Texas Family Code 51.03 – Delinquent Conduct; Conduct Indicating a Need for Supervision
(a) Delinquent conduct is:
(1) conduct, other than a traffic offense, that violates a penal law of this state or of the United States punishable by imprisonment or by confinement in jail;
(2) conduct that violates a lawful order of a court under circumstances that would constitute contempt of that court in:
(A) a justice or municipal court;
(B) a county court for conduct punishable only by a fine; or
(C) a truancy court;
(3) conduct that violates § 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or
(4) conduct that violates § 106.041, Alcoholic Beverage Code, relating to driving under the influence of alcohol by a minor (third or subsequent offense).
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a traffic offense, that violates:
(A) the penal laws of this state of the grade of misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political subdivision of this state;
(2) the voluntary absence of a child from the child’s home without the consent of the child’s parent or guardian for a substantial length of time or without intent to return;
(3) conduct prohibited by city ordinance or by state law involving the inhalation of the fumes or vapors of paint and other protective coatings or glue and other adhesives and the volatile chemicals itemized in § 485.001, Health and Safety Code;
(4) an act that violates a school district’s previously communicated written standards of student conduct for which the child has been expelled under § 37.007(c), Education Code;
(5) notwithstanding Subsection (a)(1), conduct described by § 43.02 or 43.021, Penal Code;
(6) notwithstanding Subsection (a)(1), conduct that violates § 43.261, Penal Code; or
(7) notwithstanding Subsection (a)(1), conduct that violates § 42.0601, Penal Code, if the child has not previously been adjudicated as having engaged in conduct violating that section.
Terms Used In Texas Family Code 51.03
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) Nothing in this title prevents criminal proceedings against a child for perjury.
(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
(e) For the purposes of Subsection (b)(2), “child” does not include a person who is married, divorced, or widowed.
(e-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.
(f) Conduct described under Subsection (b)(1) does not constitute conduct indicating a need for supervision unless the child has been referred to the juvenile court under § 51.08(b).
(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.