531.  DISMISSAL OF PARENT CONTRIBUTING TO
	NONATTENDANCE 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, 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.
	Art. 45.0541.  EXPUNCTION OF FAILURE TO ATTEND SCHOOL
	RECORDS. (a)  In this article, "truancy offense" means an offense
	committed under the former 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 expunged.
	(c)  Regardless of whether the individual has filed a
	petition for expunction, 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.
	SECTION 4.  Article 45.056(a), Code of Criminal Procedure,
	as amended by Chapters 1213 (S.B. 1419) and 1407 (S.B. 393), Acts of
	the 83rd Legislature, Regular Session, 2013, is reenacted and
	amended to read as follows:
	(a)  On approval of the commissioners court, city council,
	school district board of trustees, juvenile board, or other
	appropriate authority, a county court, justice court, municipal
	court, school district, juvenile probation department, or other
	appropriate governmental entity may:
	(1)  employ a case manager to provide services in cases
	involving juvenile offenders who are before a court consistent with
	the court's statutory powers or referred to a court by a school
	administrator or designee for misconduct that would otherwise be
	within the court's statutory powers prior to a case being filed,
	with the consent of the juvenile and the juvenile's parents or
	guardians;
	(2)  employ one or more juvenile case managers who:
	(A)  shall assist the court in administering the
	court's juvenile docket and in supervising the court's orders in
	juvenile cases; and
	(B)  may provide:
	(i)  prevention services to a child
	considered at risk of entering the juvenile justice system; and
	(ii)  intervention services to juveniles
	engaged in misconduct before cases are filed, excluding traffic
	offenses; or
	(3)  agree in accordance with Chapter 791, Government
	Code, with any appropriate governmental entity to jointly employ a
	case manager or to jointly contribute to the costs of a case manager
	employed by one governmental entity to provide services described
	by Subdivisions (1) and (2).
	SECTION 5.  Article 102.014(d), Code of Criminal Procedure,
	is amended to read as follows:
	(d)  A person convicted of an offense under Section 25.093
	[or 25.094], Education Code, shall pay as taxable court costs $20 in
	addition to other taxable court costs.  The additional court costs
	under this subsection shall be collected in the same manner that
	other fines and taxable court costs in the case are collected.
	SECTION 6.  (a)  Section 7.111(a), Education Code, as
	amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of
	the 83rd Legislature, Regular Session, 2013, is reenacted to read
	as follows:
	(a)  The board shall provide for the administration of high
	school equivalency examinations.
	(b)  Section 7.111(a-1), Education Code, is amended to
	conform to the amendment of Section 7.111(a), Education Code, by
	Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular
	Session, 2013, and is further amended to read as follows:
	(a-1)  A person who does not have a high school diploma may
	take the examination in accordance with rules adopted by the board
	if the person is:
	(1)  over 17 years of age;
	(2)  16 years of age or older and:
	(A)  is enrolled in a Job Corps training program
	under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801
	et seq.), and its subsequent amendments;
	(B)  a public agency providing supervision of the
	person or having custody of the person under a court order
	recommends that the person take the examination; or
	(C)  is enrolled in the Texas Military
	Department's [adjutant general's department's] Seaborne ChalleNGe
	Corps; or
	(3)  required to take the examination under a court
	order issued under Section 65.103(a)(3), Family Code.
	SECTION 7.  Section 25.085, Education Code, is amended by
	amending Subsections (b), (e), and (f) and adding Subsections (g)
	and (h) to read as follows:
	(b)  Unless specifically exempted by Section 25.086, a child
	who is at least six years of age, or who is younger than six years of
	age and has previously been enrolled in first grade, and who has not
	yet reached the child's 19th [18th] birthday shall attend school.
	(e)  A person who voluntarily enrolls in school or
	voluntarily attends school after the person's 19th [18th] birthday
	shall attend school each school day for the entire period the
	program of instruction is offered. A school district may revoke for
	the remainder of the school year the enrollment of a person who has
	more than five absences in a semester that are not excused under
	Section 25.087, except a school district may not revoke the
	enrollment of a person under this subsection on a day on which the
	person is physically present at school. A person whose enrollment
	is revoked under this subsection may be considered an unauthorized
	person on school district grounds for purposes of Section 37.107.
	(f)  The board of trustees of a school district may adopt a
	policy requiring a person described by Subsection (e) who is under
	21 years of age to attend school until the end of the school year.
	Section 65.003(a), Family Code, does not apply [25.094 applies] to
	a person subject to a policy adopted under this subsection.
	Sections 25.093 and 25.095 do not apply to the parent of a person
	subject to a policy adopted under this subsection.
	(g)  After the third unexcused absence of a person described
	by Subsection (e), a school district shall issue a warning letter to
	the person that states the person's enrollment may be revoked for
	the remainder of the school year if the person has more than five
	unexcused absences in a semester.
	(h)  As an alternative to revoking a person's enrollment
	under Subsection (e), a school district may impose a behavior
	improvement plan described by Section 25.0915(a-1)(1).
	SECTION 8.  Sections 25.091(a) and (b), Education Code, are
	amended to read as follows:
	(a)  A peace officer serving as an attendance officer has the
	following powers and duties concerning enforcement of compulsory
	school attendance requirements:
	(1)  to investigate each case of a violation of
	compulsory school attendance requirements referred to the peace
	officer;
	(2)  to enforce compulsory school attendance
	requirements by:
	(A)  applying truancy prevention measures adopted
	under Section 25.0915 to the student; and
	(B)  if the truancy prevention measures fail to
	meaningfully address the student's conduct:
	(i)  referring the student to a truancy
	court [juvenile court or filing a complaint against the student in a
	county, justice, or municipal court] if the student has unexcused
	absences for the amount of time specified under Section 65.003(a)
	[25.094 or under Section 51.03(b)(2)], Family Code; or
	(ii)  filing a complaint in a county,
	justice, or municipal court against a parent who violates Section
	25.093;
	(3)  to serve court-ordered legal process;
	(4)  to review school attendance records for compliance
	by each student investigated by the officer;
	(5)  to maintain an investigative record on each
	compulsory school attendance requirement violation and related
	court action and, at the request of a court, the board of trustees
	of a school district, or the commissioner, to provide a record to
	the individual or entity requesting the record; and
	(6)  to make a home visit or otherwise contact the
	parent of a student who is in violation of compulsory school
	attendance requirements, except that a peace officer may not enter
	a residence without the permission of the parent of a student
	required under this subchapter to attend school or of the tenant or
	owner of the residence except to lawfully serve court-ordered legal
	process on the parent[; and
	[(7)     to take a student into custody with the
	permission of the student's parent or in obedience to a
	court-ordered legal process].
	(b)  An attendance officer employed by a school district who
	is not commissioned as a peace officer has the following powers and
	duties with respect to enforcement of compulsory school attendance
	requirements:
	(1)  to investigate each case of a violation of the
	compulsory school attendance requirements referred to the
	attendance officer;
	(2)  to enforce compulsory school attendance
	requirements by:
	(A)  applying truancy prevention measures adopted
	under Section 25.0915 to the student; and
	(B)  if the truancy prevention measures fail to
	meaningfully address the student's conduct:
	(i)  referring the student to a truancy
	court [juvenile court or filing a complaint against the student in a
	county, justice, or municipal court] if the student has unexcused
	absences for the amount of time specified under Section 65.003(a)
	[25.094 or under Section 51.03(b)(2)], Family Code; and
	(ii)  filing a complaint in a county,
	justice, or municipal court against a parent who violates Section
	25.093;
	(3)  to monitor school attendance compliance by each
	student investigated by the officer;
	(4)  to maintain an investigative record on each
	compulsory school attendance requirement violation and related
	court action and, at the request of a court, the board of trustees
	of a school district, or the commissioner, to provide a record to
	the individual or entity requesting the record;
	(5)  to make a home visit or otherwise contact the
	parent of a student who is in violation of compulsory school
	attendance requirements, except that the attendance officer may not
	enter a residence without permission of the parent or of the owner
	or tenant of the residence; and
	(6)  at the request of a parent, to escort a student
	from any location to a school campus to ensure the student's
	compliance with compulsory school attendance requirements[; and
	[(7)     if the attendance officer has or is informed of a
	court-ordered legal process directing that a student be taken into
	custody and the school district employing the officer does not
	employ its own police department, to contact the sheriff,
	constable, or any peace officer to request that the student be taken
	into custody and processed according to the legal process].
	SECTION 9.  Section 25.0915, Education Code, is amended to
	read as follows:
	Sec. 25.0915.  TRUANCY PREVENTION MEASURES[; REFERRAL AND
	FILING REQUIREMENT]. (a)  A school district shall adopt truancy
	prevention measures designed to:
	(1)  address student conduct related to truancy in the
	school setting before the student engages in conduct described by
	Section 65.003(a), Family Code; and
	(2)  minimize the need for referrals to truancy
	[juvenile] court for conduct described by Section 65.003(a)
	[51.03(b)(2)], Family Code[; and
	[(3)     minimize the filing of complaints in county,
	justice, and municipal courts alleging a violation of Section
	25.094].
	(a-1)  As a truancy prevention measure under Subsection (a),
	a school district shall take one or more of the following actions:
	(1)  impose:
	(A)  a behavior improvement plan on the student
	that must be signed by an employee of the school, that the school
	district has made a good faith effort to have signed by the student
	and the student's parent or guardian, and that includes:
	(i)  a specific description of the behavior
	that is required or prohibited for the student;
	(ii)  the period for which the plan will be
	effective, not to exceed 45 school days after the date the contract
	becomes effective; or
	(iii)  the penalties for additional
	absences, including additional disciplinary action or the referral
	of the student to a truancy court; or
	(B)  school-based community service; or
	(2)  refer the student to counseling, mediation,
	mentoring, a teen court program, community-based services, or other
	in-school or out-of-school services aimed at addressing the
	student's truancy.
	(a-2)  A referral made under Subsection (a-1)(2) may include
	participation by the child's parent or guardian if necessary.
	(a-3)  A school district shall offer additional counseling
	to a student and may not refer the student to truancy court if the
	school determines that the student's truancy is the result of:
	(1)  pregnancy;
	(2)  being in the state foster program;
	(3)  homelessness; or
	(4)  being the principal income earner for the
	student's family.
	(a-4)  If a student fails to attend school without excuse on
	three or more days or parts of days within a four-week period but
	does not fail to attend school for the time described by Section
	25.0951(a), the school district shall initiate truancy prevention
	measures under this section on the student.
	(b)  Each referral to truancy [juvenile] court for conduct
	described by Section 65.003(a) [51.03(b)(2)], Family Code, [or
	complaint filed in county, justice, or municipal court alleging a
	violation by a student of Section 25.094] must:
	(1)  be accompanied by a statement from the student's
	school certifying that:
	(A)  the school applied 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.
	(c)  A truancy court shall dismiss a petition filed by a
	truant conduct prosecutor under Section 65.054, Family Code, if the
	court determines that the school district's referral:
	(1)  does [complaint or referral made by a school
	district under this section that is] not comply [made in
	compliance] with Subsection (b);
	(2)  does not satisfy the elements required for truant
	conduct;
	(3)  is not timely filed, unless the school district
	delayed the referral under Section 25.0951(d); or
	(4)  is otherwise substantively defective.
	(d)  Except as provided by Subsection (e), a school district
	shall employ a truancy prevention facilitator or juvenile case
	manager to implement the truancy prevention measures required by
	this section and any other effective truancy prevention measures as
	determined by the school district or campus. At least annually, the
	truancy prevention facilitator shall meet to discuss effective
	truancy prevention measures with a case manager or other individual
	designated by a truancy court to provide services to students of the
	school district in truancy cases.
	(e)  Instead of employing a truancy prevention facilitator,
	a school district may designate an existing district employee or
	juvenile case manager to implement the truancy prevention measures
	required by this section and any other effective truancy prevention
	measures as determined by the school district or campus.
	(f)  The agency shall adopt rules:
	(1)  creating minimum standards for truancy prevention
	measures adopted by a school district under this section; and
	(2)  establishing a set of best practices for truancy
	prevention measures.
	(g)  The agency shall adopt rules to provide for sanctions
	for a school district found to be not in compliance with this
	section.
	SECTION 10.  Section 25.0916, Education Code, is amended by
	amending Subsections (a), (c), (f), (h), and (i) and adding
	Subsection (c-1) to read as follows:
	(a)  This section applies only to a county with two or more
	courts hearing truancy cases and two or more school districts[:
	[(1)  with a population greater than 1.5 million; and
	[(2)  that includes at least:
	[(A)     15 school districts with the majority of
	district territory in the county; and
	[(B)     one school district with a student
	enrollment of 50,000 or more and an annual dropout rate spanning
	grades 9-12 of at least five percent, computed in accordance with
	standards and definitions adopted by the National Center for
	Education Statistics of the United States Department of Education].
	(c)  Unless the county has already adopted a uniform truancy
	policy under this section, not [Not] later than January [September]
	1, 2016 [2013], the county judge or the county judge's designee and
	the mayor of the municipality in the county with the greatest
	population or the mayor's designee shall each appoint one member to
	serve on the committee as a representative of each of the following:
	(1)  a juvenile [district] court;
	(2)  a municipal court;
	(3)  the office of a justice of the peace;
	(4)  the superintendent or designee of an independent
	school district;
	(5)  an open-enrollment charter school, if one exists
	in the county;
	(6)  the office of the prosecutor with original truancy
	jurisdiction in the county [district attorney]; and
	(7)  the general public.
	(c-1)  In addition to the members listed in Subsection (c),
	the chief juvenile probation officer or the officer's designee
	serves on the committee. The county judge or the county judge's
	designee and the mayor of the municipality in the county with the
	greatest population or the mayor's designee may make additional
	appointments as needed.
	(f)  Unless a county has already adopted a uniform truancy
	policy under this section, not [Not] later than May [September] 1,
	2016 [2014], the committee shall recommend:
	(1)  a uniform process for filing truancy cases with
	truancy courts [the judicial system];
	(2)  uniform administrative procedures;
	(3)  uniform deadlines for processing truancy cases;
	(4)  a local plan with strategies to address truancy,
	including effective prevention, intervention, and diversion
	methods to reduce truancy and referrals to a truancy [county,
	justice, or municipal] court;
	(5)  a system for tracking truancy information and
	sharing truancy information among school districts, [and]
	open-enrollment charter schools, truancy courts, juvenile courts,
	and juvenile probation departments in the county; and
	(6)  any changes to statutes or state agency rules the
	committee determines are necessary to address truancy.
	(h)  The committee's presiding officer shall issue a report
	not later than December 1, 2017 [2015], to the county judge and
	mayor of the municipality with the greatest population in the
	county on the implementation of the recommendations and compliance
	with state truancy laws by a school district located in the county.
	(i)  This section expires January 1, 2018 [2016].
	SECTION 11.  Section 25.093, Education Code, is amended by
	amending Subsections (a) and (c) and adding Subsection (c-1) to
	read as follows:
	(a)  If a warning is issued as required by Section 25.095(a),
	the parent with criminal negligence fails to require the child to
	attend school as required by law, and the child has absences for the
	amount of time specified under Section 65.003(a), Family Code
	[25.094], the parent commits an offense.
	(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.
	(c-1)  Each day the child remains out of school may
	constitute a separate offense. Two or more offenses under
	Subsection (a) may be consolidated and prosecuted in a single
	action. If the court orders deferred disposition under Article
	45.051, Code of Criminal Procedure, the court may require the
	defendant to provide personal services to a charitable or
	educational institution as a condition of the deferral.
	SECTION 12.  Sections 25.095(a), (b), and (c), Education
	Code, are 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 [or on three or more days or parts of days within a four-week
	period]:
	(1)  the student's parent is subject to prosecution
	under Section 25.093; and
	(2)  the student is subject to [prosecution under
	Section 25.094 or to] referral to a truancy [juvenile] court [in a
	county with a population of less than 100,000] for truant conduct
	under Section 65.003(a), Family Code [that violates that section].
	(b)  A school district shall notify a student's parent if the
	student has been absent from school, without excuse under Section
	25.087, on three days or parts of days within a four-week period.
	The notice must:
	(1)  inform the parent that:
	(A)  it is the parent's duty to monitor the
	student's school attendance and require the student to attend
	school; and
	(B)  the student [parent] is subject to truancy
	prevention measures [prosecution] under Section 25.0915 [25.093];
	and
	(2)  request a conference between school officials and
	the parent to discuss the absences.
	(c)  The fact that a parent did not receive a notice under
	Subsection (a) or (b) does not create a defense [to prosecution]
	under Section 25.093 or under Section 65.003(a), Family Code
	[25.094].
	SECTION 13.  Section 25.0951, Education Code, is amended to
	read as follows:
	Sec. 25.0951.  SCHOOL DISTRICT COMPLAINT OR REFERRAL FOR
	FAILURE TO ATTEND SCHOOL. (a)  If a student fails to attend school
	without excuse on 10 or more days or parts of days within a
	six-month period in the same school year, a school district shall
	within 10 school days of the student's 10th absence[:
	[(1)     file a complaint against the student or the
	student's parent or both in a county, justice, or municipal court
	for an offense under Section 25.093 or 25.094, as appropriate, or
	refer the student to a juvenile court in a county with a population
	of less than 100,000 for conduct that violates Section 25.094; or
	[(2)]  refer the student to a truancy [juvenile] court
	for truant conduct [indicating a need for supervision] under
	Section 65.003(a) [51.03(b)(2)], Family Code.
	(b)  If a student fails to attend school without excuse as
	specified by Subsection (a), a school district may file a complaint
	against the student's parent in a county, justice, or municipal
	court for an offense under Section 25.093 if the school district
	provides evidence of the parent's criminal negligence [If a student
	fails to attend school without excuse on three or more days or parts
	of days within a four-week period but does not fail to attend school
	for the time described by Subsection (a), the school district may:
	[(1)     file a complaint against the student or the
	student's parent or both in a county, justice, or municipal court
	for an offense under Section 25.093 or 25.094, as appropriate, or
	refer the student to a juvenile court in a county with a population
	of less than 100,000 for conduct that violates Section 25.094; or
	[(2)     refer the student to a juvenile court for conduct
	indicating a need for supervision under Section 51.03(b)(2), Family
	Code].
	[(c)]  In this subsection [section], "parent" includes a
	person standing in parental relation.
	(c) [(d)]  A court shall dismiss a complaint [or referral]
	made by a school district under Subsection (b) [under this section]
	that:
	(1)  does [is] not comply [made in compliance] with
	this section;
	(2)  does not allege the elements required for the
	offense;
	(3)  is not timely filed, unless the school district
	delayed the referral under Subsection (d); or
	(4)  is otherwise substantively defective.
	(d)  Notwithstanding Subsection (a), a school district may
	delay a referral of a student for truant conduct, or may choose to
	not refer a student for truant conduct, if the school district:
	(1)  is applying truancy prevention measures to the
	student under Section 25.0915; and
	(2)  determines that the truancy prevention measures
	are succeeding and it is in the best interest of the student that a
	referral be delayed or not be made.
	SECTION 14.  Section 25.0952, Education Code, is amended to
	read as follows:
	Sec. 25.0952.  PROCEDURES APPLICABLE TO PARENT CONTRIBUTING
	TO NONATTENDANCE OFFENSE [SCHOOL ATTENDANCE-RELATED OFFENSES].  In
	a proceeding based on a complaint under Section 25.093 [or 25.094],
	the court shall, except as otherwise provided by this chapter, use
	the procedures and exercise the powers authorized by Chapter 45,
	Code of Criminal Procedure.
	SECTION 15.  Section 29.087(d), Education Code, is amended
	to read as follows:
	(d)  A student is eligible to participate in a program
	authorized by this section if:
	(1)  the student has been ordered by a court under
	Section 65.103, Family Code [Article 45.054, Code of Criminal
	Procedure, as added by Chapter 1514, Acts of the 77th Legislature,
	Regular Session, 2001], or by the Texas Juvenile Justice Department
	[Youth Commission] to:
	(A)  participate in a preparatory class for the
	high school equivalency examination; or
	(B)  take the high school equivalency examination
	administered under Section 7.111; or
	(2)  the following conditions are satisfied:
	(A)  the student is at least 16 years of age at the
	beginning of the school year or semester;
	(B)  the student is a student at risk of dropping
	out of school, as defined by Section 29.081;
	(C)  the student and the student's parent or
	guardian agree in writing to the student's participation;
	(D)  at least two school years have elapsed since
	the student first enrolled in ninth grade and the student has
	accumulated less than one third of the credits required to graduate
	under the minimum graduation requirements of the district or
	school; and
	(E)  any other conditions specified by the
	commissioner.
	SECTION 16.  Section 33.051(2), Education Code, is amended
	to read as follows:
	(2)  "Missing child" means a child whose whereabouts
	are unknown to the legal custodian of the child and:
	(A)  the circumstances of whose absence indicate
	that the child did not voluntarily leave the care and control of the
	custodian and that the taking of the child was not authorized by
	law; or
	(B)  the child has engaged in conduct indicating a
	need for supervision under Section 51.03(b)(2) [51.03(b)(3)],
	Family Code.
	SECTION 17.  Section 51.02(15), Family Code, is amended to
	read as follows:
	(15)  "Status offender" means a child who is accused,
	adjudicated, or convicted for conduct that would not, under state
	law, be a crime if committed by an adult, including:
	(A)  [truancy under Section 51.03(b)(2);
	[(B)]  running away from home under Section
	51.03(b)(2) [51.03(b)(3)];
	(B) [(C)]  a fineable only offense under Section
	51.03(b)(1) transferred to the juvenile court under Section
	51.08(b), but only if the conduct constituting the offense would
	not have been criminal if engaged in by an adult;
	[(D)     failure to attend school under Section
	25.094, Education Code;]
	(C) [(E)]  a violation of standards of student
	conduct as described by Section 51.03(b)(4) [51.03(b)(5)];
	(D) [(F)]  a violation of a juvenile curfew
	ordinance or order;
	(E) [(G)]  a violation of a provision of the
	Alcoholic Beverage Code applicable to minors only; or
	(F) [(H)]  a violation of any other fineable only
	offense under Section 8.07(a)(4) or (5), Penal Code, but only if the
	conduct constituting the offense would not have been criminal if
	engaged in by an adult.
	SECTION 18.  Sections 51.03(a), (b), (e), and (f), Family
	Code, are amended to read as follows:
	(a)  Delinquent conduct is:
	(1)  conduct, other than a traffic offense, that
	violates a penal law of this state or of the United States
	punishable by imprisonment or by confinement in jail;
	(2)  conduct that violates a lawful order of a court
	under circumstances that would constitute contempt of that court
	in:
	(A)  a justice or municipal court; [or]
	(B)  a county court for conduct punishable only by
	a fine; or
	(C)  a truancy court;
	(3)  conduct that violates Section 49.04, 49.05, 49.06,
	49.07, or 49.08, Penal Code; or
	(4)  conduct that violates Section 106.041, Alcoholic
	Beverage Code, relating to driving under the influence of alcohol
	by a minor (third or subsequent offense).
	(b)  Conduct indicating a need for supervision is:
	(1)  subject to Subsection (f), conduct, other than a
	traffic offense, that violates:
	(A)  the penal laws of this state of the grade of
	misdemeanor that are punishable by fine only; or
	(B)  the penal ordinances of any political
	subdivision of this state;
	(2)  [the absence of a child on 10 or more days or parts
	of days within a six-month period in the same school year or on
	three or more days or parts of days within a four-week period from
	school;
	[(3)]  the voluntary absence of a child from the child's
	home without the consent of the child's parent or guardian for a
	substantial length of time or without intent to return;
	(3) [(4)]  conduct prohibited by city ordinance or by
	state law involving the inhalation of the fumes or vapors of paint
	and other protective coatings or glue and other adhesives and the
	volatile chemicals itemized in Section 485.001, Health and Safety
	Code;
	(4) [(5)]  an act that violates a school district's
	previously communicated written standards of student conduct for
	which the child has been expelled under Section 37.007(c),
	Education Code;
	(5) [(6)]  conduct that violates a reasonable and
	lawful order of a court entered under Section 264.305;
	(6) [(7)]  notwithstanding Subsection (a)(1), conduct
	described by Section 43.02(a)(1) or (2), Penal Code; or
	(7) [(8)]  notwithstanding Subsection (a)(1), conduct
	that violates Section 43.261, Penal Code.
	(e)  For the purposes of Subsection (b)(2) [(b)(3)], "child"
	does not include a person who is married, divorced, or widowed.
	(f)  Conduct [Except as provided by Subsection (g), conduct]
	described under Subsection (b)(1) does not constitute conduct
	indicating a need for supervision unless the child has been
	referred to the juvenile court under Section 51.08(b).
	SECTION 19.  Section 51.13(e), Family Code, is amended to
	read as follows:
	(e)  A finding that a child engaged in conduct indicating a
	need for supervision as described by Section 51.03(b)(7)
	[51.03(b)(8)] is a conviction only for the purposes of Sections
	43.261(c) and (d), Penal Code.
	SECTION 20.  Section 54.0404(a), Family Code, is amended to
	read as follows:
	(a)  If a child is found to have engaged in conduct
	indicating a need for supervision described by Section 51.03(b)(7)
	[51.03(b)(8)], the juvenile court may enter an order requiring the
	child to attend and successfully complete an educational program
	described by Section 37.218, Education Code, or another equivalent
	educational program.
	SECTION 21.  Section 54.05(b), Family Code, is amended to
	read as follows:
	(b)  Except for a commitment to the Texas Juvenile Justice
	Department or to a post-adjudication secure correctional facility
	under Section 54.04011[, a disposition under Section 54.0402,] or a
	placement on determinate sentence probation under Section
	54.04(q), all dispositions automatically terminate when the child
	reaches the child's 18th birthday.
	SECTION 22.  Section 58.0022, Family Code, is amended to
	read as follows:
	Sec. 58.0022.  FINGERPRINTS OR PHOTOGRAPHS TO IDENTIFY
	RUNAWAYS. A law enforcement officer who takes a child into custody
	with probable cause to believe that the child has engaged in conduct
	indicating a need for supervision as described by Section
	51.03(b)(2) [51.03(b)(3)] and who after reasonable effort is unable
	to determine the identity of the child, may fingerprint or
	photograph the child to establish the child's identity. On
	determination of the child's identity or that the child cannot be
	identified by the fingerprints or photographs, the law enforcement
	officer shall immediately destroy all copies of the fingerprint
	records or photographs of the child.
	SECTION 23.  Section 58.003(c-3), Family Code, is amended to
	read as follows:
	(c-3)  Notwithstanding Subsections (a) and (c) and subject
	to Subsection (b), a juvenile court, on the court's own motion and
	without a hearing, shall order the sealing of records concerning a
	child found to have engaged in conduct indicating a need for
	supervision described by Section 51.03(b)(6) [51.03(b)(7)] or
	taken into custody to determine whether the child engaged in
	conduct indicating a need for supervision described by Section
	51.03(b)(6) [51.03(b)(7)]. This subsection applies only to
	records related to conduct indicating a need for supervision
	described by Section 51.03(b)(6) [51.03(b)(7)].
	SECTION 24.  Section 58.106(a), Family Code, is amended to
	read as follows:
	(a)  Except as otherwise provided by this section,
	information contained in the juvenile justice information system is
	confidential information for the use of the department and may not
	be disseminated by the department except:
	(1)  with the permission of the juvenile offender, to
	military personnel of this state or the United States;
	(2)  to a person or entity to which the department may
	grant access to adult criminal history records as provided by
	Section 411.083, Government Code;
	(3)  to a juvenile justice agency;
	(4)  to the Texas Juvenile Justice Department [Youth
	Commission and the Texas Juvenile Probation Commission] for
	analytical purposes;
	(5)  to the office of independent ombudsman of the
	Texas Juvenile Justice Department [Youth Commission]; and
	(6)  to a county, justice, or municipal court
	exercising jurisdiction over a juvenile[, including a court
	exercising jurisdiction over a juvenile under Section 54.021].
	SECTION 25.  Section 59.003(a), Family Code, is amended to
	read as follows:
	(a)  Subject to Subsection (e), after a child's first
	commission of delinquent conduct or conduct indicating a need for
	supervision, the probation department or prosecuting attorney may,
	or the juvenile court may, in a disposition hearing under Section
	54.04 or a modification hearing under Section 54.05, assign a child
	one of the following sanction levels according to the child's
	conduct:
	(1)  for conduct indicating a need for supervision,
	other than conduct described in Section 51.03(b)(3) or (4)
	[51.03(b)(4) or (5)] or a Class A or B misdemeanor, the sanction
	level is one;
	(2)  for conduct indicating a need for supervision
	under Section 51.03(b)(3) or (4) [51.03(b)(4) or (5)] or a Class A
	or B misdemeanor, other than a misdemeanor involving the use or
	possession of a firearm, or for delinquent conduct under Section
	51.03(a)(2), the sanction level is two;
	(3)  for a misdemeanor involving the use or possession
	of a firearm or for a state jail felony or a felony of the third
	degree, the sanction level is three;
	(4)  for a felony of the second degree, the sanction
	level is four;
	(5)  for a felony of the first degree, other than a
	felony involving the use of a deadly weapon or causing serious
	bodily injury, the sanction level is five;
	(6)  for a felony of the first degree involving the use
	of a deadly weapon or causing serious bodily injury, for an
	aggravated controlled substance felony, or for a capital felony,
	the sanction level is six; or
	(7)  for a felony of the first degree involving the use
	of a deadly weapon or causing serious bodily injury, for an
	aggravated controlled substance felony, or for a capital felony, if
	the petition has been approved by a grand jury under Section 53.045,
	or if a petition to transfer the child to criminal court has been
	filed under Section 54.02, the sanction level is seven.
	SECTION 26.  Section 61.002(a), Family Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (b), this chapter
	applies to a proceeding to enter a juvenile court order:
	(1)  for payment of probation fees under Section
	54.061;
	(2)  for restitution under Sections 54.041(b) and
	54.048;
	(3)  for payment of graffiti eradication fees under
	Section 54.0461;
	(4)  for community service under Section 54.044(b);
	(5)  for payment of costs of court under Section
	54.0411 or other provisions of law;
	(6)  requiring the person to refrain from doing any act
	injurious to the welfare of the child under Section 54.041(a)(1);
	(7)  enjoining contact between the person and the child
	who is the subject of a proceeding under Section 54.041(a)(2);
	(8)  ordering a person living in the same household
	with the child to participate in counseling under Section
	54.041(a)(3);
	(9)  [requiring a parent or guardian of a child found to
	be truant to participate in an available program addressing truancy
	under Section 54.041(f);
	[(10)]  requiring a parent or other eligible person to
	pay reasonable attorney's fees for representing the child under
	Section 51.10(e);
	(10) [(11)]  requiring the parent or other eligible
	person to reimburse the county for payments the county has made to
	an attorney appointed to represent the child under Section
	51.10(j);
	(11) [(12)]  requiring payment of deferred prosecution
	supervision fees under Section 53.03(d);
	(12) [(13)]  requiring a parent or other eligible
	person to attend a court hearing under Section 51.115;
	(13) [(14)]  requiring a parent or other eligible
	person to act or refrain from acting to aid the child in complying
	with conditions of release from detention under Section 54.01(r);
	(14) [(15)]  requiring a parent or other eligible
	person to act or refrain from acting under any law imposing an
	obligation of action or omission on a parent or other eligible
	person because of the parent's or person's relation to the child who
	is the subject of a proceeding under this title;
	(15) [(16)]  for payment of fees under Section 54.0462;
	or
	(16) [(17)]  for payment of the cost of attending an
	educational program under Section 54.0404.
	SECTION 27.  The Family Code is amended by adding Title 3A to
	read as follows:
	TITLE 3A. TRUANCY COURT PROCEEDINGS
	CHAPTER 65. TRUANCY COURT PROCEEDINGS
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 65.001.  SCOPE AND PURPOSE. (a)  This chapter details
	the procedures and proceedings in cases involving allegations of
	truant conduct.
	(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.
	(c)  The best interest of the child is the primary
	consideration in adjudicating truant conduct of the child.
	Sec. 65.002.  DEFINITIONS. In this chapter:
	(1)  "Child" means a person who is 12 years of age or
	older and younger than 19 years of age.
	(2)  "Juvenile court" means a court designated under
	Section 51.04 to exercise jurisdiction over proceedings under Title
	3.
	(3)  "Qualified telephone interpreter" means a
	telephone service that employs licensed court interpreters, as
	defined by Section 157.001, Government Code.
	(4)  "Truancy court" means a court designated under
	Section 65.004 to exercise jurisdiction over cases involving
	allegations of truant conduct.
	Sec. 65.003.  TRUANT CONDUCT. (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 on 10 or
	more days or parts of days within a six-month period in the same
	school year.
	(b)  Truant conduct may be prosecuted only as a civil case in
	a truancy court.
	(c)  It is an affirmative defense to an allegation of truant
	conduct that one or more of the absences required to be proven have
	been excused by a school official or by the court or that one or more
	of the absences were involuntary, but only if there is an
	insufficient number of unexcused or voluntary absences remaining to
	constitute truant conduct. The burden is on the child to show by a
	preponderance of the evidence that the absence has been or should be
	excused or that the absence was involuntary. A decision by the
	court to excuse an absence for purposes of this subsection does not
	affect the ability of the school district to determine whether to
	excuse the absence for another purpose.
	Sec. 65.004.  TRUANCY COURTS; JURISDICTION. (a)  The
	following are designated as truancy courts:
	(1)  in a county with a population of 1.75 million or
	more, the constitutional county court;
	(2)  justice courts; and
	(3)  municipal courts.
	(b)  A truancy court has exclusive original jurisdiction
	over cases involving allegations of truant conduct.
	(c)  A municipality may enter into an agreement with a
	contiguous municipality or a municipality with boundaries that are
	within one-half mile of the municipality seeking to enter into the
	agreement to establish concurrent jurisdiction of the municipal
	courts in the municipalities and provide original jurisdiction to a
	municipal court in which a truancy case is brought as if the
	municipal court were located in the municipality in which the case
	arose.
	(d)  A truancy court retains jurisdiction over a person,
	without regard to the age of the person, who was referred to the
	court under Section 65.051 for engaging in truant conduct before
	the person's 19th birthday, until final disposition of the case.
	Sec. 65.005.  COURT SESSIONS. A truancy court is considered
	to be in session at all times.
	Sec. 65.006.  VENUE. Venue for a proceeding under this
	chapter is the county in which the school in which the child is
	enrolled is located or the county in which the child resides.
	Sec. 65.007.  RIGHT TO JURY TRIAL. (a)  A child alleged to
	have engaged in truant conduct is entitled to a jury trial.
	(b)  The number of jurors in a case involving an allegation
	of truant conduct is six. The state and the child are each entitled
	to three peremptory challenges.
	(c)  There is no jury fee for a trial under this chapter.
	Sec. 65.008.  WAIVER OF RIGHTS. A right granted to a child
	by this chapter or by the constitution or laws of this state or the
	United States is waived in proceedings under this chapter if:
	(1)  the right is one that may be waived;
	(2)  the child and the child's parent or guardian are
	informed of the right, understand the right, understand the
	possible consequences of waiving the right, and understand that
	waiver of the right is not required;
	(3)  the child signs the waiver;
	(4)  the child's parent or guardian signs the waiver;
	and
	(5)  the child's attorney signs the waiver, if the child
	is represented by counsel.
	Sec. 65.009.  EFFECT OF ADJUDICATION. (a)  An adjudication
	of a child as having engaged in truant conduct is not a conviction
	of crime. An order of adjudication does not impose any civil
	disability ordinarily resulting from a conviction or operate to
	disqualify the child in any civil service application or
	appointment.
	(b)  The adjudication of a child as having engaged in truant
	conduct may not be used in any subsequent court proceedings, other
	than for the purposes of determining an appropriate remedial action
	under this chapter or in an appeal under this chapter.
	Sec. 65.010.  BURDEN OF PROOF. A court or jury may not
	return a finding that a child has engaged in truant conduct unless
	the state has proved the conduct beyond a reasonable doubt.
	Sec. 65.011.  APPLICABLE STATUTES REGARDING DISCOVERY.
	Discovery in a proceeding under this chapter is governed by Chapter
	39, Code of Criminal Procedure, other than Articles 39.14(i) and
	(j).
	Sec. 65.012.  PROCEDURAL RULES. The supreme court may
	promulgate rules of procedure applicable to proceedings under this
	chapter, including guidelines applicable to the informal
	disposition of truancy cases.
	Sec. 65.013.  INTERPRETERS. (a)  When on the motion for
	appointment of an interpreter by a party or on the motion of the
	court, in any proceeding under this chapter, the court determines
	that the child, the child's parent or guardian, or a witness does
	not understand and speak English, an interpreter must be sworn to
	interpret for the person. Articles 38.30(a), (b), and (c), Code of
	Criminal Procedure, apply in a proceeding under this chapter. A
	qualified telephone interpreter may be sworn to provide
	interpretation services if an interpreter is not available to
	appear in person before the court.
	(b)  In any proceeding under this chapter, if a party
	notifies the court that the child, the child's parent or guardian,
	or a witness is deaf, the court shall appoint a qualified
	interpreter to interpret the proceedings in any language, including
	sign language, that the deaf person can understand.  Articles
	38.31(d), (e), (f), and (g), Code of Criminal Procedure, apply in a
	proceeding under this chapter.
	Sec. 65.014.  SIGNATURES. Any requirement under this
	chapter that a document be signed or that a document contain a
	person's signature, including the signature of a judge or a clerk of
	the court, is satisfied if the document contains the signature of
	the person as captured on an electronic device or as a digital
	signature.
	Sec. 65.015.  PUBLIC ACCESS TO COURT HEARINGS. (a)  Except
	as provided by Subsection (b), a truancy court shall open a hearing
	under this chapter to the public unless the court, for good cause
	shown, determines that the public should be excluded.
	(b)  The court may prohibit a person from personally
	attending a hearing if the person is expected to testify at the
	hearing and the court determines that the person's testimony would
	be materially affected if the person hears other testimony at the
	hearing.
	Sec. 65.016.  RECORDING OF PROCEEDINGS. (a)  The
	proceedings in a truancy court that is not a court of record may not
	be recorded.
	(b)  The proceedings in a truancy court that is a court of
	record must be recorded by stenographic notes or by electronic,
	mechanical, or other appropriate means.
	Sec. 65.017.  JUVENILE CASE MANAGERS. A truancy court may
	employ a juvenile case manager in accordance with Article 45.056,
	Code of Criminal Procedure, to provide services to children who
	have been referred to the truancy court or who are in jeopardy of
	being referred to the truancy court.
	SUBCHAPTER B. INITIAL PROCEDURES
	Sec. 65.051.  INITIAL REFERRAL TO TRUANCY COURT. When a
	truancy court receives a referral under Section 25.0915, Education
	Code, and the court is not required to dismiss the referral under
	that section, the court shall forward the referral to a truant
	conduct prosecutor who serves the court.
	Sec. 65.052.  TRUANT CONDUCT PROSECUTOR.  In a justice or
	municipal court or a constitutional county court that is designated
	as a truancy court, the attorney who represents the state in
	criminal matters in that court shall serve as the truant conduct
	prosecutor.
	Sec. 65.053.  REVIEW BY PROSECUTOR. (a)  The truant conduct
	prosecutor shall promptly review the facts described in a referral
	received under Section 65.051.
	(b)  The prosecutor may, in the prosecutor's discretion,
	determine whether to file a petition with the truancy court
	requesting an adjudication of the child for truant conduct.  If the
	prosecutor decides not to file a petition requesting an
	adjudication, the prosecutor shall inform the truancy court and the
	school district of the decision.
	(c)  The prosecutor may not file a petition for an
	adjudication of a child for truant conduct if the referral was not
	made in compliance with Section 25.0915, Education Code.
	Sec. 65.054.  STATE'S PETITION.  (a)  A petition for an
	adjudication of a child for truant conduct initiates an action of
	the state against a child who has allegedly engaged in truant
	conduct.
	(b)  The proceedings shall be styled "In the matter of
	_______________, Child," identifying the child by the child's
	initials only.
	(c)  The petition may be on information and belief.
	(d)  The petition must state:
	(1)  with reasonable particularity the time, place, and
	manner of the acts alleged to constitute truant conduct;
	(2)  the name, age, and residence address, if known, of
	the child who is the subject of the petition;
	(3)  the names and residence addresses, if known, of at
	least one parent, guardian, or custodian of the child and of the
	child's spouse, if any; and
	(4)  if the child's parent, guardian, or custodian does
	not reside or cannot be found in the state, or if their places of
	residence are unknown, the name and residence address of any known
	adult relative residing in the county or, if there is none, the name
	and residence address of the known adult relative residing nearest
	to the location of the court.
	(e)  Filing fees may not be charged for the filing of the
	state's petition.
	Sec. 65.055.  LIMITATIONS PERIOD. A petition may not be
	filed after the 45th day after the date of the last absence giving
	rise to the act of truant conduct.
	Sec. 65.056.  HEARING DATE. (a)  After the petition has
	been filed, the truancy court shall set a date and time for an
	adjudication hearing.
	(b)  The hearing may not be held on or before the 10th day
	after the date the petition is filed.
	Sec. 65.057.  SUMMONS. (a)  After setting the date and time
	of an adjudication hearing, the truancy court shall direct the
	issuance of a summons to:
	(1)  the child named in the petition;
	(2)  the child's parent, guardian, or custodian;
	(3)  the child's guardian ad litem, if any; and
	(4)  any other person who appears to the court to be a
	proper or necessary party to the proceeding.
	(b)  The summons must require the persons served to appear
	before the court at the place, date, and time of the adjudication
	hearing to answer the allegations of the petition. A copy of the
	petition must accompany the summons. If a person, other than the
	child, required to appear under this section fails to attend a
	hearing, the truancy court may proceed with the hearing.
	(c)  The truancy court may endorse on the summons an order
	directing the person having the physical custody or control of the
	child to bring the child to the hearing.
	(d)  A party, other than the child, may waive service of
	summons by written stipulation or by voluntary appearance at the
	hearing.
	Sec. 65.058.  SERVICE OF SUMMONS. (a)  If a person to be
	served with a summons is in this state and can be found, the summons
	shall be served on the person personally or by registered or
	certified mail, return receipt requested, at least five days before
	the date of the adjudication hearing.
	(b)  Service of the summons may be made by any suitable
	person under the direction of the court.
	Sec. 65.059.  REPRESENTATION BY ATTORNEY. (a) A child may be
	represented by an attorney in a case under this chapter.
	Representation by an attorney is not required.
	(b)  A child is not entitled to have an attorney appointed to
	represent the child, but the court may appoint an attorney if the
	court determines it is in the best interest of the child.
	(c)  The court may order a child's parent or other
	responsible person to pay for the cost of an attorney appointed
	under this section if the court determines that the person has
	sufficient financial resources.
	Sec. 65.060.  CHILD'S ANSWER.  After the petition has been
	filed, the child may answer, orally or in writing, the petition at
	or before the commencement of the hearing.  If the child does not
	answer, a general denial of the alleged truant conduct is assumed.
	Sec. 65.061.  GUARDIAN AD LITEM. (a)  If a child appears
	before the truancy court without a parent or guardian, or it appears
	to the court that the child's parent or guardian is incapable or
	unwilling to make decisions in the best interest of the child with
	respect to proceedings under this chapter, the court may appoint a
	guardian ad litem to protect the interests of the child in the
	proceedings.
	(b)  An attorney for a child may also be the child's guardian
	ad litem. A law enforcement officer, probation officer, or other
	employee of the truancy court may not be appointed as a guardian ad
	litem.
	(c)  The court may order a child's parent or other person
	responsible to support the child to reimburse the county or
	municipality for the cost of the guardian ad litem.  The court may
	issue the order only after determining that the parent or other
	responsible person has sufficient financial resources to offset the
	cost of the child's guardian ad litem wholly or partly.
	Sec. 65.062.  ATTENDANCE AT HEARING. (a)  The child must be
	personally present at the adjudication hearing. The truancy court
	may not proceed with the adjudication hearing in the absence of the
	child.
	(b)  A parent or guardian of a child and any court-appointed
	guardian ad litem of a child is required to attend the adjudication
	hearing.
	(c)  Subsection (b) does not apply to:
	(1)  a person for whom, for good cause shown, the court
	excuses attendance;
	(2)  a person who is not a resident of this state; or
	(3)  a parent of a child for whom a managing conservator
	has been appointed and the parent is not a conservator of the child.
	Sec. 65.063.  RIGHT TO REEMPLOYMENT. (a)  An employer may
	not terminate the employment of a permanent employee because the
	employee is required under Section 65.062(b) to attend a hearing.
	(b)  Notwithstanding any other law, an employee whose
	employment is terminated in violation of this section is entitled
	to return to the same employment that the employee held when
	notified of the hearing if the employee, as soon as practical after
	the hearing, gives the employer actual notice that the employee
	intends to return.
	(c)  A person who is injured because of a violation of this
	section is entitled to:
	(1)  reinstatement to the person's former position;
	(2)  damages not to exceed an amount equal to six times
	the amount of monthly compensation received by the person on the
	date of the hearing; and
	(3)  reasonable attorney's fees in an amount approved
	by the court.
	(d)  It is a defense to an action brought under this section
	that the employer's circumstances changed while the employee
	attended the hearing and caused reemployment to be impossible or
	unreasonable. To establish a defense under this subsection, an
	employer must prove that the termination of employment was because
	of circumstances other than the employee's attendance at the
	hearing.
	Sec. 65.064.  SUBPOENA OF WITNESS. A witness may be
	subpoenaed in accordance with the procedures for the subpoena of a
	witness under the Code of Criminal Procedure.
	Sec. 65.065.  CHILD ALLEGED TO BE MENTALLY ILL. (a)  A party
	may make a motion requesting that a petition alleging a child to
	have engaged in truant conduct be dismissed because the child has a
	mental illness, as defined by Section 571.003, Health and Safety
	Code.  In response to the motion, the truancy court shall
	temporarily stay the proceedings to determine whether probable
	cause exists to believe the child has a mental illness. In making a
	determination, the court may:
	(1)  consider the motion, supporting documents,
	professional statements of counsel, and witness testimony; and
	(2)  observe the child.
	(b)  If the court determines that probable cause exists to
	believe that the child has a mental illness, the court shall dismiss
	the petition. If the court determines that evidence does not exist
	to support a finding that the child has a mental illness, the court
	shall dissolve the stay and continue with the truancy court
	proceedings.
	SUBCHAPTER C. ADJUDICATION HEARING AND REMEDIES
	Sec. 65.101.  ADJUDICATION HEARING; JUDGMENT.  (a)  A child
	may be found to have engaged in truant conduct only after an
	adjudication hearing conducted in accordance with the provisions of
	this chapter.
	(b)  At the beginning of the adjudication hearing, the judge
	of the truancy court shall explain to the child and the child's
	parent, guardian, or guardian ad litem:
	(1)  the allegations made against the child;
	(2)  the nature and possible consequences of the
	proceedings;
	(3)  the child's privilege against self-incrimination;
	(4)  the child's right to trial and to confrontation of
	witnesses;
	(5)  the child's right to representation by an attorney
	if the child is not already represented; and
	(6)  the child's right to a jury trial.
	(c)  Trial is by jury unless jury is waived in accordance
	with Section 65.008.  Jury verdicts under this chapter must be
	unanimous.
	(d)  The Texas Rules of Evidence do not apply in a truancy
	proceeding under this chapter except:
	(1)  when the judge hearing the case determines that a
	particular rule of evidence applicable to criminal cases must be
	followed to ensure that the proceedings are fair to all parties; or
	(2)  as otherwise provided by this chapter.
	(e)  A child alleged to have engaged in truant conduct need
	not be a witness against nor otherwise incriminate himself or
	herself.  An extrajudicial statement of the child that was obtained
	in violation of the constitution of this state or the United States
	may not be used in an adjudication hearing.  A statement made by the
	child out of court is insufficient to support a finding of truant
	conduct unless it is corroborated wholly or partly by other
	evidence.
	(f)  At the conclusion of the adjudication hearing, the court
	or jury shall find whether the child has engaged in truant conduct.
	The finding must be based on competent evidence admitted at the
	hearing. The child shall be presumed to have not engaged in truant
	conduct and no finding that a child has engaged in truant conduct
	may be returned unless the state has proved the conduct beyond a
	reasonable doubt.  In all jury cases the jury will be instructed
	that the burden is on the state to prove that a child has engaged in
	truant conduct beyond a reasonable doubt.
	(g)  If the court or jury finds that the child did not engage
	in truant conduct, the court shall dismiss the case with prejudice.
	(h)  If the court or jury finds that the child did engage in
	truant conduct, the court shall proceed to issue a judgment finding
	the child has engaged in truant conduct and order the remedies the
	court finds appropriate under Section 65.103. The jury is not
	involved in ordering remedies for a child who has been adjudicated
	as having engaged in truant conduct.
	Sec. 65.102.  REMEDIAL ACTIONS. (a)  The truancy court
	shall determine and order appropriate remedial actions in regard to
	a child who has been found to have engaged in truant conduct.
	(b)  The truancy court shall orally pronounce the court's
	remedial actions in the child's presence and enter those actions in
	a written order.
	(c)  After pronouncing the court's remedial actions, the
	court shall advise the child and the child's parent, guardian, or
	guardian ad litem of:
	(1)  the child's right to appeal, as detailed in
	Subchapter D; and
	(2)  the procedures for the sealing of the child's
	records under Section 65.201.
	Sec. 65.103.  REMEDIAL ORDER. (a)  A truancy court may
	enter a remedial order requiring a child who has 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 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 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.
	Sec. 65.104.  MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE. A
	truancy court's remedial order under Section 65.103 is effective
	until the later of:
	(1)  the date specified by the court in the order, which
	may not be later than the 180th day after the date the order is
	entered; or
	(2)  the last day of the school year in which the order
	was entered.
	Sec. 65.105.  ORDERS AFFECTING PARENTS AND OTHERS. (a)  If
	a child has been found to have engaged in truant conduct, the
	truancy court may:
	(1)  order the child and the child's parent to attend a
	class for students at risk of dropping out of school that is
	designed for both the child and the child's parent;
	(2)  order any person found by the court to have, by a
	wilful act or omission, contributed to, caused, or encouraged the
	child's truant conduct to do any act that the court determines to be
	reasonable and necessary for the welfare of the child or to refrain
	from doing any act that the court determines to be injurious to the
	child's welfare;
	(3)  enjoin all contact between the child and a person
	who is found to be a contributing cause of the child's truant
	conduct, unless that person is related to the child within the third
	degree by consanguinity or affinity, in which case the court may
	contact the Department of Family and Protective Services, if
	necessary;
	(4)  after notice to, and a hearing with, all persons
	affected, order any person living in the same household with the
	child to participate in social or psychological counseling to
	assist in the child's rehabilitation;
	(5)  order the child's parent or other person
	responsible for the child's support to pay all or part of the
	reasonable costs of treatment programs in which the child is
	ordered to participate if the court finds the child's parent or
	person responsible for the child's support is able to pay the costs;
	(6)  order the child's parent to attend a program for
	parents of students with unexcused absences that provides
	instruction designed to assist those parents in identifying
	problems that contribute to the child's unexcused absences and in
	developing strategies for resolving those problems; and
	(7)  order the child's parent to perform not more than
	50 hours of community service with the child.
	(b)  A person subject to an order proposed under Subsection
	(a) is entitled to a hearing before the order is entered by the
	court.
	(c)  On a finding by the court that a child's parents have
	made a reasonable good faith effort to prevent the child from
	engaging in truant conduct and that, despite the parents' efforts,
	the child continues to engage in truant conduct, the court shall
	waive any requirement for community service that may be imposed on a
	parent under this section.
	Sec. 65.106.  LIABILITY FOR CLAIMS ARISING FROM COMMUNITY
	SERVICE. (a)  A municipality or county that establishes a program
	to assist children and their parents in rendering community service
	under this subchapter may purchase an insurance policy protecting
	the municipality or county against a claim brought by a person other
	than the child or the child's parent for a cause of action that
	arises from an act of the child or parent while rendering the
	community service. The municipality or county is not liable for the
	claim to the extent that damages are recoverable under a contract of
	insurance or under a plan of self-insurance authorized by statute.
	(b)  The liability of the municipality or county for a claim
	that arises from an action of the child or the child's parent while
	rendering community service may not exceed $100,000 to a single
	person and $300,000 for a single occurrence in the case of personal
	injury or death, and $10,000 for a single occurrence of property
	damage. Liability may not extend to punitive or exemplary damages.
	(c)  This section does not waive a defense, immunity, or
	jurisdictional bar available to the municipality or county or its
	officers or employees, nor shall this section be construed to
	waive, repeal, or modify any provision of Chapter 101, Civil
	Practice and Remedies Code.
	Sec. 65.107.  COURT COST. (a)  If a child is found to have
	engaged in truant conduct, the truancy court, after giving the
	child, parent, or other person responsible for the child's support
	a reasonable opportunity to be heard, shall order the child,
	parent, or other person, if financially able to do so, to pay a
	court cost of $50 to the clerk of the court.
	(b)  The court's order to pay the $50 court cost is not
	effective unless the order is reduced to writing and signed by the
	judge. The written order to pay the court cost may be part of the
	court's order detailing the remedial actions in the case.
	(c)  The clerk of the court shall keep a record of the court
	costs collected under this section and shall forward the funds to
	the county treasurer, municipal treasurer, or person fulfilling the
	role of a county treasurer or municipal treasurer, as appropriate.
	(d)  The court costs collected under this section shall be
	deposited in a special account that can be used only to offset the
	cost of the operations of the truancy court.
	Sec. 65.108.  HEARING TO MODIFY REMEDY. (a)  A truancy
	court may hold a hearing to modify any remedy imposed by the court.
	A remedy may only be modified during the period the order is
	effective under Section 65.104.
	(b)  There is no right to a jury at a hearing under this
	section.
	(c)  A hearing to modify a remedy imposed by the court shall
	be held on the petition of the state, the court, or the child and the
	child's parent, guardian, guardian ad litem, or attorney.
	Reasonable notice of a hearing to modify disposition shall be given
	to all parties.
	(d)  Notwithstanding any other law, in considering a motion
	to modify a remedy imposed by the court, the truancy court may
	consider a written report from a school district official or
	employee, juvenile case manager, or professional consultant in
	addition to the testimony of witnesses. The court shall provide the
	attorney for the child and the prosecuting attorney with access to
	all written matters to be considered by the court. The court may
	order counsel not to reveal items to the child or to the child's
	parent, guardian, or guardian ad litem if the disclosure would
	materially harm the treatment and rehabilitation of the child or
	would substantially decrease the likelihood of receiving
	information from the same or similar sources in the future.
	(e)  The truancy court shall pronounce in court, in the
	presence of the child, the court's changes to the remedy, if any.
	The court shall specifically state the new remedy and the court's
	reasons for modifying the remedy in a written order. The court
	shall furnish a copy of the order to the child.
	Sec. 65.109.  MOTION FOR NEW TRIAL. The order of a truancy
	court may be challenged by filing a motion for new trial. Rules
	505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion
	for new trial.
	SUBCHAPTER D.  APPEAL
	Sec. 65.151.  RIGHT TO APPEAL. (a)  The child, the child's
	parent or guardian, or the state may appeal any order of a truancy
	court. A person subject to an order entered under Section 65.105
	may appeal that order.
	(b)  An appeal from a truancy court shall be to a juvenile
	court. The case must be tried de novo in the juvenile court. This
	chapter applies to the de novo trial in the juvenile court. On
	appeal, the judgment of the truancy court is vacated.
	(c)  A judgment of a juvenile court in a trial conducted
	under Subsection (b) may be appealed in the same manner as an appeal
	under Chapter 56.
	Sec. 65.152.  GOVERNING LAW. Rule 506, Texas Rules of Civil
	Procedure, applies to the appeal of an order of a truancy court to a
	juvenile court in the same manner as the rule applies to an appeal
	of a judgment of a justice court to a county court, except an appeal
	bond is not required.
	Sec. 65.153.  COUNSEL ON APPEAL. (a)  A child may be
	represented by counsel on appeal.
	(b)  If the child and the child's parent, guardian, or
	guardian ad litem request an appeal, the attorney who represented
	the child before the truancy court, if any, shall file a notice of
	appeal with the court that will hear the appeal and inform that
	court whether that attorney will handle the appeal.
	(c)  An appeal serves to vacate the order of the truancy
	court.
	SUBCHAPTER E.  RECORDS
	Sec. 65.201.  SEALING OF RECORDS. (a)  A child who has been
	found to have engaged in truant conduct may apply, on or after the
	child's 18th birthday, to the truancy court that made the finding to
	seal the records relating to the allegation and finding of truant
	conduct held by:
	(1)  the court;
	(2)  the truant conduct prosecutor; and
	(3)  the school district.
	(b)  The application must include the following information
	or an explanation of why one or more of the following is not
	included:
	(1)  the child's:
	(A)  full name;
	(B)  sex;
	(C)  race or ethnicity;
	(D)  date of birth;
	(E)  driver's license or identification card
	number; and
	(F)  social security number;
	(2)  the dates on which the truant conduct was alleged
	to have occurred; and
	(3)  if known, the cause number assigned to the
	petition and the court and county in which the petition was filed.
	(c)  The truancy court shall order that the records be sealed
	after determining the child complied with the remedies ordered by
	the court in the case.
	(d)  All index references to the records of the truancy court
	that are ordered sealed shall be deleted not later than the 30th day
	after the date of the sealing order.
	(e)  A truancy court, clerk of the court, truant conduct
	prosecutor, or school district shall reply to a request for
	information concerning a child's sealed truant conduct case that no
	record exists with respect to the child.
	(f)  Inspection of the sealed records may be permitted by an
	order of the truancy court on the petition of the person who is the
	subject of the records and only by those persons named in the order.
	(g)  A person whose records have been sealed under this
	section is not required in any proceeding or in any application for
	employment, information, or licensing to state that the person has
	been the subject of a proceeding under this chapter.  Any statement
	that the person has never been found to have engaged in truant
	conduct may not be held against the person in any criminal or civil
	proceeding.
	(h)  On or after the fifth anniversary of a child's 16th
	birthday, on the motion of the child or on the truancy court's own
	motion, the truancy court may order the destruction of the child's
	records that have been sealed under this section if the child has
	not been convicted of a felony.
	Sec. 65.202.  CONFIDENTIALITY OF RECORDS. Records and files
	created under this chapter may be disclosed only to:
	(1)  the judge of the truancy court, the truant conduct
	prosecutor, and the staff of the judge and prosecutor;
	(2)  the child or an attorney for the child;
	(3)  a governmental agency if the disclosure is
	required or authorized by law;
	(4)  a person or entity to whom the child is referred
	for treatment or services if the agency or institution disclosing
	the information has entered into a written confidentiality
	agreement with the person or entity regarding the protection of the
	disclosed information;
	(5)  the Texas Department of Criminal Justice and the
	Texas Juvenile Justice Department for the purpose of maintaining
	statistical records of recidivism and for diagnosis and
	classification;
	(6)  the agency; or
	(7)  with leave of the truancy court, any other person,
	agency, or institution having a legitimate interest in the
	proceeding or in the work of the court.
	Sec. 65.203.  DESTRUCTION OF CERTAIN RECORDS. A truancy
	court shall order the destruction of records relating to
	allegations of truant conduct that are held by the court or by the
	prosecutor if a prosecutor decides not to file a petition for an
	adjudication of truant conduct after a review of the referral under
	Section 65.053.
	SUBCHAPTER F.  ENFORCEMENT OF ORDERS
	Sec. 65.251.  FAILURE TO OBEY TRUANCY COURT ORDER; CHILD IN
	CONTEMPT OF COURT. (a)  If a child fails to obey an order issued by
	a truancy court under Section 65.103(a) or a child is in direct
	contempt of court, the truancy court, after providing notice and an
	opportunity for a hearing, may hold the child in contempt of court
	and order either or both of the following:
	(1)  that the child pay a fine not to exceed $100; or
	(2)  that the Department of Public Safety suspend the
	child's driver's license or permit or, if the child does not have a
	license or permit, order that the Department of Public Safety deny
	the issuance of a license or permit to the child until the child
	fully complies with the court's orders.
	(b)  If a child fails to obey an order issued by a truancy
	court under Section 65.103(a) or a child is in direct contempt of
	court and the child has failed to obey an order or has been found in
	direct contempt of court on two or more previous occasions, the
	truancy court, after providing notice and an opportunity for a
	hearing, may refer the child to the juvenile probation department
	as a request for truancy intervention, unless the child failed to
	obey the truancy court order or was in direct contempt of court
	while 17 years of age or older.
	(c)  On referral of the child to the juvenile probation
	department, the truancy court shall provide to the juvenile
	probation department:
	(1)  documentation of all truancy prevention measures
	taken by the originating school district;
	(2)  documentation of all truancy orders for each of
	the child's previous truancy referrals, including:
	(A)  court remedies and documentation of the
	child's failure to comply with the truancy court's orders, if
	applicable, demonstrating all interventions that were exhausted by
	the truancy court; and
	(B)  documentation describing the child's direct
	contempt of court, if applicable;
	(3)  the name, birth date, and last known address of the
	child and the school in which the child is enrolled; and
	(4)  the name and last known address of the child's
	parent or guardian.
	(d)  The juvenile probation department may, on review of
	information provided under Subsection (c):
	(1)  offer further remedies related to the local plan
	for truancy intervention strategies adopted under Section 25.0916,
	Education Code; or
	(2)  refer the child to a juvenile court for a hearing
	to be conducted under Section 65.252.
	(e)  A truancy court may not order the confinement of a child
	for the child's failure to obey an order of the court issued under
	Section 65.103(a).
	Sec. 65.252.  PROCEEDINGS IN JUVENILE COURT. (a)  After a
	referral by the local juvenile probation department, the juvenile
	court prosecutor shall determine if probable cause exists to
	believe that the child engaged in direct contempt of court or failed
	to obey an order of the truancy court under circumstances that would
	constitute contempt of court. On a finding that probable cause
	exists, the prosecutor shall determine whether to request an
	adjudication. Not later than the 20th day after the date the
	juvenile court receives a request for adjudication from the
	prosecutor, the juvenile court shall conduct a hearing to determine
	if the child engaged in conduct that constitutes contempt of the
	order issued by the truancy court or engaged in direct contempt of
	court.
	(b)  If the juvenile court finds that the child engaged in
	conduct that constitutes contempt of the order issued by the
	truancy court or direct contempt of court, the juvenile court
	shall:
	(1)  enter an order requiring the child to comply with
	the truancy court's order;
	(2)  forward a copy of the order to the truancy court
	within five days; and
	(3)  admonish the child, orally and in writing, of the
	consequences of subsequent referrals to the juvenile court,
	including:
	(A)  a possible charge of delinquent conduct for
	contempt of the truancy court's order or direct contempt of court;
	and
	(B)  a possible detention hearing.
	(c)  If the juvenile court prosecutor finds that probable
	cause does not exist to believe that the child engaged in direct
	contempt or in conduct that constitutes contempt of the order
	issued by the truancy court, or if the juvenile probation
	department finds that extenuating circumstances caused the
	original truancy referral, the juvenile court shall enter an order
	requiring the child's continued compliance with the truancy court's
	order and notify the truancy court not later than the fifth day
	after the date the order is entered.
	(d)  This section does not limit the discretion of a juvenile
	prosecutor or juvenile court to prosecute a child for conduct under
	Section 51.03.
	Sec. 65.253.  PARENT OR OTHER PERSON IN CONTEMPT OF COURT.
	(a)  A truancy court may enforce the following orders by contempt:
	(1)  an order that a parent of a child, guardian of a
	child, or any court-appointed guardian ad litem of a child attend an
	adjudication hearing under Section 65.062(b);
	(2)  an order requiring a person other than a child to
	take a particular action under Section 65.105(a);
	(3)  an order that a child's parent, or other person
	responsible to support the child, reimburse the municipality or
	county for the cost of the guardian ad litem appointed for the child
	under Section 65.061(c); and
	(4)  an order that a parent, or person other than the
	child, pay the $50 court cost under Section 65.107.
	(b)  A truancy court may find a parent or person other than
	the child in direct contempt of the court.
	(c)  The penalty for a finding of contempt under Subsection
	(a) or (b) is a fine in an amount not to exceed $100.
	(d)  In addition to the assessment of a fine under Subsection
	(c), direct contempt of the truancy court by a parent or person
	other than the child is punishable by:
	(1)  confinement in jail for a maximum of three days;
	(2)  a maximum of 40 hours of community service; or
	(3)  both confinement and community service.
	Sec. 65.254.  WRIT OF ATTACHMENT. A truancy court may issue
	a writ of attachment for a person who violates an order entered
	under Section 65.057(c). The writ of attachment is executed in the
	same manner as in a criminal proceeding as provided by Chapter 24,
	Code of Criminal Procedure.
	Sec. 65.255.  ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR
	OTHER ELIGIBLE PERSON. (a)  The truancy court shall:
	(1)  provide notice to a person who is the subject of a
	proposed truancy court order under Section 65.253; and
	(2)  provide a sufficient opportunity for the person to
	be heard regarding the proposed order.
	(b)  A truancy court order under Section 65.253 must be in
	writing and a copy promptly furnished to the parent or other
	eligible person.
	(c)  The truancy court may require the parent or other
	eligible person to provide suitable identification to be included
	in the court's file. Suitable identification includes
	fingerprints, a driver's license number, a social security number,
	or similar indicia of identity.
	Sec. 65.256.  APPEAL. (a)  The parent or other eligible
	person against whom a final truancy court order has been entered
	under Section 65.253 may appeal as provided by law from judgments
	entered by a justice court in civil cases.
	(b)  Rule 506, Texas Rules of Civil Procedure, applies to an
	appeal under this section, except an appeal bond is not required.
	(c)  The pendency of an appeal initiated under this section
	does not abate or otherwise affect the proceedings in the truancy
	court involving the child.
	Sec. 65.257.  MOTION FOR ENFORCEMENT. (a)  The state may
	initiate enforcement of a truancy court order under Section 65.253
	against a parent or person other than the child by filing a written
	motion. In ordinary and concise language, the motion must:
	(1)  identify the provision of the order allegedly
	violated and sought to be enforced;
	(2)  state specifically and factually the manner of the
	person's alleged noncompliance;
	(3)  state the relief requested; and
	(4)  contain the signature of the party filing the
	motion.
	(b)  The state must allege the particular violation by the
	person of the truancy court order that the state had a reasonable
	basis for believing the person was violating when the motion was
	filed.
	(c)  The truancy court may also initiate enforcement of an
	order under this section on its own motion.
	Sec. 65.258.  NOTICE AND APPEARANCE. (a)  On the filing of a
	motion for enforcement, the truancy court shall by written notice
	set the date, time, and place of the hearing and order the person
	against whom enforcement is sought to appear and respond to the
	motion.
	(b)  The notice must be given by personal service or by
	certified mail, return receipt requested, on or before the 10th day
	before the date of the hearing on the motion. The notice must
	include a copy of the motion for enforcement. Personal service must
	comply with the Code of Criminal Procedure.
	(c)  If a person moves to strike or specially excepts to the
	motion for enforcement, the truancy court shall rule on the
	exception or motion to strike before the court hears evidence on the
	motion for enforcement. If an exception is sustained, the court
	shall give the movant an opportunity to replead and continue the
	hearing to a designated date and time without the requirement of
	additional service.
	(d)  If a person who has been personally served with notice
	to appear at the hearing does not appear, the truancy court may not
	hold the person in contempt, but may issue a warrant for the arrest
	of the person.
	Sec. 65.259.  CONDUCT OF ENFORCEMENT HEARING. (a)  The
	movant must prove beyond a reasonable doubt that the person against
	whom enforcement is sought engaged in conduct constituting contempt
	of a reasonable and lawful court order as alleged in the motion for
	enforcement.
	(b)  The person against whom enforcement is sought has a
	privilege not to be called as a witness or otherwise to incriminate
	himself or herself.
	(c)  The truancy court shall conduct the enforcement hearing
	without a jury.
	(d)  The truancy court shall include in the court's judgment:
	(1)  findings for each violation alleged in the motion
	for enforcement; and
	(2)  the punishment, if any, to be imposed.
	(e)  If the person against whom enforcement is sought was not
	represented by counsel during any previous court proceeding
	involving a motion for enforcement, the person may, through
	counsel, raise any defense or affirmative defense to the proceeding
	that could have been asserted in the previous court proceeding that
	was not asserted because the person was not represented by counsel.
	(f)  It is an affirmative defense to enforcement of a truancy
	court order under Section 65.253 that the court did not provide the
	parent or other eligible person with due process of law in the
	proceeding in which the court entered the order.
	SECTION 28.  Section 264.304(c), Family Code, is amended to
	read as follows:
	(c)  The court shall determine that the child is an at-risk
	child if the court finds that the child has engaged in the following
	conduct:
	(1)  conduct, other than a traffic offense and except
	as provided by Subsection (d), that violates:
	(A)  the penal laws of this state; or
	(B)  the penal ordinances of any political
	subdivision of this state;
	(2)  the unexcused voluntary absence of the child on 10
	or more days or parts of days within a six-month period [or three or
	more days or parts of days within a four-week period] from school
	without the consent of the child's parent, managing conservator, or
	guardian;
	(3)  the voluntary absence of the child from the child's
	home without the consent of the child's parent, managing
	conservator, or guardian for a substantial length of time or
	without intent to return;
	(4)  conduct that violates the laws of this state
	prohibiting driving while intoxicated or under the influence of
	intoxicating liquor (first or second offense) or driving while
	under the influence of any narcotic drug or of any other drug to a
	degree that renders the child incapable of safely driving a vehicle
	(first or second offense); or
	(5)  conduct that evidences a clear and substantial
	intent to engage in any behavior described by Subdivisions (1)-(4).
	SECTION 29.  Section 26.045(d), Government Code, is amended
	to read as follows:
	(d)  A county court in a county with a population of 1.75
	million or more has original jurisdiction over cases alleging a
	violation of Section 25.093 [or 25.094], Education Code, or
	alleging truant conduct under Section 65.003(a), Family Code.
	SECTION 30.  Section 29.003(i), Government Code, is amended
	to read as follows:
	(i)  A municipality may enter into an agreement with a
	contiguous municipality or a municipality with boundaries that are
	within one-half mile of the municipality seeking to enter into the
	agreement to establish concurrent jurisdiction of the municipal
	courts in the municipalities and provide original jurisdiction to a
	municipal court in which a case is brought as if the municipal court
	were located in the municipality in which the case arose, for:
	(1)  all cases in which either municipality has
	jurisdiction under Subsection (a); and
	(2)  cases that arise under Section 821.022, Health and
	Safety Code, or Section 65.003(a) [25.094], Family [Education]
	Code.
	SECTION 31.  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 county, justice, or municipal court
	for a criminal offense or truant conduct, 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
	county, 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 county, 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 32.  Section 54.1172(a), Government Code, is amended
	to read as follows:
	(a)  The county judge may appoint one or more part-time or
	full-time magistrates to hear a matter alleging a violation of
	Section 25.093 [or 25.094], Education Code, or alleging truant
	conduct under Section 65.003(a), Family Code.
	SECTION 33.  Section 54.1952(a), Government Code, is amended
	to read as follows:
	(a)  The county judge may appoint one or more part-time or
	full-time magistrates to hear a matter alleging a violation of
	Section 25.093 [or 25.094], Education Code, or alleging truant
	conduct under Section 65.003(a), Family Code, referred to the
	magistrate by a court having jurisdiction over the matter.
	SECTION 34.  Section 54.1955, Government Code, is amended to
	read as follows:
	Sec. 54.1955.  POWERS. (a)  Except as limited by an order of
	the county judge, a magistrate appointed under this subchapter may:
	(1)  conduct hearings;
	(2)  hear evidence;
	(3)  issue summons for the appearance of witnesses;
	(4)  examine witnesses;
	(5)  swear witnesses for hearings;
	(6)  recommend rulings or orders or a judgment in a
	case;
	(7)  regulate proceedings in a hearing;
	(8)  accept a plea of guilty or nolo contendere in a
	case alleging a violation of Section 25.093 [or 25.094], Education
	Code, and assess a fine or court costs or order community service in
	satisfaction of a fine or costs in accordance with Article 45.049,
	Code of Criminal Procedure;
	(9)  for a violation of Section 25.093, Education Code,
	enter an order suspending a sentence or deferring a final
	disposition that includes at least one of the requirements listed
	in Article 45.051, Code of Criminal Procedure;
	(10)  for an uncontested adjudication of truant conduct
	under Section 65.003, Family Code, accept a plea to the petition or
	a stipulation of evidence, and take any other action authorized
	under Chapter 65, Family Code; and
	(11)  perform any act and take any measure necessary
	and proper for the efficient performance of the duties required by
	the referral order, including the entry of an order that includes at
	least one of the remedial options [requirements] in Section 65.103,
	Family Code [Article 45.054, Code of Criminal Procedure; and
	[(11)     if the magistrate finds that a child as defined
	by Article 45.058, Code of Criminal Procedure, has violated an
	order under Article 45.054, Code of Criminal Procedure, proceed as
	authorized by Article 45.050, Code of Criminal Procedure].
	(b)  With respect to an issue of law or fact the ruling on
	which could result in the dismissal of a prosecution under Section
	25.093 [or 25.094], Education Code, or a case of truant conduct
	under Section 65.003, Family Code, a magistrate may not rule on the
	issue but may make findings, conclusions, and recommendations on
	the issue.
	SECTION 35.  Section 54.1956, Government Code, is amended to
	read as follows:
	Sec. 54.1956.  NOT GUILTY PLEA ENTERED OR DENIAL OF ALLEGED
	CONDUCT. (a)  On entry of a not guilty plea for a violation of
	Section 25.093, Education Code, the magistrate shall refer the case
	back to the referring court for all further pretrial proceedings
	and a full trial on the merits before the court or a jury.
	(b)  On denial by a child of truant conduct, as defined by
	Section 65.003(a), Family Code, the magistrate shall refer the case
	to the appropriate truancy court for adjudication.
	SECTION 36.  Section 71.0352, Government Code, is amended to
	read as follows:
	Sec. 71.0352.  JUVENILE DATA [DATE]: JUSTICE, MUNICIPAL,
	AND TRUANCY [JUVENILE] COURTS. As a component of the official
	monthly report submitted to the Office of Court Administration of
	the Texas Judicial System:
	(1)  a justice court, [and] municipal court, or truancy
	court [courts] shall report the number of cases filed for [the
	following offenses]:
	(A)  truant conduct under Section 65.003(a),
	Family Code [failure to attend school under Section 25.094,
	Education Code];
	(B)  the offense of parent contributing to
	nonattendance under Section 25.093, Education Code; and
	(C)  a violation of a local daytime curfew
	ordinance adopted under Section 341.905 or 351.903, Local
	Government Code; and
	(2)  in cases in which a child fails to obey an order of
	a justice court, [or] municipal court, or truancy court under
	circumstances that would constitute contempt of court, the justice
	court, [or] municipal court, or truancy court shall report the
	number of incidents in which the child is:
	(A)  referred to the appropriate juvenile court
	for delinquent conduct as provided by Article 45.050(c)(1), Code of
	Criminal Procedure, or [and] Section 65.251 [51.03(a)(2)], Family
	Code; or
	(B)  held in contempt, fined, or denied driving
	privileges as provided by Article 45.050(c)(2), Code of Criminal
	Procedure, or Section 65.251, Family Code.
	SECTION 37.  Section 102.021, Government Code, is amended to
	read as follows:
	Sec. 102.021.  COURT COSTS ON CONVICTION:  CODE OF CRIMINAL
	PROCEDURE. A person convicted of an offense shall pay the following
	under the Code of Criminal Procedure, in addition to all other
	costs:
	(1)  court cost on conviction of any offense, other
	than a conviction of an offense relating to a pedestrian or the
	parking of a motor vehicle (Art. 102.0045, Code of Criminal
	Procedure) . . . $4;
	(2)  a fee for services of prosecutor (Art. 102.008,
	Code of Criminal Procedure) . . . $25;
	(3)  fees for services of peace officer:
	(A)  issuing a written notice to appear in court
	for certain violations (Art. 102.011, Code of Criminal Procedure)
	. . . $5;
	(B)  executing or processing an issued arrest
	warrant, capias, or capias pro fine (Art. 102.011, Code of Criminal
	Procedure) . . . $50;
	(C)  summoning a witness (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(D)  serving a writ not otherwise listed (Art.
	102.011, Code of Criminal Procedure) . . . $35;
	(E)  taking and approving a bond and, if
	necessary, returning the bond to courthouse (Art. 102.011, Code of
	Criminal Procedure) . . . $10;
	(F)  commitment or release (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(G)  summoning a jury (Art. 102.011, Code of
	Criminal Procedure) . . . $5;
	(H)  attendance of a prisoner in habeas corpus
	case if prisoner has been remanded to custody or held to bail (Art.
	102.011, Code of Criminal Procedure) . . . $8 each day;
	(I)  mileage for certain services performed (Art.
	102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
	(J)  services of a sheriff or constable who serves
	process and attends examining trial in certain cases (Art. 102.011,
	Code of Criminal Procedure) . . . not to exceed $5;
	(4)  services of a peace officer in conveying a witness
	outside the county (Art. 102.011, Code of Criminal Procedure) . . .
	$10 per day or part of a day, plus actual necessary travel expenses;
	(5)  overtime of peace officer for time spent
	testifying in the trial or traveling to or from testifying in the
	trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
	(6)  court costs on an offense relating to rules of the
	road, when offense occurs within a school crossing zone (Art.
	102.014, Code of Criminal Procedure) . . . $25;
	(7)  court costs on an offense of passing a school bus
	(Art. 102.014, Code of Criminal Procedure) . . . $25;
	(8)  court costs on an offense of parent contributing
	to student nonattendance [truancy or contributing to truancy] (Art.
	102.014, Code of Criminal Procedure) . . . $20;
	(9)  cost for visual recording of intoxication arrest
	before conviction (Art. 102.018, Code of Criminal Procedure) . . .
	$15;
	(10)  cost of certain evaluations (Art. 102.018, Code
	of Criminal Procedure) . . . actual cost;
	(11)  additional costs attendant to certain
	intoxication convictions under Chapter 49, Penal Code, for
	emergency medical services, trauma facilities, and trauma care
	systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
	(12)  additional costs attendant to certain child
	sexual assault and related convictions, for child abuse prevention
	programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
	(13)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(1), Code of Criminal Procedure) . . . $250;
	(14)  court cost for DNA testing for the offense of
	public lewdness or indecent exposure (Art. 102.020(a)(2), Code of
	Criminal Procedure) . . . $50;
	(15)  court cost for DNA testing for certain felonies
	(Art. 102.020(a)(3), Code of Criminal Procedure) . . . $34;
	(16)  if required by the court, a restitution fee for
	costs incurred in collecting restitution installments and for the
	compensation to victims of crime fund (Art. 42.037, Code of
	Criminal Procedure) . . . $12;
	(17)  if directed by the justice of the peace or
	municipal court judge hearing the case, court costs on conviction
	in a criminal action (Art. 45.041, Code of Criminal Procedure)
	. . . part or all of the costs as directed by the judge; and
	(18)  costs attendant to convictions under Chapter 49,
	Penal Code, and under Chapter 481, Health and Safety Code, to help
	fund drug court programs established under Chapter 122, 123, 124,
	or 125, Government Code, or former law (Art. 102.0178, Code of
	Criminal Procedure) . . . $60.
	SECTION 38.  Section 103.021, Government Code, is amended to
	read as follows:
	Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR
	CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
	or a party to a civil suit, as applicable, shall pay the following
	fees and costs under the Code of Criminal Procedure if ordered by
	the court or otherwise required:
	(1)  a personal bond fee (Art. 17.42, Code of Criminal
	Procedure) . . . the greater of $20 or three percent of the amount
	of the bail fixed for the accused;
	(2)  cost of electronic monitoring as a condition of
	release on personal bond (Art. 17.43, Code of Criminal Procedure)
	. . . actual cost;
	(3)  a fee for verification of and monitoring of motor
	vehicle ignition interlock (Art. 17.441, Code of Criminal
	Procedure) . . . not to exceed $10;
	(3-a)  costs associated with operating a global
	positioning monitoring system as a condition of release on bond
	(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
	subject to a determination of indigency;
	(3-b)  costs associated with providing a defendant's
	victim with an electronic receptor device as a condition of the
	defendant's release on bond (Art. 17.49(b)(3), Code of Criminal
	Procedure) . . . actual costs, subject to a determination of
	indigency;
	(4)  repayment of reward paid by a crime stoppers
	organization on conviction of a felony (Art. 37.073, Code of
	Criminal Procedure) . . . amount ordered;
	(5)  reimbursement to general revenue fund for payments
	made to victim of an offense as condition of community supervision
	(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for
	a misdemeanor offense or $100 for a felony offense;
	(6)  payment to a crime stoppers organization as
	condition of community supervision (Art. 42.12, Code of Criminal
	Procedure) . . . not to exceed $50;
	(7)  children's advocacy center fee (Art. 42.12, Code
	of Criminal Procedure) . . . not to exceed $50;
	(8)  family violence center fee (Art. 42.12, Code of
	Criminal Procedure) . . . $100;
	(9)  community supervision fee (Art. 42.12, Code of
	Criminal Procedure) . . . not less than $25 or more than $60 per
	month;
	(10)  additional community supervision fee for certain
	offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per
	month;
	(11)  for certain financially able sex offenders as a
	condition of community supervision, the costs of treatment,
	specialized supervision, or rehabilitation (Art. 42.12, Code of
	Criminal Procedure) . . . all or part of the reasonable and
	necessary costs of the treatment, supervision, or rehabilitation as
	determined by the judge;
	(12)  fee for failure to appear for trial in a justice
	or municipal court if a jury trial is not waived (Art. 45.026, Code
	of Criminal Procedure) . . . costs incurred for impaneling the
	jury;
	(13)  costs of certain testing, assessments, or
	programs during a deferral period (Art. 45.051, Code of Criminal
	Procedure) . . . amount ordered;
	(14)  special expense on dismissal of certain
	misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
	. . . not to exceed amount of fine assessed;
	(15)  an additional fee:
	(A)  for a copy of the defendant's driving record
	to be requested from the Department of Public Safety by the judge
	(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
	to the sum of the fee established by Section 521.048,
	Transportation Code, and the state electronic Internet portal fee;
	(B)  as an administrative fee for requesting a
	driving safety course or a course under the motorcycle operator
	training and safety program for certain traffic offenses to cover
	the cost of administering the article (Art. 45.0511(f)(1), Code of
	Criminal Procedure) . . . not to exceed $10; or
	(C)  for requesting a driving safety course or a
	course under the motorcycle operator training and safety program
	before the final disposition of the case (Art. 45.0511(f)(2), Code
	of Criminal Procedure) . . . not to exceed the maximum amount of the
	fine for the offense committed by the defendant;
	(16)  a request fee for teen court program (Art.
	45.052, Code of Criminal Procedure) . . . $20, if the court
	ordering the fee is located in the Texas-Louisiana border region,
	but otherwise not to exceed $10;
	(17)  a fee to cover costs of required duties of teen
	court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
	court ordering the fee is located in the Texas-Louisiana border
	region, but otherwise $10;
	(18)  a mileage fee for officer performing certain
	services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
	mile;
	(19)  certified mailing of notice of hearing date (Art.
	102.006, Code of Criminal Procedure) . . . $1, plus postage;
	(20)  certified mailing of certified copies of an order
	of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
	plus postage;
	(20-a)  a fee to defray the cost of notifying state
	agencies of orders of expungement (Art. 45.0216, Code of Criminal
	Procedure) . . . $30 per application;
	[(20-b)     a fee to defray the cost of notifying state
	agencies of orders of expunction (Art. 45.055, Code of Criminal
	Procedure) .   .   . $30 per application;]
	(21)  sight orders:
	(A)  if the face amount of the check or sight order
	does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $10;
	(B)  if the face amount of the check or sight order
	is greater than $10 but does not exceed $100 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $15;
	(C)  if the face amount of the check or sight order
	is greater than $100 but does not exceed $300 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $30;
	(D)  if the face amount of the check or sight order
	is greater than $300 but does not exceed $500 (Art. 102.007, Code of
	Criminal Procedure) . . . not to exceed $50; and
	(E)  if the face amount of the check or sight order
	is greater than $500 (Art. 102.007, Code of Criminal Procedure)
	. . . not to exceed $75;
	(22)  fees for a pretrial intervention program:
	(A)  a supervision fee (Art. 102.012(a), Code of
	Criminal Procedure) . . . $60 a month plus expenses; and
	(B)  a district attorney, criminal district
	attorney, or county attorney administrative fee (Art. 102.0121,
	Code of Criminal Procedure) . . . not to exceed $500;
	(23)  parking fee violations for child safety fund in
	municipalities with populations:
	(A)  greater than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not less than $2 and not to exceed $5; and
	(B)  less than 850,000 (Art. 102.014, Code of
	Criminal Procedure) . . . not to exceed $5;
	(24)  an administrative fee for collection of fines,
	fees, restitution, or other costs (Art. 102.072, Code of Criminal
	Procedure) . . . not to exceed $2 for each transaction; and
	(25)  a collection fee, if authorized by the
	commissioners court of a county or the governing body of a
	municipality, for certain debts and accounts receivable, including
	unpaid fines, fees, court costs, forfeited bonds, and restitution
	ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
	percent of an amount more than 60 days past due.
	SECTION 39.  Subchapter B, Chapter 103, Government Code, is
	amended by adding Section 103.035 to read as follows:
	Sec. 103.035.  ADDITIONAL COSTS IN TRUANCY CASES: FAMILY
	CODE. A party to a truancy case in a truancy court shall pay court
	costs of $50 under Section 65.107, Family Code, if ordered by the
	truancy court.
	SECTION 40.  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 41.  The following laws are repealed:
	(1)  Articles 45.054 and 45.055, Code of Criminal
	Procedure;
	(2)  Sections 25.094 and 25.0916(d), Education Code;
	and
	(3)  Sections 51.03(d), (e-1), and (g), 51.04(h),
	51.08(e), 54.021, 54.0402, 54.041(f) and (g), and 54.05(a-1),
	Family Code.
	SECTION 42.  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 43.  To the extent of any conflict, this Act prevails
	over another Act of the 84th Legislature, Regular Session, 2015,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 44.  This Act takes effect September 1, 2015.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 2398 was passed by the House on May
	13, 2015, by the following vote:  Yeas 140, Nays 0, 2 present, not
	voting; that the House refused to concur in Senate amendments to
	H.B. No. 2398 on May 27, 2015, and requested the appointment of a
	conference committee to consider the differences between the two
	houses; and that the House adopted the conference committee report
	on H.B. No. 2398 on May 30, 2015, by the following vote:  Yeas 118,
	Nays 27, 2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 2398 was passed by the Senate, with
	amendments, on May 24, 2015, by the following vote:  Yeas 27, Nays
	3; at the request of the House, the Senate appointed a conference
	committee to consider the differences between the two houses; and
	that the Senate adopted the conference committee report on H.B. No.
	2398 on May 30, 2015, by the following vote:  Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor