Texas Family Code - Section 51.03. Delinquent Conduct; Conduct Indicating A Need For Supervision
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Texas Lawyer > Family Code > Texas Family Code - Section 51.03. Delinquent Conduct; Conduct Indicating A Need For Supervision
§ 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; or
(B) a county court for conduct punishable only by
a fine;
(3) conduct that violates Section 49.04, 49.05, 49.06,
49.07, or 49.08, Penal Code; or
(4) conduct that violates Section 106.041, 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 absence of a child on 10 or more days or parts
of days within a six-month period in the same school year or on
three or more days or parts of days within a four-week period from
school;
(3) 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;
(4) 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 484.002, Health and Safety
Code;
(5) 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(c),
Education Code; or
(6) conduct that violates a reasonable and lawful
order of a court entered under Section 264.305.
(c) Nothing in this title prevents criminal proceedings
against a child for perjury.
(d) It is an affirmative defense to an allegation of conduct
under Subsection (b)(2) that one or more of the absences required to
be proven under that subsection have been excused by a school
official or by the court or that one or more of the absences were
involuntary, but only if there is an insufficient number of
unexcused or voluntary absences remaining to constitute conduct
under Subsection (b)(2). The burden is on the respondent to show by
a preponderance of the evidence that the absence has been or should
be excused or that the absence was involuntary. A decision by the
court to excuse an absence for purposes of this subsection does not
affect the ability of the school district to determine whether to
excuse the absence for another purpose.
(e) For the purposes of Subsection (b)(3), "child" does not
include a person who is married, divorced, or widowed.
(f) Except as provided by Subsection (g), conduct described
under Subsection (b)(1), other than conduct that violates Section
49.02, Penal Code, prohibiting public intoxication, does not
constitute conduct indicating a need for supervision unless the
child has been referred to the juvenile court under Section
51.08(b).
(g) In a county with a population of less than 100,000,
conduct described by Subsection (b)(1)(A) that violates Section
25.094, Education Code, is conduct indicating a need for
supervision.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, § 2 to 4, eff.
Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, § 1, eff.
June 6, 1977; Acts 1987, 70th Leg., ch. 511, § 1, eff. Sept. 1,
1987; Acts 1987, 70th Leg., ch. 924, § 1, eff. Sept. 1, 1987;
Acts 1987, 70th Leg., ch. 955, § 1, eff. June 19, 1987; Acts
1987, 70th Leg., ch. 1040, § 20, eff. Sept. 1, 1987; Acts 1987,
70th Leg., ch. 1099, § 48, eff. Sept. 1, 1987; Acts 1989, 71st
Leg., ch. 1100, § 3.02, eff. Aug. 28, 1989; Acts 1989, 71st
Leg., ch. 1245, § 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg.,
ch. 14, § 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch.
16, § 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169,
§ 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, § 1,
eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, § 14.30, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, § 4, eff. Jan. 1,
1996; Acts 1997, 75th Leg., ch. 165, § 6.07, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 1013, § 14, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1015, § 15, eff. June 19, 1997; Acts 1997,
75th Leg., ch. 1086, § 1, eff. Sept. 1, 1997; Acts 2001, 77th
Leg., ch. 1297, § 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg.,
ch. 1514, § 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch.
137, § 11, eff. Sept. 1, 2003; Acts 2005, 79th Leg., ch. 949,
§ 2, eff. Sept. 1, 2005.
Section: 45.102 45.103 45.104 45.105 45.106 51.01 51.02 51.03 51.031 51.04 51.041 51.0411 51.0412 51.042 51.045
Last modified: August 11, 2007
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