(a) Subject to Subsection (b) and notwithstanding any other law, a county, justice, or municipal court, at the court’s discretion, may dismiss a charge against a defendant alleging the defendant committed an offense under § 25.093, Education Code, if the court finds that a dismissal would be in the interest of justice because:
(1) there is a low likelihood of recidivism by the defendant; or
(2) sufficient justification exists for the failure to attend school.

Terms Used In Texas Code of Criminal Procedure 45.0531

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011

(b) Notwithstanding any other law, a county, justice, or municipal court shall dismiss a charge against a defendant alleging the defendant committed an offense under § 25.093, Education Code, if the parent completes the terms of an agreement entered into by the parent and the school district at which the parent’s child attends under § 25.094, Education Code, within the period required by Subsection (b) of that section. If agreed to by the school district that is a party to the agreement, the court may extend the period under § 25.094(b), Education Code, during which a parent may fulfill the terms of the agreement.

Without reference to the amendment of this article, this chapter was repealed by Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 3.001(6), eff. January 1, 2025.
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