Tex. Fam. Code Section 51.03
Delinquent Conduct; Conduct Indicating a Need for Supervision


(a)

Delinquent conduct is:

(1)

conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;

(2)

conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:

(A)

a justice or municipal court;

(B)

a county court for conduct punishable only by a fine; or

(C)

a truancy court;

(3)

conduct that violates Section 49.04 (Driving While Intoxicated), 49.05 (Flying While Intoxicated), 49.06 (Boating While Intoxicated), 49.07 (Intoxication Assault), or 49.08 (Intoxication Manslaughter), Penal Code; or

(4)

conduct that violates Section 106.041 (Driving or Operating Watercraft Under the Influence of Alcohol by Minor), Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).

(b)

Conduct indicating a need for supervision is:

(1)

subject to Subsection (f), conduct, other than a traffic offense, that violates:

(A)

the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or

(B)

the penal ordinances of any political subdivision of this state;

(2)

the voluntary absence of a child from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without intent to return;

(3)

conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in Section 485.001 (Definitions), Health and Safety Code;

(4)

an act that violates a school district’s previously communicated written standards of student conduct for which the child has been expelled under Section 37.007 (Expulsion for Serious Offenses)(c), Education Code;

(5)

notwithstanding Subsection (a)(1), conduct described by Section 43.02 (Prostitution) or 43.021 (Solicitation of Prostitution), Penal Code;

(6)

notwithstanding Subsection (a)(1), conduct that violates Section 43.261 (Electronic Transmission of Certain Visual Material Depicting Minor), Penal Code; or

(7)

notwithstanding Subsection (a)(1), conduct that violates Section 42.0601 (False Report to Induce Emergency Response), Penal Code, if the child has not previously been adjudicated as having engaged in conduct violating that section.

(c)

Nothing in this title prevents criminal proceedings against a child for perjury.

(d)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.

(e)

For the purposes of Subsection (b)(2), “child” does not include a person who is married, divorced, or widowed.

(e-1)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.

(f)

Conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under Section 51.08 (Transfer from Criminal Court)(b).

(g)

Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, Sec. 2 to 4, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, Sec. 1, eff. June 6, 1977; Acts 1987, 70th Leg., ch. 511, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 924, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 955, Sec. 1, eff. June 19, 1987; Acts 1987, 70th Leg., ch. 1040, Sec. 20, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1099, Sec. 48, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1100, Sec. 3.02, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1245, Sec. 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 16, Sec. 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.30, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 4, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.07, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 14, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1015, Sec. 15, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 11, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 311 (H.B. 558), Sec. 3, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 2, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1150 (H.B. 2015), Sec. 1, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 7.001, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 6, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 18, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 4, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 3, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.002, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 21, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 38, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 5, eff. September 1, 2021.

Source: Section 51.03 — Delinquent Conduct; Conduct Indicating a Need for Supervision, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­51.­htm#51.­03 (accessed Feb. 22, 2024).

51.01
Purpose and Interpretation
51.02
Definitions
51.03
Delinquent Conduct
51.04
Jurisdiction
51.05
Court Sessions and Facilities
51.06
Venue
51.07
Transfer to Another County for Disposition
51.08
Transfer from Criminal Court
51.09
Waiver of Rights
51.10
Right to Assistance of Attorney
51.11
Guardian Ad Litem
51.12
Place and Conditions of Detention
51.13
Effect of Adjudication or Disposition
51.17
Procedure and Evidence
51.18
Election Between Juvenile Court and Alternate Juvenile Court
51.19
Limitation Periods
51.20
Physical or Mental Examination
51.21
Mental Health Screening and Referral
51.031
Habitual Felony Conduct
51.041
Jurisdiction After Appeal
51.042
Objection to Jurisdiction Because of Age of the Child
51.045
Juries in County Courts at Law
51.071
Transfer of Probation Supervision Between Counties: Courtesy Supervision Prohibited
51.072
Transfer of Probation Supervision Between Counties: Interim Supervision
51.073
Transfer of Probation Supervision Between Counties: Permanent Supervision
51.074
Transfer of Probation Supervision Between Counties: Deferred Prosecution
51.075
Collaborative Supervision Between Adjoining Counties
51.095
Admissibility of a Statement of a Child
51.101
Appointment of Attorney and Continuation of Representation
51.102
Appointment of Counsel Plan
51.115
Attendance at Hearing: Parent or Other Guardian
51.116
Right to Reemployment
51.125
Post-adjudication Correctional Facilities
51.126
Nonsecure Correctional Facilities
51.151
Polygraph Examination
51.0411
Jurisdiction for Transfer or Release Hearing
51.0412
Jurisdiction over Incomplete Proceedings
51.0413
Jurisdiction over and Transfer of Combination of Proceedings
51.0414
Discretionary Transfer to Combine Proceedings

Accessed:
Feb. 22, 2024

§ 51.03’s source at texas​.gov