Untitled Texas Attorney General Opinion ( 1953 )

narbh .19, 1953
Hon. Frank D. I&&m Opinion No. S-20
County Attorney
Dallam County Re: Appllcablllty of: the com-
Dalhart, Texas pulsory school attendanoe
law to a 16-year-old mm-
Dear Sir: rled female.
You have asked us, In substance, the follo~lng
question:,
Hay school’authorltlea compel the at-
tendance of’ a girl who attains the age of
sixteen yeara after the school year starts,
who subsequently marries during the school
year and dlacontlnueb attendance In .school?
Article 4625, Vernon’s Clkl Statutes, pro-
vldee :
“Every female under the age of twenty-
one years who Shall marry ln accordance with
the laws of this State, shall, .?rom and after
the time of Such marriage, be deemed to be
of full age’and shall have all the rlghta,add
privileges to’whlch she would have beetiien-
titled had she been at the time of her utar-
rlage of full age.”
Since it was enacted In 1848 the courts have
coneletently construed this Article to release a married
female minor from’ the dlsablllt.lea of a minor. Tho 8
+&3j&,;“s’=&5~ p%``? v*, -;s g$y
215 S.W.2d 896 (Tex.Clv.App. 1948, error ref.). ’
In Article 2892 et seq., Vernon’s Clvll Stat-
utee, relating to compulsory education, the word “child”
Is used throughout with relation to the subject and pu+
pose of the title:
Hon. Rank D. Ibbconn,
page 2 (S-20)
"Everychild In the State . . . not
more than sixteen years of age shall be re-
quired to attend the public schools . . .”
The Articles of the Penal Code applicable to
compuleory.education, Articles 297, 298, 299, Vernon’s
Penal Code, likewise use the word “child”’ throughout in
designating the persons subject to such articles. Under
the Penal Code provisions the “parent or person standing
In parental relation to a child within the compulsory
school attendance ages” is the only person subjected to
penalties for violations thereof. The marriage of a
female releases her from the control of her parents or of
her guardian, and vests the control of her &son in her
Burr vL ---``-,
husband. ````~ Wilson 18 Tex. 368 (18573. The hus-
band Is not such a persm on standing in parental relation
as to be subjected to the penalty of the statute.
The delinquent children provisions, SUbSeCtIon
(e) of Section 3 of Article 2338-1, Vernon’s Civil Stat-
utes, read ae hollows:
The term ‘delinquent child’
means’ariy’female person over the age of ten
10 years and under the age of elghteen
f 181 years . . .
“(e) or who habitually violates a com-
pulao$y school attendance law of this State;
. . .
Ai stated above, Article 4625;Vernon’s Civil
Statutes, emancipates a minor girl who marries in ac-
cordance with the State laws,Iand She Is deemed of full
age. Being deemed of full age she Is no longer subject
to the compuleory attendance law and It follows that
she has not violated such laws by non-attendance so that
she might be declar?d a delinquent child.
SUMMARY
A girl attending school who attains the
age of sixteen years and subsequently marries
ln accordance with the State laws Is not
Bon. ?rank D.,JbCown, pa&e 3 (S-20)
eubjiot to the oompulrory attendance law.
Your6 very truly,
APPROVED: JOHliBENSHl3PPPRD
Attorney General
J. C. Devle, Jr.
County'Affalru Division
WI1118 E. Qresham BY
Reviewer
Assistant
Robert S. Trotti
First Assietant
John Ben Shepperd
Attorney General
BEL:am