H.B. No. 3917

Statutes affected:
Introduced: ()
House Committee Report: ()
Engrossed: ()
Senate Committee Report: ()
Enrolled: ()

	AN ACT
	relating to dismissal of a complaint alleging a parent contributing
	to nonattendance on the parent's fulfillment of certain terms.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 45.0531, Code of Criminal Procedure, is
	amended to read as follows:
	Art. 45.0531.  DISMISSAL OF PARENT CONTRIBUTING TO
	NONATTENDANCE CHARGE. (a) Subject to Subsection (b) and
	notwithstanding [Notwithstanding] any other law, a county,
	justice, or municipal court, at the court's discretion, may dismiss
	a charge against a defendant alleging the defendant committed an
	offense under Section 25.093, Education Code, if the court finds
	that a dismissal would be in the interest of justice because:
	(1)  there is a low likelihood of recidivism by the
	defendant; or
	(2)  sufficient justification exists for the failure to
	attend school.
	(b)  Notwithstanding any other law, a county, justice, or
	municipal court shall dismiss a charge against a defendant alleging
	the defendant committed an offense under Section 25.093, Education
	Code, if the parent completes the terms of an agreement entered into
	by the parent and the school district at which the parent's child
	attends under Section 25.094, Education Code, within the period
	required by Subsection (b) of that section. If agreed to by the
	school district that is a party to the agreement, the court may
	extend the period under Section 25.094(b), Education Code, during
	which a parent may fulfill the terms of the agreement.
	SECTION 2.  Subchapter C, Chapter 25, Education Code, is
	amended by adding Section 25.094 to read as follows:
	Sec. 25.094.  AGREEMENT FOR DISMISSAL OF PARENT CONTRIBUTING
	TO NONATTENDANCE CHARGE. (a) A parent against whom a complaint
	under Section 25.093 has been filed and the school district at which
	the parent's child is enrolled may enter into a written agreement
	requiring the parent to complete counseling, training, or another
	program as designated by the school district.
	(b)  A parent who fulfills the terms of an agreement
	described by Subsection (a) not later than the 30th day after the
	date on which the complaint was filed or within the period provided
	by the agreement is entitled to dismissal of the complaint in
	accordance with Article 45.0531(b), Code of Criminal Procedure.
	(c)  The agency may adopt rules and materials necessary to
	implement this section, including by:
	(1)  making standardized agreement forms available to
	school districts;
	(2)  recommending state and local counseling,
	training, or other program options that a school district may
	require in an agreement under this section, which may include:
	(A)  faith-based counseling or training programs;
	or
	(B)  other programs that provide instruction
	designed to assist a parent in identifying problems that contribute
	to unexcused absences by the parent's child and in developing
	strategies for resolving those problems; and
	(3)  requiring relevant programs, resources, and
	materials to be made available through regional educational service
	centers.
	SECTION 3.  The change in law made by this Act applies only
	to an offense committed on or after the effective date of this Act.
	An offense committed before the effective date of this Act is
	governed by the law in effect on the date the offense was committed,
	and the former law is continued in effect for that purpose. For
	purposes of this section, an offense was committed before the
	effective date of this Act if any element of the offense occurred
	before that date.
	SECTION 4.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3917 was passed by the House on May 6,
	2023, by the following vote:  Yeas 131, Nays 3, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House