skipping school becomes a Class C misdemeanor

The text as introduced · 1,191 words

89R5283 MCF-D

By: Louderback
H.B. No. 5507

A BILL TO BE ENTITLED

AN ACT

relating to truancy and the offense of a parent contributing to

nonattendance; creating a criminal offense; increasing a criminal

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Article 102.014(d), Code of Criminal Procedure,

is amended to read as follows:

(d) A person convicted of an offense under Section 25.093,

Education Code, or Section 65.003, Family Code, shall pay a fine of

$20.

SECTION 2. Section 25.093(c), Education Code, is amended to

read as follows:

(c) An offense under Subsection (a) is a Class C

misdemeanor[ , punishable by fine only, in an amount not to exceed:

[ (1) $100 for a first offense;

[ (2) $200 for a second offense;

[ (3) $300 for a third offense;

[ (4) $400 for a fourth offense; or

[ (5) $500 for a fifth or subsequent offense ].

SECTION 3. Section 25.095(a), Education Code, is amended to

read as follows:

(a) A school district or open-enrollment charter school

shall notify a student's parent in writing at the beginning of the

school year that if the student is absent from school on 10 or more

days or parts of days within a six-month period in the same school

year:

(1) the student's parent is subject to prosecution

under Section 25.093; and

(2) the student is subject to referral to a truancy

court for prosecution for truant conduct under Section 65.003(a),

Family Code.

SECTION 4. Section 65.001(b), Family Code, is amended to

read as follows:

(b) The purpose of this chapter is to encourage school

attendance by creating simple [ civil judicial ] procedures through

which children are held accountable for excessive school absences.

SECTION 5. The heading to Section 65.003, Family Code, is

amended to read as follows:

Sec. 65.003. TRUANT CONDUCT ; OFFENSE .

SECTION 6. Section 65.003, Family Code, is amended by

amending Subsections (a), (b), (c), and (d) and adding Subsection

(g) to read as follows:

(a) Notwithstanding any other law, a [ A ] child commits an

offense [ engages in truant conduct ] if the child is required to

attend school under Section 25.085, Education Code, and fails to

attend school on 10 or more days or parts of days within a six-month

period in the same school year.

(b) An offense under this section is a Class C misdemeanor

[ Truant conduct may be prosecuted only as a civil case in a truancy

court ].

(c) It is an affirmative defense to prosecution under this

section [ an allegation of truant conduct ] that one or more of the

absences required to be proven:

(1) have been excused by a school official or by the

court;

(2) were involuntary; or

(3) were due to the child's voluntary absence from the

child's home because of abuse, as defined by Section 261.001.

(d) The affirmative defense provided by Subsection (c) is

not available if, after deducting the absences described by that

subsection, there remains a sufficient number of absences to

constitute an offense under this section [ truant conduct ].

(g) A reference in law to truant conduct means an offense

committed under this section.

SECTION 7. Section 65.101(a), Family Code, is amended to

read as follows:

(a) A child may be found to have committed an offense under

Section 65.003 [ engaged in truant conduct ] only after an

adjudication hearing conducted in accordance with the provisions of

this chapter.

SECTION 8. Section 65.103, Family Code, is amended to read

as follows:

Sec. 65.103. REMEDIAL ORDER. (a) A truancy court may enter

a remedial order requiring a child who has committed an offense

under Section 65.003 [ been found to have engaged in truant conduct ]

to:

(1) attend school without unexcused absences;

(2) attend a preparatory class for the high school

equivalency examination administered under Section 7.111,

Education Code, if the court determines that the individual is

unlikely to do well in a formal classroom environment due to the

individual's age;

(3) if the child is at least 16 years of age, take the

high school equivalency examination administered under Section

7.111, Education Code, if that is in the best interest of the child;

(4) attend a nonprofit, community-based special

program that the court determines to be in the best interest of the

child, including:

(A) an alcohol and drug abuse program;

(B) a rehabilitation program;

(C) a counseling program, including a

self-improvement program;

(D) a program that provides training in

self-esteem and leadership;

(E) a work and job skills training program;

(F) a program that provides training in

parenting, including parental responsibility;

(G) a program that provides training in manners;

(H) a program that provides training in violence

avoidance;

(I) a program that provides sensitivity

training; and

(J) a program that provides training in advocacy

and mentoring;

(5) complete not more than 50 hours of community

service on a project acceptable to the court; and

(6) participate for a specified number of hours in a

tutorial program covering the academic subjects in which the child

is enrolled that are provided by the school the child attends.

(b) A truancy court may not order a child who has committed

an offense under Section 65.003 [ been found to have engaged in

truant conduct ] to[ :

[ (1) ] attend a juvenile justice alternative education

program, a boot camp, or a for-profit truancy class[ ; or

[ (2) perform more than 16 hours of community service

per week under this section ].

(c) In addition to any other order authorized by this

section, a truancy court may order the Department of Public Safety

to suspend the driver's license or permit of a child who has

committed an offense under Section 65.003 [ been found to have

engaged in truant conduct ]. If the child does not have a driver's

license or permit, the court may order the Department of Public

Safety to deny the issuance of a license or permit to the child. The

period of the license or permit suspension or the order that the

issuance of a license or permit be denied may not extend beyond the

maximum time period that a remedial order is effective as provided

by Section 65.104.

SECTION 9. The following provisions are repealed:

(1) Article 45A.464, Code of Criminal Procedure;

(2) Sections 65.101(d) and 65.151(b) and (c), Family

Code; and

(3) Sections 65.009, 65.010, 65.012, 65.109, and

65.152, Family Code.

SECTION 10. The changes in law made by this Act apply only

to an offense committed or conduct that occurs on or after the

effective date of this Act. An offense committed or conduct that

occurs before the effective date of this Act is governed by the law

in effect on the date the offense was committed or the conduct

occurred, and the former law is continued in effect for that

purpose. For purposes of this section, an offense is committed or

conduct occurs before the effective date of this Act if any element

of the offense or conduct occurs before that date.

SECTION 11. This Act takes effect September 1, 2025.