By: Creighton S.B. No. 1925
A BILL TO BE ENTITLED
AN ACT
relating to truancy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 25.091(a) and (b), Education Code, are
amended to read as follows:
(a) A peace officer serving as an attendance officer has the
following powers and duties concerning enforcement of compulsory
school attendance requirements:
(1) to investigate each case of a violation of
compulsory school attendance requirements referred to the peace
officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; [and]
(B) [if the truancy prevention measures fail to
meaningfully address the student's conduct:
[(i)] 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; or
(C) [(ii)] filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to serve court-ordered legal process;
(4) to review school attendance records for compliance
by each student investigated by the officer;
(5) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record; and
(6) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that a peace officer may not enter
a residence without the permission of the parent of a student
required under this subchapter to attend school or of the tenant or
owner of the residence except to lawfully serve court-ordered legal
process on the parent.
(b) An attendance officer employed by a school district who
is not commissioned as a peace officer has the following powers and
duties with respect to enforcement of compulsory school attendance
requirements:
(1) to investigate each case of a violation of the
compulsory school attendance requirements referred to the
attendance officer;
(2) to enforce compulsory school attendance
requirements by:
(A) applying truancy prevention measures adopted
under Section 25.0915 to the student; [and]
(B) [if the truancy prevention measures fail to
meaningfully address the student's conduct:
[(i)] 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; and
(C) [(ii)] filing a complaint in a county,
justice, or municipal court against a parent who violates Section
25.093;
(3) to monitor school attendance compliance by each
student investigated by the officer;
(4) to maintain an investigative record on each
compulsory school attendance requirement violation and related
court action and, at the request of a court, the board of trustees
of a school district, or the commissioner, to provide a record to
the individual or entity requesting the record;
(5) to make a home visit or otherwise contact the
parent of a student who is in violation of compulsory school
attendance requirements, except that the attendance officer may not
enter a residence without permission of the parent or of the owner
or tenant of the residence; and
(6) at the request of a parent, to escort a student
from any location to a school campus to ensure the student's
compliance with compulsory school attendance requirements.
SECTION 2. Sections 25.0915(a), (a-1), (a-3), (a-4), (c),
(d), and (e), Education Code, are amended to read as follows:
(a) A school district may [shall] adopt truancy prevention
measures designed to[:
[(1)] address student conduct related to truancy in
the school setting before the student engages in conduct described
by Section 65.003(a), Family Code[; and
[(2) minimize the need for referrals to truancy court
for conduct described by Section 65.003(a), Family Code].
(a-1) As a truancy prevention measure under Subsection (a),
a school district may [shall] take one or more of the following
actions:
(1) impose:
(A) a behavior improvement plan on the student
that must be signed by an employee of the school, that the school
district has made a good faith effort to have signed by the student
and the student's parent or guardian, and that includes:
(i) a specific description of the behavior
that is required or prohibited for the student;
(ii) the period for which the plan will be
effective, not to exceed 45 school days after the date the contract
becomes effective; or
(iii) the penalties for additional
absences, including additional disciplinary action or the referral
of the student to a truancy court; or
(B) school-based community service; or
(2) refer the student to counseling, mediation,
mentoring, a teen court program, community-based services, or other
in-school or out-of-school services aimed at addressing the
student's truancy.
(a-3) A school district shall offer additional counseling
to a student and may not refer the student to truancy court under
this section, Section 25.0951, or any other provision if the school
determines that the student's truancy is the result of:
(1) pregnancy;
(2) being in the state foster program;
(3) [homelessness;
[(4)] severe or life-threatening illness or related
treatment; or
(4) [(5)] being the principal income earner for the
student's family.
(a-4) 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), the school district may [shall] initiate truancy
prevention measures under this section on the student.
(c) A truancy court shall dismiss a petition filed by a
truant conduct prosecutor under Section 65.054, Family Code, if the
court determines that the school district's referral:
(1) [does not comply with Subsection (b);
[(2)] does not satisfy the elements required for
truant conduct;
(2) [(3)] is not timely filed[, unless the school
district delayed the referral under Section 25.0951(d)]; or
(3) [(4)] is otherwise substantively defective.
(d) A [Except as provided by Subsection (e), a] school
district may [shall] employ a truancy prevention facilitator or
juvenile case manager to implement the truancy prevention measures
described [required] by this section and any other effective
truancy prevention measures as determined by the school district or
campus. The [At least annually, the] truancy prevention
facilitator may [shall] 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.
(e) Instead of employing a truancy prevention facilitator,
a school district may designate an existing district employee or
juvenile case manager to implement the truancy prevention measures
described [required] by this section and any other effective
truancy prevention measures as determined by the school district or
campus.
SECTION 3. 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.
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 may be [is] subject to truancy
prevention measures under Section 25.0915; and
(2) request a conference between school officials and
the parent to discuss the absences.
SECTION 4. Section 25.0951(c), Education Code, is amended
to read as follows:
(c) A court shall dismiss a complaint made by a school
district under Subsection (b) that:
(1) does not comply with this section;
(2) does not allege the elements required for the
offense;
(3) is not timely filed[, unless the school district
delayed the referral under Subsection (d)]; or
(4) is otherwise substantively defective.
SECTION 5. The heading to Section 65.007, Family Code, is
amended to read as follows:
Sec. 65.007. [RIGHT TO] JURY TRIAL PROHIBITED.
SECTION 6. Section 65.007(a), Family Code, is amended to
read as follows:
(a) The truancy court shall conduct all proceedings under
this chapter without a jury [A child alleged to have engaged in
truant conduct is entitled to a jury trial].
SECTION 7. Section 65.010, Family Code, is amended to read
as follows:
Sec. 65.010. BURDEN OF PROOF. A court [or jury] may not
return a finding that a child has engaged in truant conduct unless
the state has proved the conduct beyond a reasonable doubt.
SECTION 8. Section 65.053(b), Family Code, is amended to
read as follows:
(b) Except as provided by Subsection (c), the [The]
prosecutor shall [may, in the prosecutor's discretion, determine
whether to] file a petition with the truancy court requesting an
adjudication of the child for truant conduct. [If the prosecutor
decides not to file a petition requesting an adjudication, the
prosecutor shall inform the truancy court and the school district
of the decision.]
SECTION 9. Section 65.055, Family Code, is amended to read
as follows:
Sec. 65.055. LIMITATIONS PERIOD. A petition may not be
filed after the 60th [45th] day after the date of the last absence
giving rise to the act of truant conduct.
SECTION 10. Sections 65.101(b), (f), (g), and (h), Family
Code, are amended to read as follows:
(b) At the beginning of the adjudication hearing, the judge
of the truancy court shall explain to the child and the child's
parent, guardian, or guardian ad litem:
(1) the allegations made against the child;
(2) the nature and possible consequences of the
proceedings;
(3) the child's privilege against self-incrimination;
(4) the child's right to trial and to confrontation of
witnesses; and
(5) the child's right to representation by an attorney
if the child is not already represented[; and
[(6) the child's right to a jury trial].
(f) At the conclusion of the adjudication hearing, the court
[or jury] shall find whether the child has engaged in truant
conduct. The finding must be based on competent evidence admitted
at the hearing. The child shall be presumed to have not engaged in
truant conduct and no finding that a child has engaged in truant
conduct may be returned unless the state has proved the conduct
beyond a reasonable doubt. [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.]
(g) If the court [or jury] finds that the child did not
engage in truant conduct, the court shall dismiss the case with
prejudice.
(h) If the court [or jury] finds that the child did engage in
truant conduct, the court shall proceed to issue a judgment finding
the child has engaged in truant conduct and order the remedies the
court finds appropriate under Section 65.103. [The jury is not
involved in ordering remedies for a child who has been adjudicated
as having engaged in truant conduct.]
SECTION 11. The following provisions are repealed:
(1) Sections 25.0915(b) and 25.0951(d), Education
Code;
(2) Sections 65.007(b) and (c), Family Code;
(3) Section 65.065, Family Code; and
(4) Sections 65.101(c), 65.108(b), and 65.259(c),
Family Code.
SECTION 12. Sections 25.091, 25.0915, and 25.0951,
Education Code, as amended by this Act, apply beginning with the
2025-2026 school year.
SECTION 13. The changes in law made by this Act to Chapter
65, Family Code, apply only to conduct that occurs on or after the
effective date of this Act. Conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose. For purposes of this section, conduct occurs
before the effective date of this Act if any element of the conduct
occurs before that date.
SECTION 14. This Act takes effect September 1, 2025.