HBA-MPM, JRA H.B. 1961 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1961
By: Grusendorf
Public Education
7/19/1999
Enrolled



BACKGROUND AND PURPOSE 

The Education Code directs school attendance officers to file a complaint
against the parents of a child if the parents fail to require their child
to attend school.  A violation of the compulsory attendance law is a class
C misdemeanor, punishable by a fine.  One-half of the fine collected is
required to be deposited to the credit of the general fund of the county or
municipality in which the complaint is filed, and the other half is
deposited to the credit of the operating fund of the child's school
district. 

In 1995, the 75th Texas Legislature created juvenile justice alternative
education programs to educate students who are expelled from school for
serious offenses.  Once a juvenile is ordered to attend an alternative
education program, the student no longer technically attends school in the
school district.  Therefore, any fines collected for a student who does not
attend an alternative education program do not go to the operating fund of
the institution which is responsible for that student's education. 

H.B. 1961 requires the truancy fines that would ordinarily be deposited
with the operating fund of a child's school district to be deposited to the
credit of the juvenile justice alternative education program if the child
has been ordered to attend such an institution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 25.093(f), Education Code, to require one-half
of the fine collected under this section (Thwarting Compulsory Attendance
Law) to be deposited to the credit of the juvenile justice alternative
education program that a child has been ordered to attend, if the child has
been ordered to attend such a program, rather than to the credit of the
operating fund of the child's school district. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.