Sec. 65.258. NOTICE AND APPEARANCE. (a) On the filing of a motion for enforcement, the truancy court shall by written notice set the date, time, and place of the hearing and order the person against whom enforcement is sought to appear and respond to the motion.
(b) The notice must be given by personal service or by certified mail, return receipt requested, on or before the 10th day before the date of the hearing on the motion. The notice must include a copy of the motion for enforcement. Personal service must comply with the Code of Criminal Procedure.
(c) If a person moves to strike or specially excepts to the motion for enforcement, the truancy court shall rule on the exception or motion to strike before the court hears evidence on the motion for enforcement. If an exception is sustained, the court shall give the movant an opportunity to replead and continue the hearing to a designated date and time without the requirement of additional service.
(d) If a person who has been personally served with notice to appear at the hearing does not appear, the truancy court may not hold the person in contempt, but may issue a warrant for the arrest of the person.
Added by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 27, eff. September 1, 2015.
Structure Texas Statutes
Title 3A - Truancy Court Proceedings
Chapter 65 - Truancy Court Proceedings
Subchapter F. Enforcement of Orders
Section 65.251. Failure to Obey Truancy Court Order; Child in Contempt of Court
Section 65.252. Proceedings in Juvenile Court
Section 65.253. Parent or Other Person in Contempt of Court
Section 65.254. Writ of Attachment
Section 65.255. Entry of Truancy Court Order Against Parent or Other Eligible Person
Section 65.257. Motion for Enforcement