reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.102. Remedial Actions

Sec. 65.102.  REMEDIAL ACTIONS.  (a)  The truancy court shall determine and order appropriate remedial actions in regard to a child who has been found to have engaged in truant conduct.
(b)  The truancy court shall orally pronounce the court's remedial actions in the child's presence and enter those actions in a written order.
(c)  After pronouncing the court's remedial actions, the court shall advise the child and the child's parent, guardian, or guardian ad litem of:
(1)  the child's right to appeal, as detailed in Subchapter D; and
(2)  the procedures for the sealing of the child's records under Section 65.201.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.103. Remedial Order

Sec. 65.103.  REMEDIAL ORDER.  (a)  A truancy court may enter a remedial order requiring a child who has been found to have engaged in truant conduct to:
(1)  attend school without unexcused absences;
(2)  attend a preparatory class for the high school equivalency examination administered under Section 7.111, Education Code, if the court determines that the individual is unlikely to do well in a formal classroom environment due to the individual's age;
(3)  if the child is at least 16 years of age, take the high school equivalency examination administered under Section 7.111, Education Code, if that is in the best interest of the child;
(4)  attend a nonprofit, community-based special program that the court determines to be in the best interest of the child, including:
(A)  an alcohol and drug abuse program;
(B)  a rehabilitation program;
(C)  a counseling program, including a self-improvement program;
(D)  a program that provides training in self-esteem and leadership;
(E)  a work and job skills training program;
(F)  a program that provides training in parenting, including parental responsibility;
(G)  a program that provides training in manners;
(H)  a program that provides training in violence avoidance;
(I)  a program that provides sensitivity training; and
(J)  a program that provides training in advocacy and mentoring;
(5)  complete not more than 50 hours of community service on a project acceptable to the court; and
(6)  participate for a specified number of hours in a tutorial program covering the academic subjects in which the child is enrolled that are provided by the school the child attends.
(b)  A truancy court may not order a child who has been found to have engaged in truant conduct to:
(1)  attend a juvenile justice alternative education program, a boot camp, or a for-profit truancy class; or
(2)  perform more than 16 hours of community service per week under this section.
(c)  In addition to any other order authorized by this section, a truancy court may order the Department of Public Safety to suspend the driver's license or permit of a child who has been found to have engaged in truant conduct.  If the child does not have a driver's license or permit, the court may order the Department of Public Safety to deny the issuance of a license or permit to the child.  The period of the license or permit suspension or the order that the issuance of a license or permit be denied may not extend beyond the maximum time period that a remedial order is effective as provided by Section 65.104.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.104. Maximum Time Remedial Order Is Effective

Sec. 65.104.  MAXIMUM TIME REMEDIAL ORDER IS EFFECTIVE.  A truancy court's remedial order under Section 65.103 is effective until the later of:
(1)  the date specified by the court in the order, which may not be later than the 180th day after the date the order is entered; or
(2)  the last day of the school year in which the order was entered.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.105. Orders Affecting Parents and Others

Sec. 65.105.  ORDERS AFFECTING PARENTS AND OTHERS.  (a)  If a child has been found to have engaged in truant conduct, the truancy court may:
(1)  order the child and the child's parent to attend a class for students at risk of dropping out of school that is designed for both the child and the child's parent;
(2)  order any person found by the court to have, by a wilful act or omission, contributed to, caused, or encouraged the child's truant conduct to do any act that the court determines to be reasonable and necessary for the welfare of the child or to refrain from doing any act that the court determines to be injurious to the child's welfare;
(3)  enjoin all contact between the child and a person who is found to be a contributing cause of the child's truant conduct, unless that person is related to the child within the third degree by consanguinity or affinity, in which case the court may contact the Department of Family and Protective Services, if necessary;
(4)  after notice to, and a hearing with, all persons affected, order any person living in the same household with the child to participate in social or psychological counseling to assist in the child's rehabilitation;
(5)  order the child's parent or other person responsible for the child's support to pay all or part of the reasonable costs of treatment programs in which the child is ordered to participate if the court finds the child's parent or person responsible for the child's support is able to pay the costs;
(6)  order the child's parent to attend a program for parents of students with unexcused absences that provides instruction designed to assist those parents in identifying problems that contribute to the child's unexcused absences and in developing strategies for resolving those problems; and
(7)  order the child's parent to perform not more than 50 hours of community service with the child.
(b)  A person subject to an order proposed under Subsection (a) is entitled to a hearing before the order is entered by the court.
(c)  On a finding by the court that a child's parents have made a reasonable good faith effort to prevent the child from engaging in truant conduct and that, despite the parents' efforts, the child continues to engage in truant conduct, the court shall waive any requirement for community service that may be imposed on a parent under this section.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.106. Liability for Claims Arising From Community Service

Sec. 65.106.  LIABILITY FOR CLAIMS ARISING FROM COMMUNITY SERVICE.  (a)  A municipality or county that establishes a program to assist children and their parents in rendering community service under this subchapter may purchase an insurance policy protecting the municipality or county against a claim brought by a person other than the child or the child's parent for a cause of action that arises from an act of the child or parent while rendering the community service.  The municipality or county is not liable for the claim to the extent that damages are recoverable under a contract of insurance or under a plan of self-insurance authorized by statute.
(b)  The liability of the municipality or county for a claim that arises from an action of the child or the child's parent while rendering community service may not exceed $100,000 to a single person and $300,000 for a single occurrence in the case of personal injury or death, and $10,000 for a single occurrence of property damage.  Liability may not extend to punitive or exemplary damages.
(c)  This section does not waive a defense, immunity, or jurisdictional bar available to the municipality or county or its officers or employees, nor shall this section be construed to waive, repeal, or modify any provision of Chapter 101, Civil Practice and Remedies Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.107. Court Cost

Sec. 65.107.  COURT COST.  (a)  If a child is found to have engaged in truant conduct, the truancy court, after giving the child, parent, or other person responsible for the child's support a reasonable opportunity to be heard, shall order the child, parent, or other person, if financially able to do so, to pay a court cost of $50 to the clerk of the court.
(b)  The court's order to pay the $50 court cost is not effective unless the order is reduced to writing and signed by the judge.  The written order to pay the court cost may be part of the court's order detailing the remedial actions in the case.
(c)  The clerk of the court shall keep a record of the court costs collected under this section and shall forward the funds to the county treasurer, municipal treasurer, or person fulfilling the role of a county treasurer or municipal treasurer, as appropriate.
(d)  The court costs collected under this section shall be deposited in a special account that can be used only to offset the cost of the operations of the truancy court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.108. Hearing to Modify Remedy

Sec. 65.108.  HEARING TO MODIFY REMEDY.  (a)  A truancy court may hold a hearing to modify any remedy imposed by the court.  A remedy may only be modified during the period the order is effective under Section 65.104.
(b)  There is no right to a jury at a hearing under this section.
(c)  A hearing to modify a remedy imposed by the court shall be held on the petition of the state, the court, or the child and the child's parent, guardian, guardian ad litem, or attorney. Reasonable notice of a hearing to modify disposition shall be given to all parties.
(d)  Notwithstanding any other law, in considering a motion to modify a remedy imposed by the court, the truancy court may consider a written report from a school district official or employee, juvenile case manager, or professional consultant in addition to the testimony of witnesses.  The court shall provide the attorney for the child and the prosecuting attorney with access to all written matters to be considered by the court.  The court may order counsel not to reveal items to the child or to the child's parent, guardian, or guardian ad litem if the disclosure would materially harm the treatment and rehabilitation of the child or would substantially decrease the likelihood of receiving information from the same or similar sources in the future.
(e)  The truancy court shall pronounce in court, in the presence of the child, the court's changes to the remedy, if any.  The court shall specifically state the new remedy and the court's reasons for modifying the remedy in a written order.  The court shall furnish a copy of the order to the child.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter C. Adjudication Hearing and Remedies › Section 65.109. Motion for New Trial

Sec. 65.109.  MOTION FOR NEW TRIAL.  The order of a truancy court may be challenged by filing a motion for new trial.  Rules 505.3(c) and (e), Texas Rules of Civil Procedure, apply to a motion for new trial.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter D. Appeal › Section 65.151. Right to Appeal

Sec. 65.151.  RIGHT TO APPEAL.  (a)  The child, the child's parent or guardian, or the state may appeal any order of a truancy court.  A person subject to an order entered under Section 65.105 may appeal that order.
(b)  An appeal from a truancy court shall be to a juvenile court.  The case must be tried de novo in the juvenile court.  This chapter applies to the de novo trial in the juvenile court.  On appeal, the judgment of the truancy court is vacated.
(c)  A judgment of a juvenile court in a trial conducted under Subsection (b) may be appealed in the same manner as an appeal under Chapter 56.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter D. Appeal › Section 65.152. Governing Law

Sec. 65.152.  GOVERNING LAW.  Rule 506, Texas Rules of Civil Procedure, applies to the appeal of an order of a truancy court to a juvenile court in the same manner as the rule applies to an appeal of a judgment of a justice court to a county court, except an appeal bond is not required.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter D. Appeal › Section 65.153. Counsel on Appeal

Sec. 65.153.  COUNSEL ON APPEAL.  (a)  A child may be represented by counsel on appeal.
(b)  If the child and the child's parent, guardian, or guardian ad litem request an appeal, the attorney who represented the child before the truancy court, if any, shall file a notice of appeal with the court that will hear the appeal and inform that court whether that attorney will handle the appeal.
(c)  An appeal serves to vacate the order of the truancy court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter E. Records › Section 65.201. Sealing of Records

Sec. 65.201.  SEALING OF RECORDS.  (a)  A child who has been found to have engaged in truant conduct may apply, on or after the child's 18th birthday, to the truancy court that made the finding to seal the records relating to the allegation and finding of truant conduct held by:
(1)  the court;
(2)  the truant conduct prosecutor; and
(3)  the school district.
(b)  The application must include the following information or an explanation of why one or more of the following is not included:
(1)  the child's:
(A)  full name;
(B)  sex;
(C)  race or ethnicity;
(D)  date of birth;
(E)  driver's license or identification card number; and
(F)  social security number;
(2)  the dates on which the truant conduct was alleged to have occurred; and
(3)  if known, the cause number assigned to the petition and the court and county in which the petition was filed.
(c)  The truancy court shall order that the records be sealed after determining the child complied with the remedies ordered by the court in the case.
(d)  All index references to the records of the truancy court that are ordered sealed shall be deleted not later than the 30th day after the date of the sealing order.
(e)  A truancy court, clerk of the court, truant conduct prosecutor, or school district shall reply to a request for information concerning a child's sealed truant conduct case that no record exists with respect to the child.
(f)  Inspection of the sealed records may be permitted by an order of the truancy court on the petition of the person who is the subject of the records and only by those persons named in the order.
(g)  A person whose records have been sealed under this section is not required in any proceeding or in any application for employment, information, or licensing to state that the person has been the subject of a proceeding under this chapter.  Any statement that the person has never been found to have engaged in truant conduct may not be held against the person in any criminal or civil proceeding.
(h)  On or after the fifth anniversary of a child's 16th birthday, on the motion of the child or on the truancy court's own motion, the truancy court may order the destruction of the child's records that have been sealed under this section if the child has not been convicted of a felony.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter E. Records › Section 65.202. Confidentiality of Records

Sec. 65.202.  CONFIDENTIALITY OF RECORDS.  Records and files created under this chapter may be disclosed only to:
(1)  the judge of the truancy court, the truant conduct prosecutor, and the staff of the judge and prosecutor;
(2)  the child or an attorney for the child;
(3)  a governmental agency if the disclosure is required or authorized by law;
(4)  a person or entity to whom the child is referred for treatment or services if the agency or institution disclosing the information has entered into a written confidentiality agreement with the person or entity regarding the protection of the disclosed information;
(5)  the Texas Department of Criminal Justice and the Texas Juvenile Justice Department for the purpose of maintaining statistical records of recidivism and for diagnosis and classification;
(6)  the agency; or
(7)  with leave of the truancy court, any other person, agency, or institution having a legitimate interest in the proceeding or in the work of the court.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter E. Records › Section 65.203. Destruction of Certain Records

Sec. 65.203.  DESTRUCTION OF CERTAIN RECORDS.  A truancy court shall order the destruction of records relating to allegations of truant conduct that are held by the court or by the prosecutor if a prosecutor decides not to file a petition for an adjudication of truant conduct after a review of the referral under Section 65.053.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.251. Failure to Obey Truancy Court Order; Child in Contempt of Court

Sec. 65.251.  FAILURE TO OBEY TRUANCY COURT ORDER; CHILD IN CONTEMPT OF COURT.  (a)  If a child fails to obey an order issued by a truancy court under Section 65.103(a) or a child is in direct contempt of court, the truancy court, after providing notice and an opportunity for a hearing, may hold the child in contempt of court and order either or both of the following:
(1)  that the child pay a fine not to exceed $100; or
(2)  that the Department of Public Safety suspend the child's driver's license or permit or, if the child does not have a license or permit, order that the Department of Public Safety deny the issuance of a license or permit to the child until the child fully complies with the court's orders.
(b)  If a child fails to obey an order issued by a truancy court under Section 65.103(a) or a child is in direct contempt of court and the child has failed to obey an order or has been found in direct contempt of court on two or more previous occasions, the truancy court, after providing notice and an opportunity for a hearing, may refer the child to the juvenile probation department as a request for truancy intervention, unless the child failed to obey the truancy court order or was in direct contempt of court while 17 years of age or older.
(c)  On referral of the child to the juvenile probation department, the truancy court shall provide to the juvenile probation department:
(1)  documentation of all truancy prevention measures taken by the originating school district;
(2)  documentation of all truancy orders for each of the child's previous truancy referrals, including:
(A)  court remedies and documentation of the child's failure to comply with the truancy court's orders, if applicable, demonstrating all interventions that were exhausted by the truancy court; and
(B)  documentation describing the child's direct contempt of court, if applicable;
(3)  the name, birth date, and last known address of the child and the school in which the child is enrolled; and
(4)  the name and last known address of the child's parent or guardian.
(d)  The juvenile probation department may, on review of information provided under Subsection (c):
(1)  offer further remedies related to the local plan for truancy intervention strategies adopted under Section 25.0916, Education Code; or
(2)  refer the child to a juvenile court for a hearing to be conducted under Section 65.252.
(e)  A truancy court may not order the confinement of a child for the child's failure to obey an order of the court issued under Section 65.103(a).
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.252. Proceedings in Juvenile Court

Sec. 65.252.  PROCEEDINGS IN JUVENILE COURT.  (a)  After a referral by the local juvenile probation department, the juvenile court prosecutor shall determine if probable cause exists to believe that the child engaged in direct contempt of court or failed to obey an order of the truancy court under circumstances that would constitute contempt of court.  On a finding that probable cause exists, the prosecutor shall determine whether to request an adjudication.  Not later than the 20th day after the date the juvenile court receives a request for adjudication from the prosecutor, the juvenile court shall conduct a hearing to determine if the child engaged in conduct that constitutes contempt of the order issued by the truancy court or engaged in direct contempt of court.
(b)  If the juvenile court finds that the child engaged in conduct that constitutes contempt of the order issued by the truancy court or direct contempt of court, the juvenile court shall:
(1)  enter an order requiring the child to comply with the truancy court's order;
(2)  forward a copy of the order to the truancy court within five days; and
(3)  admonish the child, orally and in writing, of the consequences of subsequent referrals to the juvenile court, including:
(A)  a possible charge of delinquent conduct for contempt of the truancy court's order or direct contempt of court; and
(B)  a possible detention hearing.
(c)  If the juvenile court prosecutor finds that probable cause does not exist to believe that the child engaged in direct contempt or in conduct that constitutes contempt of the order issued by the truancy court, or if the juvenile probation department finds that extenuating circumstances caused the original truancy referral, the juvenile court shall enter an order requiring the child's continued compliance with the truancy court's order and notify the truancy court not later than the fifth day after the date the order is entered.
(d)  This section does not limit the discretion of a juvenile prosecutor or juvenile court to prosecute a child for conduct under Section 51.03.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.253. Parent or Other Person in Contempt of Court

Sec. 65.253.  PARENT OR OTHER PERSON IN CONTEMPT OF COURT.  (a)  A truancy court may enforce the following orders by contempt:
(1)  an order that a parent of a child, guardian of a child, or any court-appointed guardian ad litem of a child attend an adjudication hearing under Section 65.062(b);
(2)  an order requiring a person other than a child to take a particular action under Section 65.105(a);
(3)  an order that a child's parent, or other person responsible to support the child, reimburse the municipality or county for the cost of the guardian ad litem appointed for the child under Section 65.061(c); and
(4)  an order that a parent, or person other than the child, pay the $50 court cost under Section 65.107.
(b)  A truancy court may find a parent or person other than the child in direct contempt of the court.
(c)  The penalty for a finding of contempt under Subsection (a) or (b) is a fine in an amount not to exceed $100.
(d)  In addition to the assessment of a fine under Subsection (c), direct contempt of the truancy court by a parent or person other than the child is punishable by:
(1)  confinement in jail for a maximum of three days;
(2)  a maximum of 40 hours of community service; or
(3)  both confinement and community service.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.254. Writ of Attachment

Sec. 65.254.  WRIT OF ATTACHMENT.  A truancy court may issue a writ of attachment for a person who violates an order entered under Section 65.057(c).  The writ of attachment is executed in the same manner as in a criminal proceeding as provided by Chapter 24, Code of Criminal Procedure.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.255. Entry of Truancy Court Order Against Parent or Other Eligible Person

Sec. 65.255.  ENTRY OF TRUANCY COURT ORDER AGAINST PARENT OR OTHER ELIGIBLE PERSON.  (a)  The truancy court shall:
(1)  provide notice to a person who is the subject of a proposed truancy court order under Section 65.253; and
(2)  provide a sufficient opportunity for the person to be heard regarding the proposed order.
(b)  A truancy court order under Section 65.253 must be in writing and a copy promptly furnished to the parent or other eligible person.
(c)  The truancy court may require the parent or other eligible person to provide suitable identification to be included in the court's file.  Suitable identification includes fingerprints, a driver's license number, a social security number, or similar indicia of identity.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.256. Appeal

Sec. 65.256.  APPEAL.  (a)  The parent or other eligible person against whom a final truancy court order has been entered under Section 65.253 may appeal as provided by law from judgments entered by a justice court in civil cases.
(b)  Rule 506, Texas Rules of Civil Procedure, applies to an appeal under this section, except an appeal bond is not required.
(c)  The pendency of an appeal initiated under this section does not abate or otherwise affect the proceedings in the truancy court involving the child.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.257. Motion for Enforcement

Sec. 65.257.  MOTION FOR ENFORCEMENT.  (a)  The state may initiate enforcement of a truancy court order under Section 65.253 against a parent or person other than the child by filing a written motion.  In ordinary and concise language, the motion must:
(1)  identify the provision of the order allegedly violated and sought to be enforced;
(2)  state specifically and factually the manner of the person's alleged noncompliance;
(3)  state the relief requested; and
(4)  contain the signature of the party filing the motion.
(b)  The state must allege the particular violation by the person of the truancy court order that the state had a reasonable basis for believing the person was violating when the motion was filed.
(c)  The truancy court may also initiate enforcement of an order under this section on its own motion.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.258. Notice and Appearance

Sec. 65.258.  NOTICE AND APPEARANCE.  (a)  On the filing of a motion for enforcement, the truancy court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion.
(b)  The notice must be given by personal service or by certified mail, return receipt requested, on or before the 10th day before the date of the hearing on the motion.  The notice must include a copy of the motion for enforcement.  Personal service must comply with the Code of Criminal Procedure.
(c)  If a person moves to strike or specially excepts to the motion for enforcement, the truancy court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement.  If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.
(d)  If a person who has been personally served with notice to appear at the hearing does not appear, the truancy court may not hold the person in contempt, but may issue a warrant for the arrest of the person.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 3A - Truancy Court Proceedings › Chapter 65 - Truancy Court Proceedings › Subchapter F. Enforcement of Orders › Section 65.259. Conduct of Enforcement Hearing

Sec. 65.259.  CONDUCT OF ENFORCEMENT HEARING.  (a)  The movant must prove beyond a reasonable doubt that the person against whom enforcement is sought engaged in conduct constituting contempt of a reasonable and lawful court order as alleged in the motion for enforcement.
(b)  The person against whom enforcement is sought has a privilege not to be called as a witness or otherwise to incriminate himself or herself.
(c)  The truancy court shall conduct the enforcement hearing without a jury.
(d)  The truancy court shall include in the court's judgment:
(1)  findings for each violation alleged in the motion for enforcement; and
(2)  the punishment, if any, to be imposed.
(e)  If the person against whom enforcement is sought was not represented by counsel during any previous court proceeding involving a motion for enforcement, the person may, through counsel, raise any defense or affirmative defense to the proceeding that could have been asserted in the previous court proceeding that was not asserted because the person was not represented by counsel.
(f)  It is an affirmative defense to enforcement of a truancy court order under Section 65.253 that the court did not provide the parent or other eligible person with due process of law in the proceeding in which the court entered the order.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.001. Applicability of Definitions

Sec. 71.001.  APPLICABILITY OF DEFINITIONS.  (a)  Definitions in this chapter apply to this title.
(b)  If, in another part of this title, a term defined by this chapter has a meaning different from the meaning provided by this chapter, the meaning of that other provision prevails.
(c)  Except as provided by this chapter, the definitions in Chapter 101 apply to terms used in this title.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.002. Court

Sec. 71.002.  COURT.  "Court" means the district court, court of domestic relations, juvenile court having the jurisdiction of a district court, statutory county court, constitutional county court, or other court expressly given jurisdiction under this title.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1220, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.0021. Dating Violence

Sec. 71.0021.  DATING VIOLENCE.  (a)  "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that:
(1)  is committed against a victim or applicant for a protective order:
(A)  with whom the actor has or has had a dating relationship; or
(B)  because of the victim's or applicant's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and
(2)  is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim or applicant in fear of imminent physical harm, bodily injury, assault, or sexual assault.
(b)  For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature.  The existence of such a relationship shall be determined based on consideration of:
(1)  the length of the relationship;
(2)  the nature of the relationship;  and
(3)  the frequency and type of interaction between the persons involved in the relationship.
(c)  A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b).
Added by Acts 2001, 77th Leg., ch. 91, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 872 (S.B. 116), Sec. 2, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.003. Family

Sec. 71.003.  FAMILY.  "Family" includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 821, Sec. 2.03, eff. June 14, 2001.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.004. Family Violence

Sec. 71.004.  FAMILY VIOLENCE.  "Family violence" means:
(1)  an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2)  abuse, as that term is defined by Sections 261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M), by a member of a family or household toward a child of the family or household; or
(3)  dating violence, as that term is defined by Section 71.0021.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 2001, 77th Leg., ch. 91, Sec. 2, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 117 (S.B. 817), Sec. 2, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 1, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 1136 (H.B. 249), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.005. Household

Sec. 71.005.  HOUSEHOLD.  "Household" means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.006. Member of a Household

Sec. 71.006.  MEMBER OF A HOUSEHOLD.  "Member of a household" includes a person who previously lived in a household.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle A - General Provisions › Chapter 71 - Definitions › Section 71.007. Prosecuting Attorney

Sec. 71.007.  PROSECUTING ATTORNEY.  "Prosecuting attorney" means the attorney, determined as provided in this title, who represents the state in a district or statutory county court in the county in which venue of the application for a protective order is proper.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.001. Entitlement to Protective Order

Sec. 81.001.  ENTITLEMENT TO PROTECTIVE ORDER.  A court shall render a protective order as provided by Section 85.001(b) if the court finds that family violence has occurred.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.0015. Presumption

Sec. 81.0015.  PRESUMPTION.  For purposes of this subtitle, there is a presumption that family violence has occurred if:
(1)  the respondent has been convicted of or placed on deferred adjudication community supervision for any of the following offenses against the child for whom the petition is filed:
(A)  an offense under Title 5, Penal Code, for which the court has made an affirmative finding that the offense involved family violence under Article 42.013, Code of Criminal Procedure; or
(B)  an offense under Title 6, Penal Code; and
(2)  the respondent's parental rights with respect to the child have been terminated.
Added by Acts 2015, 84th Leg., R.S., Ch. 1241 (H.B. 1782), Sec. 1, eff. September 1, 2015.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 688 (H.B. 1432), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.002. No Fee for Applicant

Sec. 81.002.  NO FEE FOR APPLICANT.  An applicant for a protective order or an attorney representing an applicant may not be assessed a fee, cost, charge, or expense by a district or county clerk of the court or a sheriff, constable, or other public official or employee in connection with the filing, serving, or entering of a protective order or for any other service described by this subsection, including:
(1)  a fee to dismiss, modify, or withdraw a protective order;
(2)  a fee for certifying copies;
(3)  a fee for comparing copies to originals;
(4)  a court reporter fee;
(5)  a judicial fund fee;
(6)  a fee for any other service related to a protective order;  or
(7)  a fee to transfer a protective order.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 3, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.003. Fees and Costs Paid by Party Found to Have Committed Family Violence

Sec. 81.003.  FEES AND COSTS PAID BY PARTY FOUND TO HAVE COMMITTED FAMILY VIOLENCE.  (a)  Except on a showing of good cause or of the indigence of a party found to have committed family violence, the court shall require in a protective order that the party against whom the order is rendered pay the $16 protective order fee, the standard fees charged by the clerk of the court in a general civil proceeding for the cost of serving the order, the costs of court, and all other fees, charges, or expenses incurred in connection with the protective order.
(b)  The court may order a party against whom an agreed protective order is rendered under Section 85.005 to pay the fees required in Subsection (a).
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 4, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.004. Contempt for Nonpayment of Fee

Sec. 81.004.  CONTEMPT FOR NONPAYMENT OF FEE.  (a)  A party who is ordered to pay fees and costs and who does not pay before the date specified by the order may be punished for contempt of court as provided by Section 21.002, Government Code.
(b)  If a date is not specified by the court under Subsection (a), payment of costs is required before the 60th day after the date the order was rendered.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 5, eff. Sept. 1, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.005. Attorney's Fees

Sec. 81.005.  ATTORNEY'S FEES.  (a)  The court may assess reasonable attorney's fees against the party found to have committed family violence or a party against whom an agreed protective order is rendered under Section 85.005 as compensation for the services of a private or prosecuting attorney or an attorney employed by the Department of Family and Protective Services.
(b)  In setting the amount of attorney's fees, the court shall consider the income and ability to pay of the person against whom the fee is assessed.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.  Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 6, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 4, eff. May 21, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.006. Payment of Attorney's Fees

Sec. 81.006.  PAYMENT OF ATTORNEY'S FEES.  The amount of fees collected under this chapter as compensation for the fees:
(1)  of a private attorney shall be paid to the private attorney who may enforce the order for fees in the attorney's own name;
(2)  of a prosecuting attorney shall be paid to the credit of the county fund from which the salaries of the employees of the prosecuting attorney are paid or supplemented; and
(3)  of an attorney employed by the Department of Family and Protective Services shall be deposited in the general revenue fund to the credit of the Department of Family and Protective Services.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 5, eff. May 21, 2011.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.007. Prosecuting Attorney

Sec. 81.007.  PROSECUTING ATTORNEY.  (a)  The county attorney or the criminal district attorney is the prosecuting attorney responsible for filing applications under this subtitle unless the district attorney assumes the responsibility by giving notice of that assumption to the county attorney.
(b)  The prosecuting attorney responsible for filing an application under this subtitle shall provide notice of that responsibility to all law enforcement agencies in the jurisdiction of the prosecuting attorney.
(c)  The prosecuting attorney shall comply with Article 5.06, Code of Criminal Procedure, in filing an application under this subtitle.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.0075. Representation by Prosecuting Attorney in Certain Other Actions

Sec. 81.0075.  REPRESENTATION BY PROSECUTING ATTORNEY IN CERTAIN OTHER ACTIONS.  Subject to the Texas Disciplinary Rules of Professional Conduct, a prosecuting attorney is not precluded from representing a party in a proceeding under this subtitle and the Department of Family and Protective Services in another action involving the party, regardless of whether the proceeding under this subtitle occurs before, concurrently with, or after the other action involving the party.
Added by Acts 1997, 75th Leg., ch. 1193, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 110 (H.B. 841), Sec. 6, eff. May 21, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 393 (S.B. 130), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.008. Relief Cumulative

Sec. 81.008.  RELIEF CUMULATIVE.  Except as provided by this subtitle, the relief and remedies provided by this subtitle are cumulative of other relief and remedies provided by law.
Added by Acts 1997, 75th Leg., ch. 34, Sec. 1, eff. May 5, 1997.
2023 Texas Statutes › Family Code › Title 4 - Protective Orders and Family Violence › Subtitle B - Protective Orders › Chapter 81 - General Provisions › Section 81.009. Appeal

Sec. 81.009.  APPEAL.  (a)  Except as provided by Subsections (b) and (c), a protective order rendered under this subtitle may be appealed.
(b)  A protective order rendered against a party in a suit for dissolution of a marriage may not be appealed until the time the final decree of dissolution of the marriage becomes a final, appealable order.
(c)  A protective order rendered against a party in a suit affecting the parent-child relationship may not be appealed until the time an order providing for support of the child or possession of or access to the child becomes a final, appealable order.
Added by Acts 2005, 79th Leg., Ch. 916 (H.B. 260), Sec. 2, eff. June 18, 2005.