Texas Education Code § 25.094. Failure to Attend School

(a) An individual commits an offense if the individual:

(1) is required to attend school under Section 25.085; and

(2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.

(b) An offense under this section may be prosecuted in a justice court of any precinct in the county in which the individual resides or in which the school is located or in a municipal court in the municipality in which the individual resides or in which the school is located.

(c) On a finding by the justice or municipal court that the individual has committed an offense under Subsection (a) or on a finding by a juvenile court in a county with a population of less than 100,000 that the individual has engaged in conduct that violates Subsection (a), the court may enter an order that includes one or more of the requirements listed in Article 45.054, Code of Criminal Procedure.

Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 1297, § 55

(d) If the justice or municipal court believes that a child has violated an order issued under Subsection (c), the court may proceed as authorized by Section 54.023, Family Code, by holding the child in contempt and imposing a fine not to exceed $500 or by referring the child to juvenile court for delinquent conduct.

Text of subsec. (d) as amended by Acts 2001, 77th Leg., ch. 1514, § 4

(d) Pursuant to an order of the justice or municipal court based on an affidavit showing probable cause to believe that an individual has committed an offense under this section, a peace officer may take the individual into custody. A peace officer taking an individual into custody under this subsection shall:

(1) promptly notify the individual's parent, guardian, or custodian of the officer's action and the reason for that action; and

(2) without unnecessary delay:

(A) release the individual to the individual's parent, guardian, or custodian or to another responsible adult, if the person promises to bring the individual to the justice or municipal court as requested by the court; or

(B) bring the individual to a justice or municipal court with venue over the offense.

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

(f) It is an affirmative defense to prosecution under this section that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.

(g) It is an affirmative defense to prosecution under this section that one or more of the absences required to be proven under Subsection (a) was involuntary. The burden is on the defendant to show by a preponderance of the evidence that the absence was involuntary.

(h) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.

(i) Deleted by Acts 2001, 77th Leg., ch. 1514, § 4.

Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.

Amended by Acts 1997, 75th Leg., ch. 865, § 3, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, § 55, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, § 4, eff. Sept. 1, 2001.