Tex. Fam. Code Section 65.003
Truant Conduct


(a)

A child engages in truant conduct if the child is required to attend school under Section 25.085 (Compulsory School Attendance), Education Code, and fails to attend school on 10 or more days or parts of days within a six-month period in the same school year.

(b)

Truant conduct may be prosecuted only as a civil case in a truancy court.

(c)

It is an affirmative defense to an allegation of truant conduct that one or more of the absences required to be proven:

(1)

have been excused by a school official or by the court;

(2)

were involuntary; or

(3)

were due to the child’s voluntary absence from the child’s home because of abuse, as defined by Section 261.001 (Definitions).

(d)

The affirmative defense provided by Subsection (c) is not available if, after deducting the absences described by that subsection, there remains a sufficient number of absences to constitute truant conduct.

(e)

In asserting an affirmative defense described by Subsection (c), the burden is on the child to show by a preponderance of the evidence that the absence:

(1)

has been or should be excused;

(2)

was involuntary; or

(3)

was due to the child’s voluntary absence from the child’s home because of abuse, as defined by Section 261.001 (Definitions).

(f)

A decision by the court to excuse an absence for purposes of an affirmative defense under Subsection (c) does not affect the ability of the school district to determine whether to excuse the absence for another purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 272 (H.B. 3165), Sec. 1, eff. June 4, 2021.

Source: Section 65.003 — Truant Conduct, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­65.­htm#65.­003 (accessed Feb. 22, 2024).

65.001
Scope and Purpose
65.002
Definitions
65.003
Truant Conduct
65.004
Truancy Courts
65.005
Court Sessions
65.006
Venue
65.007
Right to Jury Trial
65.008
Waiver of Rights
65.009
Effect of Adjudication
65.010
Burden of Proof
65.011
Applicable Statutes Regarding Discovery
65.012
Procedural Rules
65.013
Interpreters
65.014
Signatures
65.015
Public Access to Court Hearings
65.016
Recording of Proceedings
65.017
Juvenile Case Managers
65.051
Initial Referral to Truancy Court
65.052
Truant Conduct Prosecutor
65.053
Review by Prosecutor
65.054
State’s Petition
65.055
Limitations Period
65.056
Hearing Date
65.057
Summons
65.058
Service of Summons
65.059
Representation by Attorney
65.060
Child’s Answer
65.061
Guardian Ad Litem
65.062
Attendance at Hearing
65.063
Right to Reemployment
65.064
Subpoena of Witness
65.065
Child Alleged to Be Mentally Ill
65.101
Adjudication Hearing
65.102
Remedial Actions
65.103
Remedial Order
65.104
Maximum Time Remedial Order Is Effective
65.105
Orders Affecting Parents and Others
65.106
Liability for Claims Arising from Community Service
65.107
Court Cost
65.108
Hearing to Modify Remedy
65.109
Motion for New Trial
65.151
Right to Appeal
65.152
Governing Law
65.153
Counsel on Appeal
65.201
Sealing of Records
65.202
Confidentiality of Records
65.203
Destruction of Certain Records
65.251
Failure to Obey Truancy Court Order
65.252
Proceedings in Juvenile Court
65.253
Parent or Other Person in Contempt of Court
65.254
Writ of Attachment
65.255
Entry of Truancy Court Order Against Parent or Other Eligible Person
65.256
Appeal
65.257
Motion for Enforcement
65.258
Notice and Appearance
65.259
Conduct of Enforcement Hearing

Accessed:
Feb. 22, 2024

§ 65.003’s source at texas​.gov