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.