Texas Attorney General Opinion: S-20 Page: 2 of 3
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Bon. Prank D. IoCoun, page 2 (8-20)
"Bvery child in the State . . not
more than sixteen years of age shall be re-
quired to attend the public schools . ."
The Articles of the Penal Code applicable to
compulsory education, Articles 297, 298, 299, Vernon's
Penal Code, likewise use the word "child" throughout in
designating the persons subject to such articles. Under
the Penal Code provisions the "parent or person standing
in parental relation to a child within the compulsory
school attendance ages" is the only person subjected to
penalties for violations thereof. The marriage of a
female releases her from the control of her parents or of
her guardian, and vests the control of her person in her
husband. Burr v. Wilson, 18 Tex. 368 (1857). The hus-
band is not such a person standing in parental relation
as to be subjected to the penalty of the statute.
The delinquent children provisions, Subsection
(e) of Section 3 of Article 2338-1, Vernon's Civil Stat-
utes, read as follows:
". . . The term 'delinquent child'
means any female person over the age of ten
(10) years and under the age of eighteen
18) years . . .
"(e) or who habitually violates a com-
pultory school attendance law of this State;
As stated above, Article 4625, vernon's Civil
Statutes, emancipates a minor girl who marries in ac-
cordance with the State laws,;and she is deemed of full
age. Being deemed of full age she is no longer subject
to the compulsory attendance law and it follows that
she has not violated such laws by non-attendance so that
she might be declared a delinquent child.
SUMMARY
A girl attending school who attains the
age of sixteen years and subsequently marries
in accordance with the State laws is not
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Texas. Attorney-General's Office. Texas Attorney General Opinion: S-20, text, March 19, 1953; (https://texashistory.unt.edu/ark:/67531/metapth266405/m1/2/: accessed July 13, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.