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Texas Statutes (Last Updated: January 4, 2014) |
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EDUCATION CODE |
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Title 2. PUBLIC EDUCATION |
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Subtitle E. STUDENTS AND PARENTS |
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Chapter 25. ADMISSION, TRANSFER, AND ATTENDANCE |
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Subchapter C. OPERATION OF SCHOOLS AND SCHOOL ATTENDANCE |
Sec. 25.094. FAILURE TO ATTEND SCHOOL
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(a) An individual commits an offense if the individual:
(1) is 12 years of age or older and younger than 18 years of age;
(2) is required to attend school under Section 25.085; and
(3) 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:
(1) the constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of 1.75 million or more;
(2) a justice court of any precinct in the county in which the individual resides or in which the school is located; or
(3) a municipal court in the municipality in which the individual resides or in which the school is located.
(c) On a finding by the county, 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, as added by Chapter 1514, Acts of the 77th Legislature, Regular Session, 2001.
(d) If the county, justice, or municipal court believes that a child has violated an order issued under Subsection (c), the court may proceed as authorized by Article 45.050, Code of Criminal Procedure.
(d-1) Pursuant to an order of the county, 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 county, justice, or municipal court as requested by the court; or
(B) bring the individual to a county, 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) were excused by a school official or by the court or that one or more of the absences were involuntary, but only if there is an insufficient number of unexcused or voluntary absences remaining to constitute an offense under this section. The burden is on the defendant to show by a preponderance of the evidence that the absence has been excused or that the absence was involuntary. 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, Sec. 4.
(i) Deleted by Acts 2001, 77th Leg., ch. 1514, Sec. 4.