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 (d) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398 ), Sec. 41(3), eff.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 (e-1) Repealed by Acts 2015, 84th Leg., R.S., Ch. 935 (H.B. 2398 ), Sec. 41(3), eff.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