84R1953 LEH-D
	By: Whitmire	S.B. No. 106

	A BILL TO BE ENTITLED
	AN ACT
	relating to the prevention of truancy and the offense of failure to
	attend school; providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 45.054(i), Code of Criminal Procedure,
	is amended to read as follows:
	(i)  A county, justice, or municipal court shall dismiss the
	complaint against an individual alleging that the individual
	committed an offense under Section 25.094, Education Code, if:
	(1)  the court finds that the individual has
	successfully complied with the conditions imposed on the individual
	by the court under this article; or
	(2)  the individual presents to the court proof that
	the individual has obtained a high school diploma or a high school
	equivalency certificate after taking a high school equivalency
	examination administered under Section 7.111, Education Code.
	SECTION 2.  Article 45.055(e), Code of Criminal Procedure,
	is amended to read as follows:
	(e)  A court shall expunge an individual's conviction under
	Section 25.094, Education Code, and records relating to a
	conviction, regardless of whether the individual has previously
	been convicted of an offense under that section, if:
	(1)  the court finds that the individual has
	successfully complied with the conditions imposed on the individual
	by the court under Article 45.054; or
	(2)  before the individual's 21st birthday, the
	individual presents to the court proof that the individual has
	obtained a high school diploma or a high school equivalency
	certificate after taking a high school equivalency examination
	administered under Section 7.111, Education Code.
	SECTION 3.  Section 25.085, Education Code, is amended by
	amending Subsection (e) and adding Subsections (g) and (h) to read
	as follows:
	(e)  A person who voluntarily enrolls in school or
	voluntarily attends school after the person's 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 that 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.
	(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 4.  Section 25.0915, Education Code, is amended by
	amending Subsection (a) and adding Subsections (a-1), (a-2), (d),
	and (e) to read as follows:
	(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 violates Section 25.094;
	(2)  minimize the need for referrals to juvenile court
	for conduct described by Section 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 may 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 juvenile court; or
	(B)  school-based community service; or
	(2)  refer the student to counseling, 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.
	(d)  Except as provided by Subsection (e), a school district
	shall employ a truancy prevention facilitator 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
	juvenile or criminal 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 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.
	SECTION 5.  Section 25.094(e), Education Code, is amended to
	read as follows:
	(e)  An offense under this section is a [Class C] misdemeanor
	punishable by a fine 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.
	SECTION 6.  Sections 25.0951(a) and (b), 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 within 10 school days of the
	student's 10th absence:
	(1)  file a complaint against the student or the
	student's parent or, if the district provides evidence that both
	the student and the student's parent contributed to the student's
	failure to attend school, both the student and the parent 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, if the district provides evidence that both
	the student and the student's parent contributed to the student's
	failure to attend school, both the student and the parent 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 7.  The changes in law made by this Act apply only to
	conduct violating Section 25.094, Education Code, on or after the
	effective date of this Act. A violation that occurs before the
	effective date of this Act is covered by the law in effect on the
	date the violation occurred, and the former law is continued in
	effect for that purpose.  For purposes of this section, a violation
	occurs before the effective date of this Act if any element of the
	violation occurs before that date.
	SECTION 8.  This Act takes effect September 1, 2015.