By:  Oakley                                            H.B. No. 518
       72S40419 CAE-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the reasons that a student may be expelled from public
    1-3  school.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 21.3011(b), Education Code, is amended to
    1-6  read as follows:
    1-7        (b)  A student may be removed from class and expelled without
    1-8  resort to an alternative education program under Section 21.301 of
    1-9  this code if the student, on school property or while attending a
   1-10  school-sponsored or school-related activity on or off of school
   1-11  property:
   1-12              (1)  assaults a teacher or other individual;
   1-13              (2)  sells, gives, or delivers to another person or
   1-14  possesses or uses or is under the influence of:
   1-15                    (A)  marihuana or a controlled substance, as
   1-16  defined by Chapter 481, Health and Safety Code or by 21 U.S.C.
   1-17  Section 801 et seq.; or
   1-18                    (B)  a dangerous drug, as defined by Chapter 483,
   1-19  Health and Safety Code;
   1-20              (3)  sells, gives, or delivers to another person an
   1-21  alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
   1-22  Code, or commits a serious act or offense while under the influence
   1-23  of alcohol; or on more than one occasion possesses, uses, or is
   1-24  under the influence of an alcoholic beverage;
    2-1              (4)  possesses a firearm as defined by Section
    2-2  46.01(3), Penal Code, an illegal knife as defined by Section
    2-3  46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
    2-4  Code, or a weapon listed as a prohibited weapon under Section
    2-5  46.06, Penal Code;
    2-6              (5)  engages in conduct that contains the elements of
    2-7  an offense relating to abusable glue or aerosol paint under
    2-8  Sections 485.031 through 485.035, Health and Safety Code, or
    2-9  relating to volatile chemicals under Chapter 484, Health and Safety
   2-10  Code;
   2-11              (6)  engages in conduct that contains the elements of
   2-12  the offense of arson under Section 28.02, Penal Code; <or>
   2-13              (7)  engages in conduct that contains the elements of
   2-14  the offense of criminal mischief under Section 28.03, Penal Code,
   2-15  if the offense is punishable as a felony under that section; or
   2-16              (8)  engages in conduct that contains the elements of
   2-17  the offense of public lewdness under Section 21.07, Penal Code.
   2-18        SECTION 2.  This Act applies beginning with the 1993-1994
   2-19  school year.
   2-20        SECTION 3.  The importance of this legislation and the
   2-21  crowded condition of the calendars in both houses create an
   2-22  emergency   and   an   imperative   public   necessity   that   the
   2-23  constitutional rule requiring bills to be read on three several
   2-24  days in each house be suspended, and this rule is hereby suspended.