Because of the large size of this file, it has been edited so that only provisions affecting the text of statutes in Baker's Texas Handbook Series are retained. For the complete text of this bill, see the web site of the Texas Legislative Reference Library.
 1-1                                   AN ACT
 1-2     relating to truancy, high school equivalency programs, and the
 1-3     authority of justice, municipal, and certain juvenile courts in
 1-4     relation to children; providing criminal penalties.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

18-23          SECTION 8.  Article 45.050, Code of Criminal Procedure, is
18-24    amended to read as follows:
18-25          Art. 45.050.  FAILURE TO PAY FINE; CONTEMPT: JUVENILES.
18-26    (a)  In this article, "child" has the meaning assigned by Article
 19-1    45.058(h).
 19-2          (b)  A justice court or municipal court may not order the
 19-3    confinement of a person who is a child for the purposes of Title
 19-4    3, Family Code, for:
 19-5                (1)  the failure to pay all or any part of a fine or
 19-6    costs imposed for the conviction of an offense punishable by fine
 19-7    only; or
 19-8                (2)  contempt of another order of a justice or
 19-9    municipal court.
19-10          (c) (b)  If a person who is a child under Section 51.02,
19-11    Family Code, fails to obey an order of a justice or municipal
19-12    court under circumstances that would constitute contempt of court,
19-13    the justice or municipal court has jurisdiction to:
19-14                (1)  has jurisdiction to hold the child in contempt of
19-15    the justice or municipal court order as provided by Section
19-16    52.027(h), Family Code; or
19-17                (2)  refer the child to the appropriate juvenile
19-18    court for delinquent conduct for contempt of the justice or
19-19    municipal court order; or
19-20                (2)  may retain jurisdiction of the case and:
19-21                      (A)  hold the child in contempt of the justice or
19-22    municipal court order and impose a fine not to exceed $500; or
19-23                      (B)  order the Department of Public Safety to
19-24    suspend the child's driver's license or permit or, if the child
19-25    does not have a license or permit, to deny the issuance of a
19-26    license or permit to the child until the child fully complies with
 20-1    the orders of the court.
 20-2          (d)  A court that orders suspension or denial of a driver's
 20-3    license or permit under Subsection (c)(2)(B) shall notify the
 20-4    Department of Public Safety on receiving proof that the child has
 20-5    fully complied with the orders of the court.
 20-6          SECTION 9.  Subchapter B, Chapter 45, Code of Criminal
 20-7    Procedure, is amended by adding Articles 45.054 through 45.059 to
 20-8    read as follows:
 20-9          Art. 45.054.  FAILURE TO ATTEND SCHOOL PROCEEDINGS.  (a)  On
20-10    a finding by a justice or municipal court that an individual has
20-11    committed an offense under Section 25.094, Education Code, the
20-12    court has jurisdiction to enter an order that includes one or more
20-13    of the following provisions requiring that:
20-14                (1)  the individual:
20-15                      (A)  attend school without unexcused absences;
20-16                      (B)  attend a preparatory class for the high
20-17    school equivalency examination administered under Section 7.111,
20-18    Education Code, if the court determines that the individual is too
20-19    old to do well in a formal classroom environment; or
20-20                      (C)  if the individual is at least 16 years of
20-21    age, take the high school equivalency examination administered
20-22    under Section 7.111, Education Code;
20-23                (2)  the individual attend a special program that the
20-24    court determines to be in the best interest of the individual,
20-25    including:
20-26                      (A)  an alcohol and drug abuse program;
 21-1                      (B)  a rehabilitation program;
 21-2                      (C)  a counseling program, including
 21-3    self-improvement counseling;
 21-4                      (D)  a program that provides training in
 21-5    self-esteem and leadership;
 21-6                      (E)  a work and job skills training program;
 21-7                      (F)  a program that provides training in
 21-8    parenting, including parental responsibility;
 21-9                      (G)  a program that provides training in manners;
21-10                      (H)  a program that provides training in violence
21-11    avoidance;
21-12                      (I)  a program that provides sensitivity
21-13    training; and
21-14                      (J)  a program that provides training in advocacy
21-15    and mentoring;
21-16                (3)  the individual and the individual's parent attend
21-17    a class for students at risk of dropping out of school designed for
21-18    both the individual and the individual's parent;
21-19                (4)  the individual complete reasonable community
21-20    service requirements; or
21-21                (5)  for the total number of hours ordered by the
21-22    court, the individual participate in a tutorial program covering
21-23    the academic subjects in which the student is enrolled provided by
21-24    the school the individual attends.
21-25          (b)  An order under Subsection (a)(3) that requires the
21-26    parent of an individual to attend a class for students at risk of
 22-1    dropping out of school is enforceable in the justice or municipal
 22-2    court by contempt.
 22-3          (c)  A court having jurisdiction under this article shall
 22-4    endorse on the summons issued to the parent of the individual who
 22-5    is the subject of the hearing an order directing the parent to
 22-6    appear personally at the hearing and directing the person having
 22-7    custody of the individual to bring the individual to the hearing.
 22-8          (d)  An individual commits an offense if the individual is a
 22-9    parent who fails to attend a hearing under this article after
22-10    receiving notice under Subsection (c) that the individual's
22-11    attendance is required.  An offense under this subsection is a
22-12    Class C misdemeanor.
22-13          (e)  On the commencement of proceedings under this article,
22-14    the court shall inform the individual who is the subject of the
22-15    hearing and the individual's parent in open court of the
22-16    individual's expunction rights and provide the individual and the
22-17    individual's parent with a written copy of Article 45.055.
22-18          (f)  In addition to any other order authorized by this
22-19    article, the court may order the Department of Public Safety to
22-20    suspend the driver's license or permit of the individual who is the
22-21    subject of the hearing or, if the individual does not have a
22-22    license or permit, to deny the issuance of a license or permit to
22-23    the individual for a period specified by the court not to exceed
22-24    365 days.
22-25          (g)  A dispositional order under this article is effective
22-26    for the period specified by the court in the order but may not
 23-1    extend beyond the 180th day after the date of the order or beyond
 23-2    the end of the school year in which the order was entered,
 23-3    whichever period is longer.
 23-4          (h)  In this article, "parent" includes a person standing in
 23-5    parental relation.
 23-6          Art. 45.055.  EXPUNCTION OF CONVICTION AND RECORDS IN FAILURE
 23-7    TO ATTEND SCHOOL CASES.  (a)  An individual convicted of not more
 23-8    than one violation of Section 25.094, Education Code, may, on or
 23-9    after the individual's 18th birthday, apply to the court in which
23-10    the individual was convicted to have the conviction and records
23-11    relating to the conviction expunged.
23-12          (b)  To apply for an expunction, the applicant must submit a
23-13    written request that:
23-14                (1)  is made under oath;
23-15                (2)  states that the applicant has not been convicted
23-16    of more than one violation of Section 25.094, Education Code; and
23-17                (3)  is in the form determined by the applicant.
23-18          (c)  The court may expunge the conviction and records
23-19    relating to the conviction without a hearing or, if facts are in
23-20    doubt, may order a hearing on the application.  If the court finds
23-21    that the applicant has not been convicted of more than one
23-22    violation of Section 25.094, Education Code, the court shall order
23-23    the conviction, together with all complaints, verdicts, sentences,
23-24    and other documents relating to the offense, including any
23-25    documents in the possession of a school district or law enforcement
23-26    agency, to be expunged from the applicant's record.  After entry of
 24-1    the order, the applicant is released from all disabilities
 24-2    resulting from the conviction, and the conviction may not be shown
 24-3    or made known for any purpose.  The court shall inform the
 24-4    applicant of the court's decision on the application.
 24-5          (d)  The justice or municipal court may not require an
 24-6    individual who files an application under this article to pay any
 24-7    fee or court costs for seeking expunction.
 24-8          Art. 45.056.  AUTHORITY TO EMPLOY TRUANCY CASE MANAGERS;
 24-9    REIMBURSEMENT.  (a)  On approval of the commissioners court, city
24-10    council, school district board of trustees, juvenile board, or
24-11    other appropriate authority, a justice court, municipal court,
24-12    school district, juvenile probation department, or other
24-13    appropriate governmental entity may:
24-14                (1)  employ a case manager to provide services in
24-15    truancy cases; or
24-16                (2)  agree in accordance with Chapter 791, Government
24-17    Code, to jointly employ a case manager to provide services in
24-18    truancy cases.
24-19          (b)  A local entity may apply or more than one local entity
24-20    may jointly apply to the criminal justice division of the
24-21    governor's office for reimbursement of all or part of the costs of
24-22    employing one or more truancy case managers from funds appropriated
24-23    to the governor's office or otherwise available for that purpose.
24-24    To be eligible for reimbursement, the entity applying must present
24-25    to the governor's office a comprehensive plan to reduce truancy in
24-26    the entity's jurisdiction that addresses the role of the case
 25-1    manager in that effort.
 25-2          Art. 45.057.  OFFENSES COMMITTED BY JUVENILES.  (a)  In this
 25-3    article, "child" has the meaning assigned by Article 45.058(h).
 25-4          (b)  On a finding by a justice or municipal court that a
 25-5    child committed an offense that the court has jurisdiction of under
 25-6    Article 4.11 or 4.14, other than a traffic offense, the court has
 25-7    jurisdiction to enter an order:
 25-8                (1)  referring the child or the child's parent,
 25-9    managing conservator, or guardian for services under Section
25-10    264.302, Family Code;
25-11                (2)  requiring that the child attend a special program
25-12    that the court determines to be in the best interest of the child
25-13    and, if the program involves the expenditure of county funds, that
25-14    is approved by the county  commissioners court, including a
25-15    rehabilitation, counseling, self-esteem and leadership, work and
25-16    job skills training, job interviewing and work preparation,
25-17    self-improvement, parenting, manners, violence avoidance, tutoring,
25-18    sensitivity training, parental responsibility, community service,
25-19    restitution, advocacy, or mentoring program; or
25-20                (3)  if the court finds the parent, managing
25-21    conservator, or guardian, by act or omission, contributed to,
25-22    caused, or encouraged the child's conduct, requiring that the
25-23    child's parent, managing conservator, or guardian do any act or
25-24    refrain from doing any act that the court determines will increase
25-25    the likelihood that the child will comply with the orders of the
25-26    court and that is reasonable and necessary for the welfare of the
 26-1    child, including:
 26-2                      (A)  attend a parenting class or parental
 26-3    responsibility program; and
 26-4                      (B)  attend the child's school classes or
 26-5    functions.
 26-6          (c)  The justice or municipal court may order the parent,
 26-7    managing conservator, or guardian of a child required to attend a
 26-8    program under Subsection (b) to pay an amount not greater than $100
 26-9    to pay for the costs of the program.
26-10          (d)  A justice or municipal court may require a child,
26-11    parent, managing conservator, or guardian required to attend a
26-12    program, class, or function under this article to submit proof of
26-13    attendance to the court.
26-14          (e)  A justice or municipal court shall endorse on the
26-15    summons issued to a parent, managing conservator, or guardian an
26-16    order to appear personally at the hearing with the child.  The
26-17    summons must include a warning that the failure of the parent,
26-18    managing conservator, or guardian to appear may be punishable as a
26-19    Class C misdemeanor.
26-20          (f)  An order under this article involving a child is
26-21    enforceable under Article 45.050.
26-22          (g)  A person commits an offense if the person is a parent,
26-23    managing conservator, or guardian who fails to attend a hearing
26-24    under this article after receiving an order under Subsection (e).
26-25    An offense under this subsection is a Class C misdemeanor.
26-26          (h)  Any other order under this article is enforceable by the
 27-1    justice or municipal court by contempt.
 27-2          Art. 45.058.  CHILDREN TAKEN INTO CUSTODY.  (a)  A child may
 27-3    be released to the child's parent, guardian, custodian, or other
 27-4    responsible adult as provided by Section 52.02(a)(1), Family Code,
 27-5    if the child is taken into custody for an offense that a justice or
 27-6    municipal court has jurisdiction of under Article 4.11 or 4.14,
 27-7    other than public intoxication.
 27-8          (b)  A child described by Subsection (a) must be taken only
 27-9    to a place previously designated by the head of the law enforcement
27-10    agency with custody of the child as an appropriate place of
27-11    nonsecure custody for children unless the child:
27-12                (1)  is released under Section 52.02(a)(1), Family
27-13    Code; or
27-14                (2)  is taken before a justice or municipal court.
27-15          (c)  A place of nonsecure custody for children must be an
27-16    unlocked, multipurpose area.  A lobby, office, or interrogation
27-17    room is suitable if the area is not designated, set aside, or used
27-18    as a secure detention area and is not part of a secure detention
27-19    area.  A place of nonsecure custody may be a juvenile processing
27-20    office designated under Section 52.025, Family Code, if the area is
27-21    not locked when it is used as a place of nonsecure custody.
27-22          (d)  The following procedures shall be followed in a place of
27-23    nonsecure custody for children:
27-24                (1)  a child may not be secured physically to a cuffing
27-25    rail, chair, desk, or other stationary object;
27-26                (2)  the child may be held in the nonsecure facility
 28-1    only long enough to accomplish the purpose of identification,
 28-2    investigation, processing, release to parents, or the arranging of
 28-3    transportation to the appropriate juvenile court, juvenile
 28-4    detention facility, secure detention facility, justice court, or
 28-5    municipal court;
 28-6                (3)  residential use of the area is prohibited; and
 28-7                (4)  the child shall be under continuous visual
 28-8    supervision by a law enforcement officer or facility staff person
 28-9    during the time the child is in nonsecure custody.
28-10          (e)  Notwithstanding any other provision of this article, a
28-11    child may not, under any circumstances, be detained in a place of
28-12    nonsecure custody for more than six hours.
28-13          (f)  A child taken into custody for an offense that a justice
28-14    or municipal court has jurisdiction of under Article 4.11 or 4.14,
28-15    other than public intoxication, may be presented or detained in a
28-16    detention facility designated by the juvenile court under Section
28-17    52.02(a)(3), Family Code, only if:
28-18                (1)  the child's non-traffic case is transferred to the
28-19    juvenile court by a justice or municipal court under Section
28-20    51.08(b), Family Code; or
28-21                (2)  the child is referred to the juvenile court by a
28-22    justice or municipal court for contempt of court under Article
28-23    45.050.
28-24          (g)  A law enforcement officer may issue a field release
28-25    citation as provided by Article 14.06 in place of taking a child
28-26    into custody for a traffic offense or an offense, other than public
 29-1    intoxication, punishable by fine only.
 29-2          (h)  In this article, "child" means a person who is:
 29-3                (1)  at least 10 years of age and younger than 17 years
 29-4    of age; and
 29-5                (2)  charged with or convicted of an offense that a
 29-6    justice or municipal court has jurisdiction of under Article 4.11
 29-7    or 4.14.
 29-8          Art. 45.059.  CHILDREN TAKEN INTO CUSTODY FOR VIOLATION OF
 29-9    JUVENILE CURFEW OR ORDER.  (a)  A peace officer taking into custody
29-10    a person younger than 17 years of age for violation of a juvenile
29-11    curfew ordinance of a municipality or order of the commissioners
29-12    court of a county shall, without unnecessary delay:
29-13                (1)  release the person to the person's parent,
29-14    guardian, or custodian;
29-15                (2)  take the person before a justice or municipal
29-16    court to answer the charge; or
29-17                (3)  take the person to a place designated as a
29-18    juvenile curfew processing office by the head of the law
29-19    enforcement agency having custody of the person.
29-20          (b)  A juvenile curfew processing office must observe the
29-21    following procedures:
29-22                (1)  the office must be an unlocked, multipurpose area
29-23    that is not designated, set aside, or used as a secure detention
29-24    area or part of a secure detention area;
29-25                (2)  the person may not be secured physically to a
29-26    cuffing rail, chair, desk, or stationary object;
 30-1                (3)  the person may not be held longer than necessary
 30-2    to accomplish the purposes of identification, investigation,
 30-3    processing, release to a parent, guardian, or custodian, or
 30-4    arrangement of transportation to school or court;
 30-5                (4)  a juvenile curfew processing office may not be
 30-6    designated or intended for residential purposes;
 30-7                (5)  the person must be under continuous visual
 30-8    supervision by a peace officer or other person during the time the
 30-9    person is in the juvenile curfew processing office; and
30-10                (6)  a person may not be held in a juvenile curfew
30-11    processing office for more than six hours.
30-12          (c)  A place designated under this article as a juvenile
30-13    curfew processing office is not subject to the approval of the
30-14    juvenile board having jurisdiction where the governmental entity is
30-15    located.

30-24          SECTION 11.  Section 51.03, Family Code, is amended by
30-25    amending Subsections (b), (d), (e), and (f) and adding Subsection
30-26    (g) to read as follows:
 31-1          (b)  Conduct indicating a need for supervision is:
 31-2                (1)  subject to Subsection (f) of this section,
 31-3    conduct, other than a traffic offense, that violates:
 31-4                      (A)  the penal laws of this state of the grade of
 31-5    misdemeanor that are punishable by fine only; or
 31-6                      (B)  the penal ordinances of any political
 31-7    subdivision of this state;
 31-8                (2)  the unexcused voluntary absence of a child on 10
 31-9    or more days or parts of days within a six-month period in the same
31-10    school year or on three or more days or parts of days within a
31-11    four-week period from school without the consent of his parents;
31-12                (3)  the voluntary absence of a child from the child's
31-13    his home without the consent of the child's his parent or
31-14    guardian for a substantial length of time or without intent to
31-15    return;
31-16                (4)  conduct prohibited by city ordinance or by state
31-17    law involving the inhalation of the fumes or vapors of paint and
31-18    other protective coatings or glue and other adhesives and the
31-19    volatile chemicals itemized in Section 484.002, Health and Safety
31-20    Code;
31-21                (5)  an act that violates a school district's
31-22    previously communicated written standards of student conduct for
31-23    which the child has been expelled under Section 37.007(c),
31-24    Education Code; or
31-25                (6)  conduct that violates a reasonable and lawful
31-26    order of a court entered under Section 264.305.
 32-1          (d)  It is an affirmative defense to an allegation of conduct
 32-2    under Subsection (b)(2) that one or more of the absences required
 32-3    to be proven under that subsection have been excused by a school
 32-4    official or should be excused by the court or that one of the
 32-5    absences was involuntary.  The burden is on the respondent to show
 32-6    by a preponderance of the evidence that the absence has been or
 32-7    should be excused or that the absence was involuntary.  A decision
 32-8    by the court to excuse an absence for purposes of this subsection
 32-9    does not affect the ability of the school district to determine
32-10    whether to excuse the absence for another purpose.  For the
32-11    purpose of Subsection (b)(2) of this section an absence is excused
32-12    when the absence results from:
32-13                (1)  illness of the child;
32-14                (2)  illness or death in the family of the child;
32-15                (3)  quarantine of the child and family;
32-16                (4)  weather or road conditions making travel
32-17    dangerous;
32-18                (5)  an absence approved by a teacher, principal, or
32-19    superintendent of the school in which the child is enrolled; or
32-20                (6)  circumstances found reasonable and proper.
32-21          (e)  For the purposes of Subdivisions (2) and (3) of
32-22    Subsection (b)(3) (b) of this section, "child" does not include a
32-23    person who is married, divorced, or widowed.
32-24          (f)  Except as provided by Subsection (g), conduct Conduct
32-25    described under Subsection (b)(1) of this section, other than
32-26    conduct that violates Section 49.02, Penal Code, prohibiting public
 33-1    intoxication, does not constitute conduct indicating a need for
 33-2    supervision unless the child has been referred to the juvenile
 33-3    court under Section 51.08(b) of this code.
 33-4          (g)  In a county with a population of less than 100,000,
 33-5    conduct described by Subsection (b)(1)(A) that violates Section
 33-6    25.094, Education Code, is conduct indicating a need for
 33-7    supervision.
 33-8          SECTION 12.  Section 51.04, Family Code, is amended by
 33-9    amending Subsection (a) and adding Subsection (h) to read as
33-10    follows:
33-11          (a)  This title covers the proceedings in all cases involving
33-12    the delinquent conduct or conduct indicating a need for supervision
33-13    engaged in by a person who was a child within the meaning of this
33-14    title at the time the person he engaged in the conduct, and,
33-15    except as provided by Subsection (h), the juvenile court has
33-16    exclusive original jurisdiction over proceedings under this title.
33-17          (h)  In a county with a population of less than 100,000, the
33-18    juvenile court has concurrent jurisdiction with the justice and
33-19    municipal courts over conduct engaged in by a child that violates
33-20    Section 25.094, Education Code.
33-21          SECTION 13.  Subsection (a), Section 51.12, Family Code, is
33-22    amended to read as follows:
33-23          (a)  Except as provided by Subsection (h), a child may be
33-24    detained only in a:
33-25                (1)  juvenile processing office in compliance with
33-26    Section 52.025;
 34-1                (2)  place of nonsecure custody in compliance with
 34-2    Article 45.058, Code of Criminal Procedure Section 52.027;
 34-3                (3)  certified juvenile detention facility that
 34-4    complies with the requirements of Subsection (f);
 34-5                (4)  secure detention facility as provided by
 34-6    Subsection (j); or
 34-7                (5)  county jail or other facility as provided by
 34-8    Subsection (l).
 34-9          SECTION 14.  Subsection (b), Section 54.021, Family Code, is
34-10    amended to read as follows:
34-11          (b)  A justice or municipal court may exercise jurisdiction
34-12    over a person alleged to have engaged in conduct indicating a need
34-13    for supervision by engaging in conduct described in Section
34-14    51.03(b)(2) in a case where:
34-15                (1)  the juvenile court has waived its original
34-16    jurisdiction under this section; and
34-17                (2)  a complaint is filed by the appropriate authority
34-18    in the justice or municipal court charging an offense under Section
34-19    25.094, Education Code.
34-20          (c)  A proceeding in a justice or municipal court on a
34-21    complaint charging an offense under Section 25.094, Education Code,
34-22    is governed by Chapter 45, Code of Criminal Procedure.  A justice
34-23    or municipal court may exercise jurisdiction under this section
34-24    without regard to whether the justice of the peace or municipal
34-25    judge for the court is a licensed attorney or the hearing for a
34-26    case is before a jury consisting of six persons.
 35-1          SECTION 15.  Subsection (f), Section 54.041, Family Code, is
 35-2    amended to read as follows:
 35-3          (f)  If a child is found to have engaged in conduct
 35-4    indicating a need for supervision described under Section
 35-5    51.03(b)(2) or (g) of this code, the court may order the child's
 35-6    parents or guardians to attend a program class described by
 35-7    Section 25.093(f) 25.093(h), Education Code, if a program is
 35-8    available the school district in which the child's parents or
 35-9    guardians reside offers a class under that section.
35-10          SECTION 16.  Subsection (e), Section 264.302, Family Code, is
35-11    amended to read as follows:
35-12          (e)  The department shall provide services for a child and
35-13    the child's family if a contract to provide services under this
35-14    section is available in the county and the child is referred to the
35-15    department as an at-risk child by:
35-16                (1)  a court under Section 264.304;
35-17                (2)  a juvenile court or probation department as part
35-18    of a progressive sanctions program under Chapter 59;
35-19                (3)  a law enforcement officer or agency under Section
35-20    52.03; or
35-21                (4)  a justice or municipal court under Article 45.057,
35-22    Code of Criminal Procedure Section 54.022.

 37-9          SECTION 19.  (a)  Section 25.096, Education Code, is
37-10    repealed.
37-11          (b)  Sections 52.027 and 52.028, Subsections (c) through (h),
37-12    Section 54.021, and Section 54.022, Family Code, are repealed.
37-13          SECTION 20.  The change in law made by this Act applies only
37-14    to a defendant charged with an offense committed or, for the
37-15    purposes of Title 3,  Family Code, a child alleged to have engaged
37-16    in conduct that occurs on or after the effective date of this Act.
37-17    An offense committed or conduct that occurs before the effective
37-18    date of this Act is covered by the law in effect when the offense
37-19    was committed or the conduct occurred, and the former law is
37-20    continued in effect for that purpose.  For purposes of this
37-21    section, an offense was committed before the effective date of this
37-22    Act if every element of the offense occurred before that date, and
37-23    conduct violating a penal law of this state occurred before the
37-24    effective date of this Act if every element of the violation
37-25    occurred before that date.
37-26          SECTION 21.  For purposes of Sections 25.093 and 25.094,
 38-1    Education Code, and Section 51.03, Family Code, as amended by this
 38-2    Act, and Section 25.0951, Education Code, as added by this Act, an
 38-3    absence that occurs during the 2001-2002 school year is included in
 38-4    determining the number of a student's absences, regardless of
 38-5    whether the absence occurred before the effective date of this Act.
 38-6          SECTION 22.  Section 29.087, Education Code, as added by this
 38-7    Act, applies to each student enrolled in a high school equivalency
 38-8    examination program operated by a school district or an
 38-9    open-enrollment charter school on or after the effective date of
38-10    this Act.
38-11          SECTION 23.  (a)  Except as provided by Subsection (b) of
38-12    this section, this Act takes effect September 1, 2001.
38-13          (b)  Section 29.087, Education Code, as added by Section 7 of
38-14    this Act, takes effect January 1, 2002.
                                                               S.B. No. 1432
            _______________________________     _______________________________
                President of the Senate              Speaker of the House
                  I hereby certify that S.B. No. 1432 passed the Senate on
            May 1, 2001, by a viva-voce vote; May 21, 2001, Senate refused to
            concur in House amendments and requested appointment of Conference
            Committee; May 22, 2001, House granted request of the Senate;
            May 27, 2001, Senate adopted Conference Committee Report by a
            viva-voce vote.
                                                _______________________________
                                                    Secretary of the Senate
                  I hereby certify that S.B. No. 1432 passed the House, with
            amendments, on May 11, 2001, by a non-record vote; May 22, 2001,
            House granted request of the Senate for appointment of Conference
            Committee; May 27, 2001, House adopted Conference Committee Report
            by a non-record vote.
                                                _______________________________
                                                    Chief Clerk of the House
            Approved:
            _______________________________
                         Date
            _______________________________
                       Governor