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AN ACT
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relating to an affirmative defense to an allegation of truant |
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conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.003, Family Code, is amended by |
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amending Subsection (c) and adding Subsections (d), (e), and (f) to |
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read as follows: |
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(c) It is an affirmative defense to an allegation of truant |
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conduct that one or more of the absences required to be proven: |
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(1) have been excused by a school official or by the |
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court; |
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(2) [or that one or more of the absences] were |
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involuntary; or |
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(3) were due to the child's voluntary absence from the |
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child's home because of abuse, as defined by Section 261.001. |
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(d) The affirmative defense provided by Subsection (c) is |
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not available if, after deducting the absences described by that |
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subsection, [but only if] there remains a sufficient [is an |
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insufficient] number of [unexcused or voluntary] absences |
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[remaining] to constitute truant conduct. |
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(e) In asserting an affirmative defense described by |
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Subsection (c), the [The] burden is on the child to show by a |
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preponderance of the evidence that the absence: |
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(1) has been or should be excused; |
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(2) [or that the absence] was involuntary; or |
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(3) was due to the child's voluntary absence from the |
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child's home because of abuse, as defined by Section 261.001. |
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(f) A decision by the court to excuse an absence for |
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purposes of an affirmative defense under Subsection (c) [this |
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subsection] does not affect the ability of the school district to |
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determine whether to excuse the absence for another purpose. |
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SECTION 2. This Act applies beginning with the 2021-2022 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3165 was passed by the House on April |
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16, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3165 was passed by the Senate on May |
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19, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |