S.B. No. 358




AN ACT



relating to the jurisdiction of constitutional county
courts over truancy cases and the appointment of magistrates
to hear truancy cases in certain counties.


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


	SECTION 1.  Section 26.045, Government Code, is amended
by amending Subsection (c) and adding Subsections (d)
and (e) to read as follows:


	(c)  Except as provided by Subsection (d), a
[A] county court that is in a county
with a criminal district court does not have any criminal
jurisdiction.


	(d)  A county court in a county with a population
of two million or more has original jurisdiction over
cases alleging a violation of Section 25.093 or 25.094,
Education Code.


	(e)  Subsections (c) and (d) do [This
subsection does] not affect the jurisdiction
of a statutory county court.


	SECTION 2.  Chapter 54, Government Code, is amended
by adding Subchapter V to read as follows:



SUBCHAPTER V.  MAGISTRATES IN
CERTAIN COUNTY COURTS



	Sec. 54.1151.  APPLICATION OF SUBCHAPTER.  This subchapter
applies to a constitutional county court in a county
with a population of two million or more.


	Sec. 54.1152.  APPOINTMENT.  (a)  The county judge
may appoint one or more full-time magistrates to hear
a matter alleging a violation of Section 25.093 or
25.094, Education Code.


	(b)  An appointment under Subsection (a) is subject
to the approval of the commissioners court.


	(c)  A magistrate serves at the pleasure of the county
judge.


	Sec. 54.1153.  QUALIFICATIONS.  A magistrate must:


		(1)  be a citizen of this state;


		(2)  be at least 25 years of age; and


		(3)  have been licensed to practice law in this state
for at least four years preceding the date of appointment.


	Sec. 54.1154.  COMPENSATION.  A magistrate is entitled
to the compensation set by the commissioners court.
 The compensation shall be paid from the general fund
of the county.


	Sec. 54.1155.  POWERS.  Except as limited by an order
of the county judge, a magistrate appointed under this
subchapter may:


		(1)  conduct hearings and trials, including jury
trials;


		(2)  hear evidence;


		(3)  compel production of relevant evidence, including
books, papers, vouchers, documents, and other writings;


		(4)  rule on admissibility of evidence;


		(5)  issue summons and attachments for the appearance
of witnesses;


		(6)  examine witnesses;


		(7)  swear witnesses for hearings and trials; and


		(8)  perform any act and take any measure necessary
and proper for the efficient performance of the duties
assigned by the county judge.


	Sec. 54.1156.  PAPERS TRANSMITTED TO JUDGE.  (a)
 At the conclusion of a hearing, the magistrate shall
transmit to the judge any papers relating to the case,
including:


		(1)  the magistrate's findings and recommendations;
and


		(2)  a statement that notice of the findings and
recommendations and of the right to a hearing before
the judge has been given to all parties.


	(b)  The judge shall adopt, modify, or reject the
magistrate's recommendations not later than the third
working day after the date the judge receives the recommendations.


	(c)  The judge shall send written notice of any modification
or rejection of the magistrate's recommendations to
each party to the case.


	SECTION 3.  Subsections (a) and (b), Section 25.091,
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)  referring a student to a juvenile court or filing
a complaint against a student in a county, justice,
or municipal court if the student has unexcused absences
for the amount of time specified under Section 25.094
or under Section 51.03(b)(2), Family Code; and


			(B)  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;


		(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)  referring a student to a juvenile court or filing
a complaint against a student in a county, justice,
or municipal court if the student has unexcused absences
for the amount of time specified under Section 25.094
or under Section 51.03(b)(2), Family Code; and


			(B)  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;


		(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 4.  Subsection (b), Section 25.093, Education
Code, is amended to read as follows:


	(b)  The attendance officer or other appropriate school
official shall file a complaint against the parent
in:


		(1)  the constitutional county court of the county
in which the parent resides or in which the school
is located, if the county has a population of two million
or more;


		(2)  a justice court of any precinct in the county
in which the parent resides or in which the school
is located; or


		(3)  [in] a municipal court
of the municipality in which the parent resides or
in which the school is located.


	SECTION 5.  Subsection (d), Section 25.093, Education
Code, as amended by Chapter 1504, Acts of the 77th
Legislature, Regular Session, 2001, and as amended
and relettered by Chapter 1514, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to
read as follows:


	(d)  A fine collected under this section shall be deposited
as follows:


		(1)  one-half shall be deposited to the credit of the
operating fund of, as applicable:


			(A)  the school district in which the child attends
school;


			(B)  the open-enrollment charter school the child attends;
or


			(C)  the juvenile justice alternative education program
that the child has been ordered to attend; and


		(2)  one-half shall be deposited to the credit of:


			(A)  the general fund of the county, if the complaint
is filed in the justice court or the constitutional
county court; or


			(B)  the general fund of the municipality, if the complaint
is filed in municipal court.


	SECTION 6.  Subsections (b) and (c), Section 25.094,
Education Code, are amended to read as follows:


	(b)  An offense under this section may be prosecuted
in:


		(1)  the constitutional county court of the county
in which the individual resides or in which the school
is located, if the county has a population of two million
or more;


		(2)  a justice court of any precinct in the county
in which the individual resides or in which the school
is located; or


		(3)  [in] a municipal court
in the municipality in which the individual resides
or in which the school is located.


	(c)  On a finding by the county, justice,
or municipal court that the individual has committed
an offense under Subsection (a) or on a finding by
a juvenile court in a county with a population of less
than 100,000 that the individual has engaged in conduct
that violates Subsection (a), the court may enter an
order that includes one or more of the requirements
listed in Article 45.054, Code of Criminal Procedure,
as added by Chapter 1514, Acts of the 77th Legislature,
Regular Session, 2001.


	SECTION 7.  Subsection (d), Section 25.094, Education
Code, as amended by Chapter 1297, Acts of the 77th
Legislature, Regular Session, 2001, is amended to read
as follows:


	(d)  If the county, justice, or municipal
court believes that a child has violated an order issued
under Subsection (c), the court may proceed as authorized
by Section 54.023, Family Code, by holding the child
in contempt and imposing a fine not to exceed $500
or by referring the child to juvenile court for delinquent
conduct.


	SECTION 8.  Subsection (d), Section 25.094, Education
Code, as amended by Chapter 1514, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as
Subsection (d-1) and is amended to read as follows:


	(d-1) [(d)]  Pursuant to an
order of the county, justice, or municipal
court based on an affidavit showing probable cause
to believe that an individual has committed an offense
under this section, a peace officer may take the individual
into custody.  A peace officer taking an individual
into custody under this subsection shall:


		(1)  promptly notify the individual's parent, guardian,
or custodian of the officer's action and the reason
for that action; and


		(2)  without unnecessary delay:


			(A)  release the individual to the individual's parent,
guardian, or custodian or to another responsible adult,
if the person promises to bring the individual to the
county, justice, or municipal court as
requested by the court; or


			(B)  bring the individual to a county, justice,
or municipal court with venue over the offense.


	SECTION 9.  Subsections (a) and (b), Section 25.0951,
Education Code, are amended to read as follows:


	(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:


		(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.


	(b)  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.


	SECTION 10.  Section 25.0952, Education Code, is amended
to read as follows:


	Sec. 25.0952.  PROCEDURES APPLICABLE TO TRUANCY-RELATED
OFFENSES.  In a proceeding [in a justice or
municipal court] 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 11.  Subsection (a), Section 51.03, Family Code,
is 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 [municipal]
court [or justice 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;


		(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).


	SECTION 12.  Section 54.021, Family Code, is amended
to read as follows:


	Sec. 54.021.  COUNTY, JUSTICE, OR MUNICIPAL
COURT:  TRUANCY.  (a)  The juvenile court may waive
its exclusive original jurisdiction and transfer a
child to the constitutional county court, if the
county has a population of two million or more, or
to an appropriate justice or municipal court, with
the permission of the county, justice,
or municipal court, for disposition in the manner provided
by Subsection (b) [of this section]
if the child is alleged to have engaged in conduct
described in Section 51.03(b)(2) [of this code].
 A waiver of jurisdiction under this subsection may
be for an individual case or for all cases in which
a child is alleged to have engaged in conduct described
in Section 51.03(b)(2) [of this code].
 The waiver of a juvenile court's exclusive original
jurisdiction for all cases in which a child is alleged
to have engaged in conduct described in Section 51.03(b)(2)
[of this code] is effective for a
period of one year.


	(b)  A county, justice, or municipal court
may exercise jurisdiction over a person alleged to
have engaged in conduct indicating a need for supervision
by engaging in conduct described in Section 51.03(b)(2)
in a case where:


		(1)  the juvenile court has waived its original jurisdiction
under this section; and


		(2)  a complaint is filed by the appropriate authority
in the county, justice, or municipal
court charging an offense under Section 25.094, Education
Code.


	(c)  A proceeding in a county, justice,
or municipal court on a complaint charging an offense
under Section 25.094, Education Code, is governed by
Chapter 45, Code of Criminal Procedure.


	(d)  Notwithstanding any other law, the costs assessed
in a case filed in or transferred to a constitutional
county court for an offense under Section 25.093 or
25.094, Education Code, must be the same as the costs
assessed for a case filed in a justice court for an
offense under Section 25.093 or 25.094, Education Code.


	(e)  The proceedings before a constitutional county
court related to an offense under Section 25.093 or
25.094, Education Code, may be recorded in any manner
provided by Section 30.00010, Government Code, for
recording proceedings in a municipal court of record.


	SECTION 13.  Subsections (o) and (u), Section 54.04,
Family Code, are amended to read as follows:


	(o)  In a disposition under this title:


		(1)  a status offender may not, under any circumstances,
be committed to the Texas Youth Commission for engaging
in conduct that would not, under state or local law,
be a crime if committed by an adult;


		(2)  a status offender may not, under any circumstances
other than as provided under Subsection (n), be placed
in a post-adjudication secure correctional facility;
and


		(3)  a child adjudicated for contempt of a county,
justice, or municipal court order may not, under
any circumstances, be placed in a post-adjudication
secure correctional facility or committed to the Texas
Youth Commission for that conduct.


	(u)  For the purposes of disposition under Subsection
(d)(2), delinquent conduct that violates a penal law
of this state of the grade of felony or misdemeanor
does not include conduct that violates a lawful order
of a county, municipal, justice, or juvenile
court under circumstances that would constitute contempt
of that court.


	SECTION 14.  Subsection (a), Article 45.054, Code of
Criminal Procedure, as added by Chapter 1514, Acts
of the 77th Legislature, Regular Session, 2001, is
amended to read as follows:


	(a)  On a finding by a county, justice,
or municipal court that an individual has committed
an offense under Section 25.094, Education Code, the
court has jurisdiction to enter an order that includes
one or more of the following provisions requiring that:


		(1)  the individual:


			(A)  attend school without unexcused absences;


			(B)  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 too old to do well in a formal classroom
environment; or


			(C)  if the individual is at least 16 years of age,
take the high school equivalency examination administered
under Section 7.111, Education Code;


		(2)  the individual attend a special program that the
court determines to be in the best interest of the
individual, including:


			(A)  an alcohol and drug abuse program;


			(B)  a rehabilitation program;


			(C)  a counseling program, including self-improvement
counseling;


			(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;


		(3)  the individual and the individual's parent attend
a class for students at risk of dropping out of school
designed for both the individual and the individual's
parent;


		(4)  the individual complete reasonable community service
requirements; or


		(5)  for the total number of hours ordered by the court,
the individual participate in a tutorial program covering
the academic subjects in which the student is enrolled
provided by the school the individual attends.


	SECTION 15.  Subsection (d), Article 45.055, Code of
Criminal Procedure, is amended to read as follows:


	(d)  The [justice or municipal] court
may not require an individual who files an application
under this article to pay any fee or court costs for
seeking expunction.


	SECTION 16.  Section 26.201, Government Code, is repealed.


	SECTION 17.  (a)  The change in law made by this Act
applies only to an offense committed on or after the
effective date of this Act.  For purposes of this section,
an offense is committed before the effective date of
this Act if any element of the offense occurs before
that date.


	(b)  An offense committed before the effective date
of this Act is covered by the law in effect when the
offense was committed, and the former law is continued
in effect for that purpose.


	SECTION 18.  This Act takes effect September 1, 2003.



______________________________ 
  ______________________________




President of the Senate        
    Speaker of the House



	I hereby certify that S.B. No. 358 passed the Senate
on March 20, 2003, by a viva-voce vote; and that the
Senate concurred in House amendment on May 9, 2003,
by a viva-voce vote.




______________________________


    Secretary of the Senate


	I hereby certify that S.B. No. 358 passed the House,
with amendment, on May 1, 2003, by a non-record vote.


______________________________


    Chief Clerk of the House


Approved:


______________________________


             Date


______________________________


           Governor