| 1 | | - | H.B. No. 3165 |
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| 1 | + | By: Meyer (Senate Sponsor - Whitmire) H.B. No. 3165 |
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| 2 | + | (In the Senate - Received from the House April 19, 2021; |
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| 3 | + | May 4, 2021, read first time and referred to Committee on Criminal |
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| 4 | + | Justice; May 13, 2021, reported favorably by the following vote: |
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| 5 | + | Yeas 7, Nays 0; May 13, 2021, sent to printer.) |
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| 6 | + | Click here to see the committee vote |
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| 4 | 10 | | AN ACT |
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| 5 | 11 | | relating to an affirmative defense to an allegation of truant |
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| 6 | 12 | | conduct. |
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| 7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 14 | | SECTION 1. Section 65.003, Family Code, is amended by |
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| 9 | 15 | | amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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| 10 | 16 | | read as follows: |
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| 11 | 17 | | (c) It is an affirmative defense to an allegation of truant |
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| 12 | 18 | | conduct that one or more of the absences required to be proven: |
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| 13 | 19 | | (1) have been excused by a school official or by the |
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| 14 | 20 | | court; |
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| 15 | 21 | | (2) [or that one or more of the absences] were |
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| 16 | 22 | | involuntary; or |
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| 17 | 23 | | (3) were due to the child's voluntary absence from the |
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| 18 | 24 | | child's home because of abuse, as defined by Section 261.001. |
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| 19 | 25 | | (d) The affirmative defense provided by Subsection (c) is |
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| 20 | 26 | | not available if, after deducting the absences described by that |
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| 21 | 27 | | subsection, [but only if] there remains a sufficient [is an |
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| 22 | 28 | | insufficient] number of [unexcused or voluntary] absences |
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| 23 | 29 | | [remaining] to constitute truant conduct. |
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| 24 | 30 | | (e) In asserting an affirmative defense described by |
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| 25 | 31 | | Subsection (c), the [The] burden is on the child to show by a |
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| 26 | 32 | | preponderance of the evidence that the absence: |
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| 27 | 33 | | (1) has been or should be excused; |
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| 28 | 34 | | (2) [or that the absence] was involuntary; or |
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| 29 | 35 | | (3) was due to the child's voluntary absence from the |
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| 30 | 36 | | child's home because of abuse, as defined by Section 261.001. |
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| 31 | 37 | | (f) A decision by the court to excuse an absence for |
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| 32 | 38 | | purposes of an affirmative defense under Subsection (c) [this |
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| 33 | 39 | | subsection] does not affect the ability of the school district to |
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| 34 | 40 | | determine whether to excuse the absence for another purpose. |
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| 35 | 41 | | SECTION 2. This Act applies beginning with the 2021-2022 |
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| 36 | 42 | | school year. |
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| 37 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 38 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 47 | | Act takes effect September 1, 2021. |
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| 42 | | - | ______________________________ ______________________________ |
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| 43 | | - | President of the Senate Speaker of the House |
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| 44 | | - | I certify that H.B. No. 3165 was passed by the House on April |
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| 45 | | - | 16, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not |
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| 46 | | - | voting. |
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| 47 | | - | ______________________________ |
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| 48 | | - | Chief Clerk of the House |
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| 49 | | - | I certify that H.B. No. 3165 was passed by the Senate on May |
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| 50 | | - | 19, 2021, by the following vote: Yeas 31, Nays 0. |
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| 51 | | - | ______________________________ |
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| 52 | | - | Secretary of the Senate |
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| 53 | | - | APPROVED: _____________________ |
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| 54 | | - | Date |
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| 55 | | - | _____________________ |
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| 56 | | - | Governor |
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| 48 | + | * * * * * |
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