HBA-JRA H.B. 440 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 440 By: Luna, Vilma Public Education 3/17/1999 Introduced BACKGROUND AND PURPOSE Under current law, it is not clear if a child's absence from school is considered an excused absence if the child has run away from home. H.B. 440 establishes that such an absence is considered unexcused, permits school administrators and constables to serve legal process in the same manner as attendance officers, and sets forth the requirements for serving a truant child's parents with a warning. 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 25.087(a), Education Code, to prohibit a teacher, principal, or superintendent from excusing an absence resulting from the voluntary absence of a child from the child's home that is without the consent of the child's parent or guardian and is for a substantial length of time or without intent to return. SECTION 2. Amends Subchapter C, Chapter 25, Education Code, by adding Section 25.0911, to authorize a school district administrator, school administrator, or constable designated in writing by an attendance officer to serve legal process under the same circumstances and in the same manner as an attendance officer under Section 25.091, Education Code (Powers and Duties of Attendance Officer). SECTION 3. Amends Section 25.093, Education Code, to provide that a warning to any parent of a child required to attend school who fails to require the child to attend school may be an actual warning or a warning in writing that is sent by registered or certified mail with return receipt requested, by telegram with report of delivery requested, or by first class mail if the letter was returned unopened with markings indicating that the address is incorrect and there is no current forwarding order, and is addressed to the parent at the parent's address shown in the school records. Provides that the warning is presumed to have been received no later than the fifth day after the date the warning was sent. Redesignates existing Subsections (c)-(i) to (d)-(j). Makes a conforming change. SECTION 4. Makes application of this Act prospective to the 2000-2001 school year. SECTION 5. Emergency clause. Effective date: upon passage.