Compulsory School Attendance—Texas Education Code 25.085
A child who is required to attend school under this section shall attend school each school day for the entire period the program of instruction is provided.
(b) Unless specifically exempted by Section 25.086, a child who is at least six years of age, or who is younger than six years of age and has previously been enrolled in first grade, and who has not yet reached the child's 19th birthday shall attend school.
(c) On enrollment in prekindergarten or kindergarten, a child shall attend school.
(d) Unless specifically exempted by Section 25.086, a student enrolled in a school district must attend:
(1) an extended-year program for which the student is eligible that is provided by the district for students identified as likely not to be promoted to the next grade level or tutorial classes required by the district under Section 29.084;
(2) an accelerated reading instruction program to which the student is assigned under Section 28.006(g);
3) an accelerated instruction program to which the student is assigned under Section 28.0211
(4) a basic skills program to which the student is assigned under Section 29.086; or
(5) a summer program provided under Section 37.008(l) or Section 37.021.
(e) A person who voluntarily enrolls in school or voluntarily attends school after the person's 19th birthday shall attend school each school day for the entire period the program of instruction is offered. A school district may revoke for the remainder of the school year the enrollment of a person who has more than five absences in a semester that are not excused under Section 25.087, except a school district may not revoke the enrollment of a person under this subsection on a day on which the person is physically present at school. A person whose enrollment is revoked under this subsection may be considered an unauthorized person on school district grounds for purposes of Section 37.107.
(f) The board of trustees of a school district may adopt a policy requiring a person described by Subsection (e) who is under 21 years of age to attend school until the end of the school year. Section 65.003(a), Family Code, does not apply to a person subject to a policy adopted under this subsection. Sections 25.093 and 25.095 do not apply to the parent of a person subject to a policy adopted under this subsection.
(g) After the third unexcused absence of a person described by Subsection (e), a school district shall issue a warning letter to the person that states the person's enrollment may be revoked for the remainder of the school year if the person has more than five unexcused absences in a semester.
(h) As an alternative to revoking a person's enrollment under Subsection (e), a school district may impose a behavior improvement plan described by Section 25.0915(a-1)(1).
School District Complaint or Referral for Failure to Attend School—Texas Education Code 25.0951
If a student fails to attend school without excuse on 10 or more days or parts of days within a six-month period in the same school year, a school district shall within 10 school days of the student's 10th absence refer the student to a truancy court for truant conduct under Section 65.003(a), Family Code.
(b) If a student fails to attend school without excuse as specified by Subsection (a), a school district may file a complaint against the student's parent in a county, justice, or municipal court for an offense under Section 25.093 if the school district provides evidence of the parent's criminal negligence. In this subsection, "parent" includes a person standing in parental relation.
(c) A court shall dismiss a complaint made by a school district under Subsection (b) that:
(1) does not comply with this section;
(2) does not allege the elements required for the offense;
(3) is not timely filed, unless the school district delayed the referral under Subsection (d); or
(4) is otherwise substantively defective.
(d) Notwithstanding Subsection (a), a school district may delay a referral of a student for truant conduct, or may choose to not refer a student for truant conduct, if the school district:
(1) is applying truancy prevention measures to the student under Section 25.0915; and
(2) determines that the truancy prevention measures are succeeding and it is in the best interest of the student that a referral be delayed or not be made.
Parent Contributing to Nonattendance--Texas Education Code 25.093
(a) If a warning is issued as required by Section 25.095(a), the parent with criminal negligence fails to require the child to attend school as required by law, and the child has absences for the amount of time specified under Section 65.003(a), Family Code, the parent commits an offense.
(b) The attendance officer or other appropriate school official shall file a complaint against the parent in:
(1) the constitutional county court of the county in which the parent resides or in which the school is located, if the county has a population of 1.75 million or more;
(2) a justice court of any precinct in the county in which the parent resides or in which the school is located; or
(3) a municipal court of the municipality in which the parent resides or in which the school is located.
(c) An offense under Subsection (a) is a misdemeanor, punishable by fine only, in an amount not to exceed:
(1) $100 for a first offense;
(2) $200 for a second offense;
(3) $300 for a third offense;
(4) $400 for a fourth offense; or
(5) $500 for a fifth or subsequent offense.
(c-1) Each day the child remains out of school may constitute a separate offense. Two or more offenses under Subsection (a) may be consolidated and prosecuted in a single action. If the court orders deferred disposition under Article 45.051, Code of Criminal Procedure, the court may require the defendant to provide personal services to a charitable or educational institution as a condition of the deferral.
(d) A fine collected under this section shall be deposited as follows:
(1) one-half shall be deposited to the credit of the operating fund of, as applicable:
(A) the school district in which the child attends school;
(B) the open-enrollment charter school the child attends; or
(C) the juvenile justice alternative education program that the child has been ordered to attend; and
(2) one-half shall be deposited to the credit of:
(A) the general fund of the county, if the complaint is filed in the justice court or the constitutional county court; or
(B) the general fund of the municipality, if the complaint is filed in municipal court.
(e) At the trial of any person charged with violating this section, the attendance records of the child may be presented in court by any authorized employee of the school district or open-enrollment charter school, as applicable.
(f) The court in which a conviction, deferred adjudication, or deferred disposition for an offense under Subsection (a) occurs may order the defendant 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 students' unexcused absences and in developing strategies for resolving those problems if a program is available.
(g) If a parent refuses to obey a court order entered under this section, the court may punish the parent for contempt of court under Section 21.002, Government Code.
(h) It is an affirmative defense to prosecution for an offense under Subsection (a) that one or more of the absences required to be proven under Subsection (a) was excused by a school official or should be excused by the court. The burden is on the defendant to show by a preponderance of the evidence that the absence has been or should be excused. A decision by the court to excuse an absence for purposes of this section does not affect the ability of the school district to determine whether to excuse the absence for another purpose.
(i) In this section, "parent" includes a person standing in parental relation.