89R10986 MCF-D
By: Louderback H.B. No. 3613
A BILL TO BE ENTITLED
AN ACT
relating to the number of unexcused absences from school that
constitute truant conduct or parental contribution to
nonattendance of school and a school district's discretion to refer
a student to truancy court.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 25.095(b), Education Code, is amended to
read as follows:
(b) A school district shall notify a student's parent if the
student has been absent from school, without excuse under Section
25.087, on three days or parts of days within a four-week period in
the same school year. The notice must:
(1) inform the parent that:
(A) it is the parent's duty to monitor the
student's school attendance and require the student to attend
school; [and]
(B) the student is subject to truancy prevention
measures under Section 25.0915; and
(C) the student may be referred to a truancy
court for truant conduct under Section 65.003(a), Family Code; and
(2) request a conference between school officials and
the parent to discuss the absences.
SECTION 2. Section 25.0951, Education Code, is amended by
adding Subsection (a-1) and amending Subsections (b) and (d) to
read as follows:
(a-1) If a student fails to attend school without excuse on
three or more days or parts of days within a four-week period in the
same school year but does not fail to attend school for the time
described by Subsection (a), the school district may, before the
10th school day after the student's third absence, refer the
student to a truancy court for truant conduct under Section
65.003(a), Family Code.
(b) If a student fails to attend school without excuse as
specified by Subsection (a) or (a-1), a school district may file a
complaint against the student's parent in a county, justice, or
municipal court for an offense under Section 25.093 if the school
district provides evidence of the parent's criminal negligence. In
this subsection, "parent" includes a person standing in parental
relation.
(d) Notwithstanding Subsection (a) or (a-1), a school
district may delay a referral of a student for truant conduct, or
may choose to not refer a student for truant conduct, if the school
district:
(1) is applying truancy prevention measures to the
student under Section 25.0915; and
(2) determines that the truancy prevention measures
are succeeding and it is in the best interest of the student that a
referral be delayed or not be made.
SECTION 3. Section 65.003(a), Family Code, is amended to
read as follows:
(a) A child engages in truant conduct if the child is
required to attend school under Section 25.085, Education Code, and
fails to attend school on:
(1) 10 or more days or parts of days within a six-month
period in the same school year; or
(2) three or more days or parts of days within a
four-week period in the same school year.
SECTION 4. The changes in law made by this Act apply
beginning with the 2025-2026 school year.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.