Can a Texas justice of the peace hear truancy cases for students in a school district outside the JP's precinct?

TX AG Opinion GA-0701: Can a JP hear a truancy case from outside the precinct?

Plain-English summary

A state representative, relaying a colleague's question, asked whether a justice of the peace is authorized to hear truancy cases involving students enrolled in a school district located outside the boundaries of the justice's precinct.

Education Code section 25.085 requires a child between six and eighteen to attend school, and section 25.094(a) makes it an offense to fail to attend school on a specified number of days. Section 25.094 also lists the courts where the offense may be prosecuted, including certain constitutional county courts and municipal courts based on where the individual resides or the school is located, and, importantly, "a justice court of any precinct in the county in which the individual resides or in which the school is located."

The Attorney General applied the plain-meaning rule. The language of section 25.094(b)(2) is clear: a justice court's jurisdiction in truancy matters does not depend on the location of the school district. It is based on where the alleged truant resides and where the particular school is located, and it is not limited to the precinct in which the justice presides but covers the entire county. So an offense for failure to attend school may be brought before a justice court of any precinct in the county where the alleged truant resides or where the school is located.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Texas overhauled its truancy laws after this opinion, including changes to how failure to attend school is handled. The venue and jurisdiction rules described here may no longer operate the same way. Confirm the current statutes before relying on this opinion.

Who this opinion affected (as of 2009)

Justices of the peace: The opinion concluded a justice court's truancy jurisdiction is county-wide, so a justice could hear a case involving a school district outside the justice's own precinct.

Students and families in truancy cases: The opinion meant a truancy case could be filed in any precinct's justice court in the county where the student lives or the school sits.

School districts: The opinion clarified that the district's location does not control which justice court has jurisdiction over a truancy case.

Common questions

Can any JP in the county hear a truancy case?
Yes, the opinion said. The offense may be prosecuted in a justice court of any precinct in the county where the alleged truant resides or where the school is located.

Does the school district's location limit the JP's jurisdiction?
No. The opinion held a justice court's truancy jurisdiction does not depend on the location of the school district.

Is the JP limited to cases in their own precinct?
No. The opinion concluded the jurisdiction covers the entire county, not just the precinct where the justice presides.

What ties the case to a particular county?
The opinion explained jurisdiction is based on where the alleged truant resides and where the particular school is located.

Background and statutory framework

Education Code section 25.085(b) requires a child between six and eighteen to attend school (Tex. Educ. Code Ann. § 25.085(b) (Vernon Supp. 2008)), and section 25.094(a) makes failure to attend school an offense (id. § 25.094(a) (Vernon 2006)). Section 25.094(b) lists the courts where the offense may be prosecuted, including a justice court of any precinct in the county where the individual resides or the school is located (id. § 25.094(b)(1), (2), (3)). Applying the plain-meaning rule (Leland v. Brandal, 257 S.W.3d 204, 206 (Tex. 2008)), the opinion read subsection (b)(2) to make justice court truancy jurisdiction county-wide, independent of the school district's location.

Citations

Statutes:

• Tex. Educ. Code Ann. §§ 25.085(b) (Vernon Supp. 2008), 25.094(a), (b)(1), (2), (3) (Vernon 2006)

Cases:

• Leland v. Brandal, 257 S.W.3d 204, 206 (Tex. 2008)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0701
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2009/ga0701.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain — the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

March 27, 2009

The Honorable Pete Gallego
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives
Post Office Box 2910
Austin, Texas 78768-2910

Opinion No. GA-0701

Re: Whether a justice of the peace is authorized to hear truancy cases involving students who are enrolled in a district that is located outside the boundaries of the justice's precinct (RQ-0748-GA)

Dear Representative Gallego:

You have requested that we answer the question submitted by your colleague, Representative Aaron Peña, former chair of the Committee on Criminal Jurisprudence. We were asked whether a justice of the peace is authorized to hear truancy cases involving students who are enrolled in a school district located outside the boundaries of the justice's precinct.[1]

Section 25.085 of the Education Code provides that "[u]nless 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 18th birthday shall attend school." TEX. EDUC. CODE ANN. § 25.085(b) (Vernon Supp. 2008). Another portion of the Education Code declares that:

(a) An individual commits an offense if the individual:

(1) is required to attend school under Section 25.085; and

(2) fails to attend school on 10 or more days or parts of days within a six-month period in the same school year or on three or more days or parts of days within a four-week period.

Id. § 25.094(a) (Vernon 2006). That section also prescribes the courts in which the offense of failure to attend school under section 25.094(a) may be prosecuted, including "the constitutional county court of the county in which the individual resides or in which the school is located, if the county has a population of two million or more," and "a municipal court in the municipality in which the individual resides or in which the school is located." Id. § 25.094(b)(1), (3).

The offense of failure to attend school under section 25.094 may also be prosecuted in "a justice court of any precinct in the county in which the individual resides or in which the school is located." Id. § 25.094(b)(2) (emphasis added). It is well established that, if a "statute's language is unambiguous, its plain meaning will prevail." Leland v. Brandal, 257 S.W.3d 204, 206 (Tex. 2008). The language of section 25.094(b)(2) is clear and unambiguous. The jurisdiction of a justice court in truancy matters is not dependent upon the location of the school district. Rather, it is premised upon the location of the residence of the alleged truant and the location of the particular school. The jurisdiction of a justice court in truancy matters is not limited to the particular precinct in which a justice presides, but instead encompasses the entire county. As a result, an offense for failure to attend school may be brought before a justice court of any precinct of a county in which the alleged truant resides or in which his particular school is located.

SUMMARY

An offense for failure to attend school under section 25.094(a) of the Education Code may be prosecuted in a justice court of any precinct in the county in which the alleged truant resides or in which his school is located.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

ANDREW WEBER
First Assistant Attorney General

JONATHAN K. FRELS
Deputy Attorney General for Legal Counsel

NANCY S. FULLER
Chair, Opinion Committee

Rick Gilpin
Assistant Attorney General, Opinion Committee

[Footnote 1: Request Letter (available at http://www.texasattorneygeneral.gov).]