QiXfice of tfie Bttornep @eneral
Mite of fLexaS
DAN MORALES September
28,1994
Al-rORNEY
GENERAL
Honorable John Vance Opinion No. DM-304
Dallas County District Attorney
Frank Crowley Courts Building Be: Effa of amendments to Education
Dallas, Texas 75207-43 13 Code section 4.25(a), (b) by the Seventy-
third 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
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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 SSOfor 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 ChassC 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 absencesfor the
amountof timeqnxified 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
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unexcuxd voluntary absencesfor the amount of time qoec@edunder 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 generalfind 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
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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 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 SSOnor 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
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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 defendantto 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 creditof
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 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 SSOnor
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
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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
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