Texas 2025 - 89th Regular

Texas House Bill HB3613 Compare Versions

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11 89R10986 MCF-D
22 By: Louderback H.B. No. 3613
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the number of unexcused absences from school that
1010 constitute truant conduct or parental contribution to
1111 nonattendance of school and a school district's discretion to refer
1212 a student to truancy court.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Section 25.095(b), Education Code, is amended to
1515 read as follows:
1616 (b) A school district shall notify a student's parent if the
1717 student has been absent from school, without excuse under Section
1818 25.087, on three days or parts of days within a four-week period in
1919 the same school year. The notice must:
2020 (1) inform the parent that:
2121 (A) it is the parent's duty to monitor the
2222 student's school attendance and require the student to attend
2323 school; [and]
2424 (B) the student is subject to truancy prevention
2525 measures under Section 25.0915; and
2626 (C) the student may be referred to a truancy
2727 court for truant conduct under Section 65.003(a), Family Code; and
2828 (2) request a conference between school officials and
2929 the parent to discuss the absences.
3030 SECTION 2. Section 25.0951, Education Code, is amended by
3131 adding Subsection (a-1) and amending Subsections (b) and (d) to
3232 read as follows:
3333 (a-1) If a student fails to attend school without excuse on
3434 three or more days or parts of days within a four-week period in the
3535 same school year but does not fail to attend school for the time
3636 described by Subsection (a), the school district may, before the
3737 10th school day after the student's third absence, refer the
3838 student to a truancy court for truant conduct under Section
3939 65.003(a), Family Code.
4040 (b) If a student fails to attend school without excuse as
4141 specified by Subsection (a) or (a-1), a school district may file a
4242 complaint against the student's parent in a county, justice, or
4343 municipal court for an offense under Section 25.093 if the school
4444 district provides evidence of the parent's criminal negligence. In
4545 this subsection, "parent" includes a person standing in parental
4646 relation.
4747 (d) Notwithstanding Subsection (a) or (a-1), a school
4848 district may delay a referral of a student for truant conduct, or
4949 may choose to not refer a student for truant conduct, if the school
5050 district:
5151 (1) is applying truancy prevention measures to the
5252 student under Section 25.0915; and
5353 (2) determines that the truancy prevention measures
5454 are succeeding and it is in the best interest of the student that a
5555 referral be delayed or not be made.
5656 SECTION 3. Section 65.003(a), Family Code, is amended to
5757 read as follows:
5858 (a) A child engages in truant conduct if the child is
5959 required to attend school under Section 25.085, Education Code, and
6060 fails to attend school on:
6161 (1) 10 or more days or parts of days within a six-month
6262 period in the same school year; or
6363 (2) three or more days or parts of days within a
6464 four-week period in the same school year.
6565 SECTION 4. The changes in law made by this Act apply
6666 beginning with the 2025-2026 school year.
6767 SECTION 5. This Act takes effect immediately if it receives
6868 a vote of two-thirds of all the members elected to each house, as
6969 provided by Section 39, Article III, Texas Constitution. If this
7070 Act does not receive the vote necessary for immediate effect, this
7171 Act takes effect September 1, 2025.