A truancy court may hold a child in contempt for not following a truancy order and may impose a fine up to $100 or trigger license suspension/denial, but it may not order confinement for that violation.
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.