onecle - legal research

Court Opinions

State Laws

US Code

US Constitution

Texas Family Code - Section 51.03. Delinquent Conduct; Conduct Indicating A Need For Supervision

Legal Research Home > Texas Laws > 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:  Previous  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  Next

Speak with a Lawyer in Texas

Last modified: August 11, 2007