BILL ANALYSIS Senate Research Center S.B. 1925 By: Creighton Education K-16 3/21/2025 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT There is near unanimous agreement from Texas school districtsour current truancy framework is not working in the best interests of our students. S.B. 1925 aims to require enforcement of our truancy laws, removing barriers for referrals and accelerating the process within truancy courts. As proposed, S.B. 1925 amends current law relating to truancy. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Sections 25.091(a) and (b), Education Code, as follows: (a) Provides that a peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements: (1) makes no changes to this subdivision; (2) makes a nonsubstantive change to this subdivision: (A) makes a nonsubstantive change to this paragraph; (B) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code, rather than referring the student if the truancy prevention measures fail to meaningfully address the student's conduct; or (C) redesignates existing subparagraph (ii) as paragraph (B) and makes no further changes; and (3)-(6) makes no changes to these subdivisions. (b) Makes a conforming change to this subsection. SECTION 2. Amends Sections 25.0915(a), (a-1), (a-3), (a-4), (c), (d), and (e), Education Code, as follows: (a) Authorizes, rather than requires, a school district to adopt truancy prevention measures designed to address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a) (relating to defining "truant conduct"), Family Code. Deletes existing text requiring a school district to adopt truancy prevention measures designed to minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code. (a-1) Authorizes, rather than requires, a school district, as a truancy prevention measure under Subsection (a), to take one or more of certain actions. (a-3) Deletes existing text requiring a school district to offer additional counseling to a student and prohibiting referring the student to truancy court under Section 25.0915 (Truancy Prevention Measures), Section 25.0951 (School District Complaint or Referral for Failure to Attend School), or any other provision if the school determines that the student's truancy is the result of homelessness. Makes a nonsubstantive change. (a-4) Authorizes, rather than requires the school district, if a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a) (relating to the requirement that a school district refer a student to truancy court within 10 school days of their 10th absence), to initiate truancy prevention measures under this section on the student. (c) Requires a truancy court to dismiss a petition filed by a truant conduct prosecutor under Section 65.054 (State's Petition), Family Code, if the court determines that the school district's referral does not satisfy the elements required for truant conduct, is not timely filed, or is otherwise substantively defective. Deletes existing text requiring a truancy court to dismiss a petition filed by a truant conduct prosecutor under Section 65.054 (State's Petition), Family Code, if the court determines that the school district's referral does not comply with Subsection (b) (relating to certain required criteria for referral to truancy court), is not timely filed, unless the school district delayed the referral under Section 25.0951 (d) (relating to referral delays due to certain truancy prevention measures), or is otherwise substantively defective. (d) Authorizes, rather than requires, a school district to employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures described, rather than required, by this section and any other effective truancy prevention measures as determined by the school district or campus. Authorizes the truancy prevention facilitator, rather than requiring the truancy prevention facilitator, at least annually, to meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases. Deletes existing text creating an exception under Subsection (e). (e) Makes a conforming change to this subsection. SECTION 3. Amends Section 25.095(b), Education Code, as follows: (b) Requires that the notice: (1) inform the parent that a student has been absent from school, without excuse under Section 25.087 (Excused Absences): (A) makes no change to this paragraph; and (B) the student may be, rather than is, subject to truancy prevention measures under Section 25.0915; and (2) makes no change to this subdivision. SECTION 4. Amends Section 25.0951(c), Education Code, to make a conforming change. SECTION 5. Amends the heading to Section 65.007, Family Code, to read as follows: Sec. 65.007. JURY TRIAL PROHIBITED. SECTION 6. Amends Section 65.007(a), Family Code, as follows: (a) Requires the truancy court to conduct all proceedings under Chapter 65 (Truancy Court Proceedings) without a jury. Deletes existing text providing that a child alleged to have engaged in truant conduct is entitled to a jury trial. SECTION 7. Amends Section 65.010, Family Code, as follows: Sec. 65.010. BURDEN OF PROOF. Prohibits a court, rather than a court or jury, from returning a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond a reasonable doubt. SECTION 8. Amends Section 65.053(b), Family Code, as follows: (b) Requires the prosecutor, except as provided by Subsection (c) (relating to a prohibition on filing a petition for an adjudication of a child for truant conduct unless certain criteria are met), to file a petition with the truancy court requesting an adjudication of the child for truant conduct. Deletes existing text authorizing the prosecutor, in the prosecutor's discretion, to determine whether to file a petition with the truancy court requesting an adjudication of the child for truant conduct. Deletes existing text requiring the prosecutor, if the prosecutor decides not to file a petition requesting an adjudication, to inform the truancy court and the school district of the decision. SECTION 9. Amends Section 65.055, Family Code, as follows: Sec. 65.055. LIMITATIONS PERIOD. Prohibits filing a petition after the 60th, rather than the 45th day, after the date of the last absence giving rise to the act of truant conduct. SECTION 10. Amends Sections 65.101(b), (f), (g), and (h), Family Code, as follows: (b) Deletes existing text requiring the judge of the truancy court, at the beginning of the adjudication hearing, to explain to the child and the child's parent, guardian, or guardian ad litem, the child's right to a jury trial. (f) Deletes existing text providing that in all jury cases the jury will be instructed that the burden is on the state to prove that a child has engaged in truant conduct beyond a reasonable doubt. Makes a conforming change. (g) Makes a conforming change to this subsection. (h) Deletes existing text providing that the jury is not involved in ordering remedies for a child who has been adjudicated as having engaged in truant conduct. SECTION 11. Repealers: Sections 25.0915(b) (relating to information required to be in each referral to truancy court for certain conduct) and 25.0951(d) (relating to referral delays due to certain truancy prevention measures), Education Code. Repealers: Sections 65.007(b) (relating to the number of jurors in a case involving alleged truant conduct) and (c) (relating to the lack of jury fee for a trial under Chapter 65), Family Code. Repealer: Section 65.065 (Child Alleged to Be Mentally Ill), Family Code. Repealer: Section 65.101(c) (relating to the requirement that jury verdicts under Chapter 65 be unanimous), Family Code. Repealers: Sections 65.108(b) (relating to no right to a jury court in a hearing to modify a remedy imposed by the court) and 65.259(c) (relating to the requirement that the truancy court conduct an enforcement hearing without a jury), Family Code. SECTION 12. Provides that Sections 25.091 (Powers and Duties of Peace Officers and Other Attendance Officers), 25.0915, and 25.0951, Education Code, as amended by this Act, apply beginning with the 20252026 school year. SECTION 13. Makes application of the changes in law made by this Act to Chapter 65, Family Code, prospective. SECTION 14. Effective date: September 1, 2025.
BILL ANALYSIS
Senate Research Center S.B. 1925
By: Creighton
Education K-16
3/21/2025
As Filed
Senate Research Center
S.B. 1925
By: Creighton
Education K-16
3/21/2025
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
There is near unanimous agreement from Texas school districtsour current truancy framework is not working in the best interests of our students. S.B. 1925 aims to require enforcement of our truancy laws, removing barriers for referrals and accelerating the process within truancy courts.
There is near unanimous agreement from Texas school districtsour current truancy framework is not working in the best interests of our students. S.B. 1925 aims to require enforcement of our truancy laws, removing barriers for referrals and accelerating the process within truancy courts.
As proposed, S.B. 1925 amends current law relating to truancy.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Sections 25.091(a) and (b), Education Code, as follows:
(a) Provides that a peace officer serving as an attendance officer has the following powers and duties concerning enforcement of compulsory school attendance requirements:
(1) makes no changes to this subdivision;
(2) makes a nonsubstantive change to this subdivision:
(A) makes a nonsubstantive change to this paragraph;
(B) referring the student to a truancy court if the student has unexcused absences for the amount of time specified under Section 65.003(a), Family Code, rather than referring the student if the truancy prevention measures fail to meaningfully address the student's conduct; or
(C) redesignates existing subparagraph (ii) as paragraph (B) and makes no further changes; and
(3)-(6) makes no changes to these subdivisions.
(b) Makes a conforming change to this subsection.
SECTION 2. Amends Sections 25.0915(a), (a-1), (a-3), (a-4), (c), (d), and (e), Education Code, as follows:
(a) Authorizes, rather than requires, a school district to adopt truancy prevention measures designed to address student conduct related to truancy in the school setting before the student engages in conduct described by Section 65.003(a) (relating to defining "truant conduct"), Family Code. Deletes existing text requiring a school district to adopt truancy prevention measures designed to minimize the need for referrals to truancy court for conduct described by Section 65.003(a), Family Code.
(a-1) Authorizes, rather than requires, a school district, as a truancy prevention measure under Subsection (a), to take one or more of certain actions.
(a-3) Deletes existing text requiring a school district to offer additional counseling to a student and prohibiting referring the student to truancy court under Section 25.0915 (Truancy Prevention Measures), Section 25.0951 (School District Complaint or Referral for Failure to Attend School), or any other provision if the school determines that the student's truancy is the result of homelessness. Makes a nonsubstantive change.
(a-4) Authorizes, rather than requires the school district, if a student fails to attend school without excuse on three or more days or parts of days within a four-week period but does not fail to attend school for the time described by Section 25.0951(a) (relating to the requirement that a school district refer a student to truancy court within 10 school days of their 10th absence), to initiate truancy prevention measures under this section on the student.
(c) Requires a truancy court to dismiss a petition filed by a truant conduct prosecutor under Section 65.054 (State's Petition), Family Code, if the court determines that the school district's referral does not satisfy the elements required for truant conduct, is not timely filed, or is otherwise substantively defective.
Deletes existing text requiring a truancy court to dismiss a petition filed by a truant conduct prosecutor under Section 65.054 (State's Petition), Family Code, if the court determines that the school district's referral does not comply with Subsection (b) (relating to certain required criteria for referral to truancy court), is not timely filed, unless the school district delayed the referral under Section 25.0951 (d) (relating to referral delays due to certain truancy prevention measures), or is otherwise substantively defective.
(d) Authorizes, rather than requires, a school district to employ a truancy prevention facilitator or juvenile case manager to implement the truancy prevention measures described, rather than required, by this section and any other effective truancy prevention measures as determined by the school district or campus. Authorizes the truancy prevention facilitator, rather than requiring the truancy prevention facilitator, at least annually, to meet to discuss effective truancy prevention measures with a case manager or other individual designated by a truancy court to provide services to students of the school district in truancy cases. Deletes existing text creating an exception under Subsection (e).
(e) Makes a conforming change to this subsection.
SECTION 3. Amends Section 25.095(b), Education Code, as follows:
(b) Requires that the notice:
(1) inform the parent that a student has been absent from school, without excuse under Section 25.087 (Excused Absences):
(A) makes no change to this paragraph; and
(B) the student may be, rather than is, subject to truancy prevention measures under Section 25.0915; and
(2) makes no change to this subdivision.
SECTION 4. Amends Section 25.0951(c), Education Code, to make a conforming change.
SECTION 5. Amends the heading to Section 65.007, Family Code, to read as follows:
Sec. 65.007. JURY TRIAL PROHIBITED.
SECTION 6. Amends Section 65.007(a), Family Code, as follows:
(a) Requires the truancy court to conduct all proceedings under Chapter 65 (Truancy Court Proceedings) without a jury. Deletes existing text providing that a child alleged to have engaged in truant conduct is entitled to a jury trial.
SECTION 7. Amends Section 65.010, Family Code, as follows:
Sec. 65.010. BURDEN OF PROOF. Prohibits a court, rather than a court or jury, from returning a finding that a child has engaged in truant conduct unless the state has proved the conduct beyond a reasonable doubt.
SECTION 8. Amends Section 65.053(b), Family Code, as follows:
(b) Requires the prosecutor, except as provided by Subsection (c) (relating to a prohibition on filing a petition for an adjudication of a child for truant conduct unless certain criteria are met), to file a petition with the truancy court requesting an adjudication of the child for truant conduct. Deletes existing text authorizing the prosecutor, in the prosecutor's discretion, to determine whether to file a petition with the truancy court requesting an adjudication of the child for truant conduct. Deletes existing text requiring the prosecutor, if the prosecutor decides not to file a petition requesting an adjudication, to inform the truancy court and the school district of the decision.
SECTION 9. Amends Section 65.055, Family Code, as follows:
Sec. 65.055. LIMITATIONS PERIOD. Prohibits filing a petition after the 60th, rather than the 45th day, after the date of the last absence giving rise to the act of truant conduct.
SECTION 10. Amends Sections 65.101(b), (f), (g), and (h), Family Code, as follows:
(b) Deletes existing text requiring the judge of the truancy court, at the beginning of the adjudication hearing, to explain to the child and the child's parent, guardian, or guardian ad litem, the child's right to a jury trial.
(f) Deletes existing text providing that in all jury cases the jury will be instructed that the burden is on the state to prove that a child has engaged in truant conduct beyond a reasonable doubt. Makes a conforming change.
(g) Makes a conforming change to this subsection.
(h) Deletes existing text providing that the jury is not involved in ordering remedies for a child who has been adjudicated as having engaged in truant conduct.
SECTION 11. Repealers: Sections 25.0915(b) (relating to information required to be in each referral to truancy court for certain conduct) and 25.0951(d) (relating to referral delays due to certain truancy prevention measures), Education Code.
Repealers: Sections 65.007(b) (relating to the number of jurors in a case involving alleged truant conduct) and (c) (relating to the lack of jury fee for a trial under Chapter 65), Family Code.
Repealer: Section 65.065 (Child Alleged to Be Mentally Ill), Family Code.
Repealer: Section 65.101(c) (relating to the requirement that jury verdicts under Chapter 65 be unanimous), Family Code.
Repealers: Sections 65.108(b) (relating to no right to a jury court in a hearing to modify a remedy imposed by the court) and 65.259(c) (relating to the requirement that the truancy court conduct an enforcement hearing without a jury), Family Code.
SECTION 12. Provides that Sections 25.091 (Powers and Duties of Peace Officers and Other Attendance Officers), 25.0915, and 25.0951, Education Code, as amended by this Act, apply beginning with the 20252026 school year.
SECTION 13. Makes application of the changes in law made by this Act to Chapter 65, Family Code, prospective.
SECTION 14. Effective date: September 1, 2025.