DAN MORALES 

Al-rORNEY GENERAL 

QiXfice of tfie Bttornep @eneral 

Mite of fLexaS 

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 

1372 and 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 If any parent or person standmg in parental 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 

shall be the duty of the 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 or justice of 

the peace precinct in which the school is located. [4.] In addition, if 

the child has been voluntarily absent gem school for 10 or 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 

D. 1628 
Honorable John Vance - Page 2 (DM-304) 

court. [6.] An offense under this section is punishable by a tine of 

not less than SS nor more than S25 for the tirst offense, not less thsn 

SlO nor more than SSO for the second offense, and not less than S25 

nor more than SlOO for 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 a condition of probation. 

(b) It is a defense to proseartion under Subsection (a) of this 

sectionthattheparentorpersonstandinginparentalrelationtothe 

child is unable to wmpel the child to attend school. 

F&c. Code $4.25(a), (b) (1991) (bracketed sentence numbers have been added to 

subsection (a) and will be used in discussion below). 

House Bii 1372 m-enacted the 111 text 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 of the peace precinct in which the school &str& is located.” Acts 1993,73d Leg., 

ch. 930, 5 1. (Its& type indicates insertion; bracketed overstrike indicates deletion.) 

House Bii 1372 did not otherwise change subsection (a), nor did it change subsection (b). 

House Bii 681 also m-enacted the 111 text of subsection (a) but made a few 

changes to the subsection. Pi, the statute added a new 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, if a refbrrai has been made for the child.” Id. ch. 358, 

§ 2. This statute also changed the sixth sentence of subsection (a) as follows: “An offense 

under this section is a Chass C misdemeanor [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 did not change subsection (b). 

Senate Bill 7 also 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 criminal negligence fails to require the child to 

attend school as required by law and the child has unexcused voluntary absences for the 

amount of time qnxified under Section 51.03(b)(2), Family Cook, the parent or person 

standing in parental relation wmmits an offense.” Id. ch. 347, 5 6.01. This statute also 

changed the fourth sentence of subsection (a) as follows: “In addition, if the child has 

p. 1629 
HonorableJohnVance - Page 3 (DM-304) 

unexcuxd voluntary absencesfor the amount of time qoec@ed under Section 51.03(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 all the monetary amounts in the s&h seknce of subsection (a). Id. 

Senate Bii 7 +so chsnged all of subsection @) as follows: 

(b) A fine collected unakr this section shall be akptxited as 

follows: 

(1) one-half shsll be deposited to the credit of the opemting 

timd of the school district in which the child attends school; 

and 

(2) one-ha~shall be deposited to the credit 08 

(A) lhe general find of the coun& if the comphint is 

filed in the coun(v court orjustice court; or 

@) the getwml find of lhe municipality, v the 

complaint is filed in municipal court 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 3 11.025 of the 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-ffect may be given to each. If the amendments are irreconcilable, 

the latest in date of enactment 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 

D. 1630 
Honorable John Vance - Page 4 (DM-304) 

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 of enactment. 

Gov’t Code 8 311.025(b), (c). The wnstitutionrd provision ref’ed to above in 

subsection (c) provides: 

No law shall be revived or amended by referenw to its title; but 

in such case the act revived, or the section or sections amended shag 

be reenacted and published at length. 

Te-x. Const. art. KU, 4 36. 

Applying the foregoing rules of construction 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 of the changes to the provisions of that 

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 in language in another 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 3 311.025(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, 

73d Leg., ch. 358.8 2. A class C misdemeanor is punishable by a fine 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 SSO for the first offense, not less than S20 nor more than SlOO for the sewnd 

offense, and not less than SSO nor more than S200 for 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 8 311.025(b). House Bill 681 was enacted on May 10, 1993; 

and Senate Bill 7 was enacted on May 28.1993. Because Senate Bii 7 was 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) has been amended to provide as follows: 

(a) If any parent or person standing in parental 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 

P. 1631 
Honorable John Vance - Page 5 (DM-304) 

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 vdrmuqy abswlces 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 the prent’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 Section 51.03(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 less than 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 the juvenile wurt 

may wnstitute a separate offense. Zii or more ofihses under 

this section may be comoii&ted and pnxecuted in a tip&e 

uckm. Jfthe court probates the sentence, the court may require 

the defendant to render personal services to a charitable or 

educationsl institution as a wndition of probation. 

@I) A fine collected under this section shall be akpositedas 

follows: 

(I) one-ha~shall be dqmited to the credit of 

the qh7atingjmd of the school disbikt in which the chiki 

attemhsdwol: and 

p. 1632 
Honorable John Vance - Page 6 (DM-304) 

(2) cwhayshalf be &posiIcd IO the credit 08 

(A) lhegeneraljmdof the cow@, ifthe conyhint is 

$&?dimIhe coun~wurIm~~oaat;a 

(B) the gemral fid qf the municijrali~, g the 

camphint is j%d in municiptJ unul v 

Educ. Code 8 4.25(a), (b). amen&d iy Ads 1593, 73d kg., ch. 347, 8 6.01, ch. 358, 

5 2. 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 SSO for the ht oBenae, not leus than S20 

nor more than SlOO for the second offarse, 8nd not less than SSO nor 

more than S200 for a subsequent offense.” Educ. Code 8 4.25(a), 

(b), amen&d by Acts 1993,73d Leg., ch. 347.8 6.01. 

DAN MORALES 

Attomey Oeneral of Texas 

p. 1633 
Honorable John Vance - Page 7 (DM-304) 

JORGE VEGA 

Fii Ass&ant Attorney General 

DREWDURHAM 

Deputy Attorney General for Criminal Justice 

JAVJER AGUILAR 

Specisl Assistant Attorney Gcneml 

RmEAHIcKs 

State Solicitor 

SARAH J. SHIRLEY 

Chair, Opinion Committee 

PrepamdbyJamesB.Pinson 

Assistant Anomey Gelled 

p. 1634