HB 2947
AN ACT relating to truancy; increasing a criminal penalty.
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Modifies Texas truancy laws by increasing criminal penalties for parents of students with excessive unexcused absences, raising fines from $100-$500 to $150-$800 for repeated offenses. It allows school districts to refer students to truancy court more quickly if previous prevention measures failed, and requires districts to submit annual attendance reports tracking unexcused absences. The bill also provides a pathway for parents to have truancy-related criminal records sealed if their child graduates high school or enlists in the military.
Subject Areas
Bill Text
relating to truancy; increasing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.0915, Education Code, is amended by adding Subsection (a-5) and amending Subsection (b) to read as (a-5) If a school district previously imposed truancy prevention measures on a student and the student, in a succeeding school year, engages in conduct described by Section 65.003(a), Family Code, the school district may refer the student to truancy court without again imposing truancy prevention measures. (b) Each referral to truancy court for conduct described by Section 65.003(a), Family Code, must: (1) be accompanied by a statement from the student's (A) the school applied, or has applied in a prior school year, the truancy prevention measures adopted under Subsection (a) or (a-4) to the student; and (B) the truancy prevention measures failed to meaningfully address the student's school attendance; and (2) specify whether the student is eligible for or receives special education services under Subchapter A, Chapter 29. SECTION 2. Section 25.093, Education Code, is amended by amending Subsection (c) and adding Subsection (g-1) to read as (c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed: (1) $150 [$100] for a first offense; (2) $250 [$200] for a second offense; (3) $350 [$300] for a third offense; (4) $500 [$400] for a fourth offense; or (5) $800 [$500] for a fifth or subsequent offense. (g-1) The court shall dismiss a fine imposed under this section if the parent presents the court with proof that the child (2) graduated from high school or received the equivalent of a high school diploma; or (3) enlisted in the armed forces of the United States. SECTION 3. Subchapter C, Chapter 25, Education Code, is amended by adding Section 25.096 to read as follows: Sec. 25.096. ANNUAL ATTENDANCE REPORT. Each school district shall annually submit a report to the agency that includes, for the preceding school year, the following information disaggregated by campus and grade: (A) who failed to attend school without excuse for 10 or more days or parts of days within a six-month period in the (B) for whom the district initiated a truancy (C) for whom the district made a referral to (2) the number of parents of students against whom a complaint has been filed under Section 25.093. SECTION 4. Subchapter E-1, Chapter 411, Government Code, is amended by adding Section 411.0737 to read as follows: Sec. 411.0737. PROCEDURE FOR CONVICTION; PARENT CONTRIBUTING TO NONATTENDANCE. (a) This section applies only to a person who is convicted of an offense under Section 25.093, (b) Notwithstanding any other provision of this subchapter or Subchapter F, a person described by Subsection (a) may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section, regardless of whether the person has paid all fines and costs imposed. (c) After notice to the state, an opportunity for a hearing, and a determination that the person is entitled to file the petition described by Subsection (b) and that issuance of an order of nondisclosure of criminal history record information is in the best interest of justice, the court shall issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense for which the (d) A person may petition the court that imposed the sentence for an order of nondisclosure of criminal history record information under this section only on or after the date on which: (1) the person completed payment of all fines and costs imposed under Section 25.093, Education Code; or (2) the child that the person failed to require to (B) graduates from high school or receives the equivalent of a high school diploma; or (C) enlists in the armed forces of the United SECTION 5. Section 411.074, Government Code, is amended by adding Subsection (c) to read as follows: (c) This section does not apply to a person who petitions for an order of nondisclosure under Section 411.0737. SECTION 6. Section 25.0915, Education Code, as amended by this Act, applies beginning with the 2023-2024 school year. SECTION 7. The changes in law made by this Act to Section 25.093, Education Code, apply only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date. SECTION 8. Not later than December 1, 2026, each school district shall submit to the Texas Education Agency the first attendance report required under Section 25.096, Education Code, as SECTION 9. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to truancy; increasing a criminal penalty.
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