Texas Code of Criminal Procedure

Art. Art. 45.057
Offenses Committed by Juveniles


(a)

In this article:

(1)

“Child” has the meaning assigned by Article 45.058 (Children Taken Into Custody)(h).

(2)

“Residence” means any place where the child lives or resides for a period of at least 30 days.

(3)

“Parent” includes a person standing in parental relation, a managing conservator, or a custodian.

(b)

On a finding by a justice or municipal court that a child committed an offense that the court has jurisdiction of under Article 4.11 (Jurisdiction of Justice Courts) or 4.14 (Jurisdiction of Municipal Court), the court has jurisdiction to enter an order:

(1)

referring the child or the child’s parent for services under Section 264.302 (Early Youth Intervention Services), Family Code;

(2)

requiring that the child attend a special program that the court determines to be in the best interest of the child and, if the program involves the expenditure of municipal or county funds, that is approved by the governing body of the municipality or county commissioners court, as applicable, including a rehabilitation, counseling, self-esteem and leadership, work and job skills training, job interviewing and work preparation, self-improvement, parenting, manners, violence avoidance, tutoring, sensitivity training, parental responsibility, community service, restitution, advocacy, or mentoring program; or

(3)

requiring that the child’s parent do any act or refrain from doing any act that the court determines will increase the likelihood that the child will comply with the orders of the court and that is reasonable and necessary for the welfare of the child, including:

(A)

attend a parenting class or parental responsibility program; and

(B)

attend the child’s school classes or functions.

(c)

The justice or municipal court may order the parent, managing conservator, or guardian of a child required to attend a program under Subsection (b) to pay an amount not greater than $100 to pay for the costs of the program.

(d)

A justice or municipal court may require a child, parent, managing conservator, or guardian required to attend a program, class, or function under this article to submit proof of attendance to the court.

(e)

A justice or municipal court shall endorse on the summons issued to a parent an order to appear personally at the hearing with the child. The summons must include a warning that the failure of the parent to appear may result in arrest and is a Class C misdemeanor.

(f)

An order under this article involving a child is enforceable under Article 45.050 (Failure to Pay Fine; Failure to Appear; Contempt: Juveniles).

(g)

A person commits an offense if the person is a parent, managing conservator, or guardian who fails to attend a hearing under this article after receiving an order under Subsection (e). An offense under this subsection is a Class C misdemeanor.

(h)

A child and parent required to appear before the court have an obligation to provide the court in writing with the current address and residence of the child. The obligation does not end when the child reaches age 17. On or before the seventh day after the date the child or parent changes residence, the child or parent shall notify the court of the current address in the manner directed by the court. A violation of this subsection may result in arrest and is a Class C misdemeanor. The obligation to provide notice terminates on discharge and satisfaction of the judgment or final disposition not requiring a finding of guilt.

(i)

If an appellate court accepts an appeal for a trial de novo, the child and parent shall provide the notice under Subsection (h) to the appellate court.

(j)

The child and parent are entitled to written notice of their obligation under Subsections (h) and (i), which may be satisfied by being given a copy of those subsections by:

(1)

the court during their initial appearance before the court;

(2)

a peace officer arresting and releasing a child under Article 45.058 (Children Taken Into Custody)(a) on release; and

(3)

a peace officer that issues a citation under Section 543.003 (Notice to Appear Required: Person Not Taken Before Magistrate), Transportation Code, or Article 14.06(b) of this code.

(k)

It is an affirmative defense to prosecution under Subsection (h) that the child and parent were not informed of their obligation under this article.

(l)

Any order under this article is enforceable by the justice or municipal court by contempt.
Added by Acts 2001, 77th Leg., ch. 1514, Sec. 9, eff. Sept. 1, 2001. Subsecs. (a), (b), (e), (h) amended by Acts 2003, 78th Leg., ch. 283, Sec. 34, eff. Sept. 1, 2003. Subsecs. (i) to (l) added by Acts 2003, 78th Leg., ch. 283, Sec. 34, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 777 (H.B. 1964), Sec. 3, eff. September 1, 2011.
Source

Last accessed
Jun. 7, 2021