Tex. Codes » Family Code · TITLE 3. JUVENILE JUSTICE CODE · CHAPTER 51. GENERAL PROVISIONS
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Tex. Fam. Code § 51.03 (2026)

Delinquent Conduct; Conduct Indicating A Need For Supervision

✓ laws through the 89th Legislature (2025)
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Sec. 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 Section 49.04, 49.05, 49.06, 49.07, or 49.08, Penal Code; or

(4) conduct that violates Section 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 Section 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 Section 37.007(c), Education Code;

(5) notwithstanding Subsection (a)(1), conduct described by Section 43.02 or 43.021, Penal Code;

(6) notwithstanding Subsection (a)(1), conduct that violates Section 43.261, Penal Code; or

(7) notwithstanding Subsection (a)(1), conduct that violates Section 42.0601, Penal Code, if the child has not previously been adjudicated as having engaged in conduct violating that section.

(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(d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff.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 Section 51.08(b).

(g) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.

Acts 1973, 63rd Leg., p. 1460, ch. 544, Sec. 1, eff. Sept. 1, 1973. Amended by Acts 1975, 64th Leg., p. 2153, ch. 693, Sec. 2 to 4, eff. Sept. 1, 1975; Acts 1977, 65th Leg., p. 906, ch. 340, Sec. 1, eff. June 6, 1977; Acts 1987, 70th Leg., ch. 511, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 924, Sec. 1, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 955, Sec. 1, eff. June 19, 1987; Acts 1987, 70th Leg., ch. 1040, Sec. 20, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 1099, Sec. 48, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 1100, Sec. 3.02, eff. Aug. 28, 1989; Acts 1989, 71st Leg., ch. 1245, Sec. 1, 4, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 14, Sec. 284(35), eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 16, Sec. 7.02, eff. Aug. 26, 1991; Acts 1991, 72nd Leg., ch. 169, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 46, Sec. 1, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 76, Sec. 14.30, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 262, Sec. 4, eff. Jan. 1, 1996; Acts 1997, 75th Leg., ch. 165, Sec. 6.07, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1013, Sec. 14, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1015, Sec. 15, eff. June 19, 1997; Acts 1997, 75th Leg., ch. 1086, Sec. 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1297, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1514, Sec. 11, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 137, Sec. 11, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 949 (H.B. 1575), Sec. 2, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch. 908 (H.B. 2884), Sec. 3, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 311 (H.B. 558), Sec. 3, eff. September 1, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 1098 (S.B. 1489), Sec. 2, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1150 (H.B. 2015), Sec. 1, eff. September 1, 2011.

Acts 2011, 82nd Leg., R.S., Ch. 1322 (S.B. 407), Sec. 4, eff. September 1, 2011.

Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 7.001, eff. September 1, 2013.

Acts 2013, 83rd Leg., R.S., Ch. 1299 (H.B. 2862), Sec. 6, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 18, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398), Sec. 41(3), eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 4, eff. September 1, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1273 (S.B. 825), Sec. 3, eff. September 1, 2015.

Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 7.002, eff. September 1, 2017.

Acts 2017, 85th Leg., R.S., Ch. 685 (H.B. 29), Sec. 21, eff. September 1, 2017.

Acts 2021, 87th Leg., R.S., Ch. 807 (H.B. 1540), Sec. 38, eff. September 1, 2021.

Acts 2021, 87th Leg., R.S., Ch. 945 (S.B. 1056), Sec. 5, eff. September 1, 2021.

Notes of Decisions
Cited in 225 cases (31 in the last 5 years), 1974–2026 · leading case: Hidalgo v. State, 983 S.W.2d 746 (Tex. Crim. App. 1999).
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Hidalgo v. State, 983 S.W.2d 746 (Tex. Crim. App. 1999). · cites it 2× “TEX. FAM. CODE § 51.03. [3] The transfer of a juvenile to criminal court is sometimes referred to as certification to criminal court or waiver of juvenile court jurisdiction.”
In Re Jmr, 149 S.W.3d 289 (Tex. App.—Austin 2004). · cites it 3× “See Tex. Fam.Code Ann. § 51.03. Therefore, it is necessary for us to determine whether the two statutes are in pari materia.”
Cameron Moon v. State, 410 S.W.3d 366 (Tex. App.—Houston [1st Dist.] 2013). “Tex. Fam.Code Ann. § 51.03(3) (West Supp.”
In re A.M., 577 S.W.3d 653 (Tex. App.—Houston [1st Dist.] 2019). “" See TEX. FAM. CODE § 51.03(a)(1). Murder, when committed by a minor, constitutes delinquent conduct.”
In re I.F.M., 525 S.W.3d 884 (Tex. App.—Houston [14th Dist.] 2017). “See Tex. Fam. Code § 51.03(a)(1), 54.03; see also Tex.”
In re C.M.T., 861 A.2d 348 (Pa. Super. Ct. 2004). “at 224 (quoting Tex. Fam.Code § 51.03(b)). The Court of Appeals determined that where appellant presented some evidence that the absences were due to illness, the lack of a written excuse was insufficient to satisfy the state’s burden of proving *354 beyond a reasonable doubt…”
In re J.M.R., 149 S.W.3d 289 (Tex. App.—Austin 2004). · cites it 3× “Tex. Fam.Code Ann. § 51.04(a) (West 2002).”
In Re a. I., 82 S.W.3d 377 (Tex. App.—Austin 2002). · cites it 3× “Laws 3142 , 3150-54 (amending Tex. Fam.Code §§ 51.03, 54.03, .04, .05); Act of May 27, 2001, 77th Leg.”
Adams v. State, 180 S.W.3d 386 (Tex. App.—Corpus Christi 2005). “We conclude that the officer had probable cause to believe that Adams violated curfew and engaged in conduct indicating a need for supervision as an admitted runaway with an out-of-state destination, having been in runaway detention earlier the same day, while accompanied by two…”
In re B. M., 1 S.W.3d 204 (Tex. App.—Tyler 1999). · cites it 3× “Tex. Fam.Code Ann. § 51.03(a) (Vernon 1996 & Supp.”
In re J.R., 907 S.W.2d 107 (Tex. App.—Austin 1995). · cites it 2× “Tex.Fam.Code Ann. § 51.03(a) (West Supp.1995); see Tex.”
In re D.L., 541 S.W.3d 917 (Tex. App.—Houston [14th Dist.] 2018). “argues that there is legally insufficient evidence of one of the elements of the alleged offense-namely, whether he had notice that entry into the truck was forbidden. A.”
Show all 225 citing cases →
Tex. Fam. Code § 51.03(3): 1 case
Cameron Moon v. State, 410 S.W.3d 366 (Tex. App.—Houston [1st Dist.] 2013). “Tex. Fam.Code Ann. § 51.03(3) (West Supp.”
Tex. Fam. Code § 51.03(a): 26 cases
In Re Jmr, 149 S.W.3d 289 (Tex. App.—Austin 2004). “See Tex. Fam.Code Ann. § 51.03. Therefore, it is necessary for us to determine whether the two statutes are in pari materia.”
In re J.M.R., 149 S.W.3d 289 (Tex. App.—Austin 2004). “Tex. Fam.Code Ann. § 51.04(a) (West 2002).”
In re J.R., 907 S.W.2d 107 (Tex. App.—Austin 1995). “Tex.Fam.Code Ann. § 51.03(a) (West Supp.1995); see Tex.”
In Re a. I., 82 S.W.3d 377 (Tex. App.—Austin 2002). “Laws 3142 , 3150-54 (amending Tex. Fam.Code §§ 51.03, 54.03, .04, .05); Act of May 27, 2001, 77th Leg.”
In re J.M., 287 S.W.3d 481 (Tex. App.—Texarkana 2009).
Tex. Fam. Code § 51.03(a)(1): 49 cases
In re A.M., 577 S.W.3d 653 (Tex. App.—Houston [1st Dist.] 2019). “" See TEX. FAM. CODE § 51.03(a)(1). Murder, when committed by a minor, constitutes delinquent conduct.”
In re I.F.M., 525 S.W.3d 884 (Tex. App.—Houston [14th Dist.] 2017). “See Tex. Fam. Code § 51.03(a)(1), 54.03; see also Tex.”
In re D.L., 541 S.W.3d 917 (Tex. App.—Houston [14th Dist.] 2018). “argues that there is legally insufficient evidence of one of the elements of the alleged offense-namely, whether he had notice that entry into the truck was forbidden. A.”
In re B. M., 1 S.W.3d 204 (Tex. App.—Tyler 1999). “Tex. Fam.Code Ann. § 51.03(a) (Vernon 1996 & Supp.”
O.C., Matter Of, 945 S.W.2d 241 (Tex. App.—San Antonio 1997).
Tex. Fam. Code § 51.03(a)(2): 3 cases
J.K.A. v. State, 855 S.W.2d 58 (Tex. App.—Houston [14th Dist.] 1993).
Matter of JL, 664 S.W.2d 119 (Tex. App.—Corpus Christi 1983).
JKA v. State, 855 S.W.2d 58 (Tex. App.—Houston [14th Dist.] 1993).
Tex. Fam. Code § 51.03(a)(2)(C): 1 case
Untitled Texas Attorney Gen. Opinion, No. KP-0064 (Tex. Att'y Gen. July 2, 2016).
Tex. Fam. Code § 51.03(a)(3): 1 case
in the Matter of J. A. F., No. 03-18-00295-CV (Tex. App.—Austin Feb. 12, 2020).
Tex. Fam. Code § 51.03(a)(l): 2 cases
In the MATTER OF M.L.M., a Juv., 459 S.W.3d 120 (Tex. App.—El Paso 2015).
Untitled Texas Attorney Gen. Opinion, No. KP-0150 (Tex. Att'y Gen. July 2, 2017).
Tex. Fam. Code § 51.03(b): 1 case
In re C.M.T., 861 A.2d 348 (Pa. Super. Ct. 2004). “at 224 (quoting Tex. Fam.Code § 51.03(b)). The Court of Appeals determined that where appellant presented some evidence that the absences were due to illness, the lack of a written excuse was insufficient to satisfy the state’s burden of proving *354 beyond a reasonable doubt…”
Tex. Fam. Code § 51.03(b)(2): 7 cases
In re J.L.S., 47 S.W.3d 128 (Tex. App.—Waco 2001).
In re A. L. H., 517 S.W.2d 652 (Tex. App. 1974).
In Re Jls, 47 S.W.3d 128 (Tex. App.—Waco 2001).
in the Matter of J.G., a Juv., No. 10-14-00298-CV (Tex. App.—Waco Oct. 22, 2015).
John Doe v. Bd. of Directors of the State Bar of Texas Comm'n for Lawyer Discipline & Linda Acevedo, in Her Off. Capacity as the Chief Disciplinary Couns. of the State Bar of Texas, No. 03-15-00007-CV (Tex. App.—Austin Sept. 24, 2015).
Tex. Fam. Code § 51.03(b)(3): 2 cases
Adams v. State, 180 S.W.3d 386 (Tex. App.—Corpus Christi 2005). “We conclude that the officer had probable cause to believe that Adams violated curfew and engaged in conduct indicating a need for supervision as an admitted runaway with an out-of-state destination, having been in runaway detention earlier the same day, while accompanied by two…”
in the Matter of J.C., No. 14-15-00696-CV (Tex. App.—Houston [14th Dist.] Dec. 28, 2015).
Tex. Fam. Code § 51.03(e): 1 case
In re M.E., 982 S.W.2d 528 (Tex. App.—San Antonio 1998).
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