DAN MORALES

Al-rORNEY GENERAL 

### QiXfice of tfie Bttornep @eneral



## Mite offLexaS September

28,1994

Honorable John Vance Dallas County District Attorney Frank Crowley Courts Building Dallas, Texas 75207-43 13 Opinion No. DM-304
Be: Effa of amendments to Education Code section 4.25(a), (b) by the Seventythird Legislature’s House Bii 681 and 1372and Senate Bii 7 (RQ-646)
Dear Mr. Vance:
You ask for our opinion on how section 4.25(a), (b) of the Education Code was a&ted by three statutes from the Seventy-third Legislature, House Bii 681, Acts 1993, 73d Leg., ch. 358; House Bii 1372, id. ch. 930; and Senate Bill 7, id ch. 347. Before these statutes became eiktive, subsections (a) and (b) of section 4.25 provided as follows: (a) [1.1 Ifany parent orperson standmg inparental relation to a

child, within the compulsory school attendance ages and not IawtUly exempt or properly excused f?om school attendance, fails to require such child to attend school for such periods as required by law, it shallbe the duty ofthe proper attendance officer to warn, in writing, the parent or person standii in parental relation that attendance must be immediately requhed. [2.] If atter this warning the parent or person standing in parental relation intentionally, knowingly, recklessly, or with ckninal negligence fails to require the child to attend school as required by law, the parent or person standing in parental relation commits sn offense. [3.] The attendance officer shall file a complaint against him in the county court. in the justice court of his resident precinct, or in the municipal cotut of the municipality in which he resides or in the municipality orjustice of the peace precinct inwhich the school is located. [4.] In addition, if the child hasbeen voluntarily absent gem school for 10or more days
or parts of days within a six-month period or three or more days or parts of &ys within a four-week period without the consent of his parents, the attendance officer shall refer the child to the county juvenile probation department for action as conduct indicating a need for supervision under Section 51.03@), Family Code. [S.] A court in which a complaint is filed under this subsection shall give preference to a hearing on the compknt over other cases before the

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### court. [6.] An offense under this section is punishable by a tine of not lessthan SSnor more than S25for the tirst offense, not less thsn SlOnor more than SSO

for the second offense, and not less than S25
nor more than SlOOfor a subsequent offense. [7.] Each day the child remains out of school after the warning has been given or the child ordered to school by the.juvenile coutt may constitute a separate offense. [S.] If the court probates the sentence, the court may require the defendsnt to render personal services to a charitable
or educational institution as acondition ofprobation. (b) It is a defense to proseartion under Subsection (a) of this sectionthattheparentorpersonstandinginparentalrelationtothe child isunableto wmpel the childto attend school. F&c. Code $4.25(a), (b) (1991) (bracketed sentence numbers have been added to subsection (a) andwillbeused indiscussion below).

House Bii 1372 m-enacted the 111text of subsection (a) but changed the third sentence of subsection (a) as follows: “The attendance officer shall !Ile a complaint against him in the county court, in the justice wurt of his resident precinct, or in the municipal wmt of the municipality in which he resides or in rmy [the] municipslity or justice ofthe peace precinct in which the school &str& islocated.” Acts 1993,73d Leg., ch. 930, 5 1. (Its& type indicates insertion; bracketed overstrike indicates deletion.) House Bii 1372did not otherwise change subsection (a), nor did it change subsection (b).
House Bii 681 also m-enacted the 111text of subsection (a) but made a few changes to the subsection. Pi, the statute added anew sentence after the third sentence of subsection (a): “The attendance officer shall file a wmplaint under this section in the wurt to which the parent’s child has been referred for engaging in wnduct described in seaion 51.03(b)(2). Family Code, ifa refbrrai has been made for the child.” 

### Id. ch.358, §2. This statute also changed the sixth sentence of subsection (a) asfollows: “Anoffense under 

### this section is

### a ChassCmisdemeanor[p
-1.” Id. Fiiy, this stauue added a new sentence afler the seventh sentence of subsection (a): “Two or more offenses under this section may be consolidated and prosecuted in a single action.” 

### Id. House Bill 681 didnot change subsection (b).
Senate Bill 7also re-enacted the fill text of subsection (a) but made a few changes to the subsection. First, the statute changed the sewnd sentence of subsection (a) as follows: “If after this warning the parent or person standing in parental relation intentionally, knowingly, recklessly, or with criminalnegligence failsto require the child to attend school as required by law and the 

### childhasunexcusedvoluntaryabsences for the amount of time

### qnxified underSection51.03(b)(2),Family Cook,the parent or person standing in parental relation wmmits an offense.” 

### Id. ch. 347, 56.01. This statute also changed the fourth sentence of subsection (a) as follows: “In addition, if the child has

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### unexcuxd voluntaryabsencesfor theamountoftimeqoec@ed underSection51.03(b)(T). Fami& Code e

. . -1, the attendance 05cer shall refer the child to the county juvenile probation department for action as conduct indicating a need for supervision under fhut 

### section[VI.” Id. Fiy, this staMe doubled allthe monetary amounts inthe s&h seknce of subsection (a). 

### Id.
Senate Bii 7 +so chsnged all of subsection @)asfollows: 

### (b) Afine collectedunakr this section shall be akptxited as follows: (1) one-half shsllbe deposited to the credit ofthe opemting timd ofthe school district inwhich the child attends school; and (2) 

### one-ha~shall bedepositedtothecredit08 (A) lhe

### general

find ofthecoun& ifthecomphint is filed inthecoun(vcourtorjustice court;or @) the getwml find of lhe municipality, v the complaintisfiled in municipalcourt 7



### Id

You ask specitically whether the legislature intended to double the Snes in the sixth sentence of subsection (a) and to divide the proceeds between the school and other local entities in subsection (b). For the following reasons we believe the legkktum did so intend.
To find the answer to your question, we apply the following nrles of wnstruction found in section 311.025 ofthe Government Code:

(b)

. . [I]f amendments to the same statute are enacted at the
same session of the legislature, one amendment without reference to another, the amendments shall be harmonized. if possible, so that e-ffectmay be given to each. If the amendments are irreconcilable, the latest indate ofenactment prevails. (c) In da ermining whether amendments are irreconcilable, text that is reenacted because of the requirement of Article III, Section 36, of the Texss Constitution is not considered to be irreconcikb~e with additions or omissions in the same text made by another

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amendment. Unless clearly indicated to the contrary, an amendment that reenacts text in compliance with that wnstitutional requkement does not indicate legislative intent that the reenacted text prevail over changes in the same text made by another amendment, regardless of the relative dates ofenactment. Gov’t Code 8311.025(b), (c). The wnstitutionrd provision ref’ed to above in subsection (c)provides:

No law shallbe revived or amended by referenw to its title; but in such casethe act revived, or the section or sections amended shag bereenacted andpublished at length. Te-x.Const. art. KU,

436. Applying the foregoing rules ofconstruction to the three amendatory acts, we find no indication that the legislature intended in any of the three acts that the m-enacted language of subsection (a) should prevail over any ofthe changes to the provisions ofthat subsection in either of the other two acts. We therefore will disregard a reumctment of language in one act pursuant to wnstitution article JJJ,section 36. where the rewactment wntlicts with a change inlanguage inanother act.
Because the amendments to subsection (a) were enacted without reference to each other in the same legislative session, the amendments must be hsrmonized as much as possible. Gov’t Code 3311.025(b). We find that all the amendments may be hsmmked except for the changes to the sixth sentence. House Bill 681 changes the sixth sentence to read as follows: “An offense under this section is a Class C misdemeanor.” Acts 1993, 73dLeg., ch. 358.8 2. Aclass Cmisdemeanor ispunishable by afine not to exceed SSOO. Penal Code 5 12.23. Senate Bii 7, however, changes the sixth sentence to read as follows: “An offense under this section is punishable by a fine of not less than SlO nor more than SSOfor the first offense, not less than S20nor more than SlOOfor the sewnd offense, and not lessthan SSOnor more than S200for a subsequent offense.” Acts 1993. 73d Leg., ch. 347.5 6.01. These two amendments are irrewncilable, so the later enacted bill prevails. Gov’t Code 8311.025(b). House Bill 681 was enacted on May 10, 1993; and Senate Bill 7was enacted on May 28.1993. Because Senate Bii 7was enacted last, its amendment to the sixth sentence prevails over the amendment to the sixth sentence in HouseBill 681.
We conclude that section 4.25(a), (b)hasbeen amended to provide asfollows:

(a) If anyparent or person standing inparental relation to a wild, within the wmpulsory schwl attendance ages snd not lawfully exempt or properly excused from school attendance, fails to require such child to attend school for such periods as rewired by law, it shall be the duty of the proper attendance officer to warn in writing the parent or person standing in

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parmtal relation that attendance must be immediately required. JfaBexthiswamingthepare-ntorpersonstandiqinpsrental relation intentionslly, knowingly, recklessly, or with crimkl negligence fails to require the child to attend school as required bylawandthechikihasunexxwd vdrmuqyabswlces fw 

### the amount of time specified m&r Section Sl.O3(bl(2), 

### Fami& Code,theparentorpersonstand@inparentalrelationwmmits anoffense. Theattemha 05ceshaUfileawmplaintagainst himinthewtmtywmt,inthejusticewurtofhisresident precin&orinthennmicipalwmtofthemunicipalityinwhich beresidesorinmty[~]municiprlityor~~ofthepeace precindinwhi&the~1dislrc1klocated. lk?anen&n# o$kxr shall fire a compkxint m&r this sectiun in tk wurt to 

### which theprent’s child has been rejkd fa engagiw in conduct

### &scribed in secrion 5~.03($)(2), 

### Famib Co&, if a nfermIhrrrbeennrodrfbrtkchi~. Jnaddition,ifthechild 

### hasme.rc~dvohuruqyabsencesforthe amount of time gec@kd am&r Section51.03(b)(2), 

### Fami& Co& m

~thcattuldancco5cefshaUrefirthcchildtothccounty juvenile probation department for action as wnduct indicating a need for supervision under Ihal sectiar [&&eG4+& Femd+del. Awurtinwhichawmplaintis%dundktl& subsectionshallgiveprefkrencetoahearingonthewmplaint
over other cams before the cart. An offense under this section ispunishablebyafincofnotleapthsnSIO[E5]~rmorethan SSO[Sas] for the first offense, not lessthan 620 [W] nor more thsn SIOO[&%I for the sewnd offenst, and not less thsn $50 [Szs] nor more than $200 [W] for a subsequent offense. Eachdaythechildremsins outofschoolafterthewaminghas been given or the child ordered to school by thejuvenile wurt may wnstitute a separate offense. Zii or more ofihses under 

### this section may be comoii&ted andpnxecuted in a tip&e uckm. Jfthe court probates the sentence, the court may require thedefendant

to render personal services to a charitable or educationsl institution as awndition ofprobation. 

### @I) A fine collectedunderthissectionshallbeakpositedas follows: (I) one-ha~shall be dqmited to the credit 

### of the qh7atingjmd of the school disbikt in which the chiki attemhsdwol: and

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(2) cwhayshalf be &posiIcd IO the credit 08 (A) lhegeneraljmdof thecow@, ifthe conyhint is $&?dimIhe coun~wurIm~~oaat;a 

### (B) the gemral fid qf the municijrali~, g the camphint isj%d in municiptJ unul v

Educ. Code 84.25(a), (b). amen&d iy Ads 1593, 

### 73dkg., ch. 347, 86.01, ch. 358, 52. ch. 930.8 1.

SUMMARY

!knateBii7oftheSeventy-thirdLcgislaturewasenacted&ef HouseBi681ofthesameaession,soitsamendmenttothe punishma provision of Education Code section 4.25 prwails over

‘the wnflicting amendment in House Bii 681. The&ore, “[a]n offense under

. . . section [4.25] is pwishable by a 6ne of not less than SlO nor more than SSOfor the ht oBenae, not leus than S20 nor more than SlOOfor the second offarse, 8ndnot less than SSOnor more than S200 for a subsequent offense.” Educ. Code 84.25(a), 

### (b),amen&d byActs 1993,73d Leg., ch. 347.8 6.01.

DAN MORALES Attomey Oeneral of Texas

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JORGE VEGA Fii Ass&ant Attorney General
DREWDURHAM Deputy Attorney General for CriminalJustice
JAVJER AGUILAR Specisl Assistant Attorney Gcneml
RmEAHIcKs State Solicitor
SARAH J. SHIRLEY Chair, Opinion Committee PrepamdbyJamesB.Pinson Assistant Anomey Gelled

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