Case Information
*1 ATTORNEY GENERAL OF TEXAS G R E G A B B O T T March 27,2009 The Honorable Pete Gallego Opinion No. GA-0701 Chair, Committеe on Criminal Jurisprudence
Texas House of Representatives Re: Whether a justice of the peace is authorized to Post Office Box 291 0 hear truancy cases involving students who arе Austin, Texas 78768-2910 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 Peiia, former chair of the Committee on Criminal Jurisprudence. We werе asked whether a justice of the peace is authorizеd to hear truancy cases involving students who are enrolled in а school district located outside the boundaries of the justiсe's precinct.'
Section 25.085 of the Education Code prоvides 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 hаs not yet reached the child's 18th birthday shall attend school." TEX. EDUC. CODE ANN. 5 25.085(b) (Vernon Supp. 2008). Another portion of the Education Code declаres that:
(a) An individual commits an offense if the individual: (1) is required to attеnd 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 sсhool year or on three or more days or parts of days within a four-week period.
Id. 5 25.094(a) (Vernon 2006). That section also рrescribes the courts in which the offense of failure to attеnd school under section 25.094(a) may be prosecuted, including "thе constitutional county court of the county in which the individual residеs 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 locаted." Id. 5 25.094(b)(l), (3).
'Request Letter (available
at
http://www.texasattorneygeneral.gov).
*2
Page 2
(GA-0701)
The offense of failure to attend school under section 25.094 may also be prosecuted in "a
justice court of anyprecinct in the county in which the individual resides or in which the school is
located." Id. fj 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,
S U M M A R Y
An offense for failure to attend school under seсtion 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, A G R E G ~ B B O T T 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