By:  De la Garza                                       H.B. No. 874
       73R4095 CAS-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to student discipline and certain offenses against school
    1-3  employees; providing penalties.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 21.3011, Education Code, is amended to
    1-6  read as follows:
    1-7        Sec. 21.3011.  Expulsion of Students.  (a)  In this
    1-8  section:<,>
    1-9              (1)  "expulsion" means suspension of a student from
   1-10  school for more than six school days within a semester and<.  The
   1-11  term> does not include removal of a student to an alternative
   1-12  education program; and
   1-13              (2)  "assaultive offense" is any act considered an
   1-14  offense under Chapter 22, Penal Code.
   1-15        (b)  A student may be removed from class and expelled without
   1-16  resort to an alternative education program under Section 21.301 of
   1-17  this code if the student, on school property or while attending a
   1-18  school-sponsored or school-related activity on or off of school
   1-19  property:
   1-20              (1)  commits an assaultive offense against <assaults> a
   1-21  teacher or other individual;
   1-22              (2)  sells, gives, or delivers to another person or
   1-23  possesses or uses or is under the influence of:
   1-24                    (A)  marihuana or a controlled substance, as
    2-1  defined by Chapter 481, Health and Safety Code or by 21 U.S.C.
    2-2  Section 801 et seq.; or
    2-3                    (B)  a dangerous drug, as defined by Chapter 483,
    2-4  Health and Safety Code;
    2-5              (3)  sells, gives, or delivers to another person an
    2-6  alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
    2-7  Code, or commits a serious act or offense while under the influence
    2-8  of alcohol; or on more than one occasion possesses, uses, or is
    2-9  under the influence of an alcoholic beverage;
   2-10              (4)  possesses a firearm as defined by Section
   2-11  46.01(3), Penal Code, an illegal knife as defined by Section
   2-12  46.01(6), Penal Code, a club as defined by Section 46.01(1), Penal
   2-13  Code, or a weapon listed as a prohibited weapon under Section
   2-14  46.06, Penal Code;
   2-15              (5)  engages in conduct that contains the elements of
   2-16  an offense relating to abusable glue or aerosol paint under
   2-17  Sections 485.031 through 485.035, Health and Safety Code, or
   2-18  relating to volatile chemicals under Chapter 484, Health and Safety
   2-19  Code;
   2-20              (6)  engages in conduct that contains the elements of
   2-21  the offense of arson under Section 28.02, Penal Code; or
   2-22              (7)  engages in conduct that contains the elements of
   2-23  the offense of criminal mischief under Section 28.03, Penal Code,
   2-24  if the offense is punishable as a felony under that section.
   2-25        (c)  A student may be removed from class and expelled without
   2-26  resort to an alternative education program under Section 21.301 of
   2-27  this code if the student commits an assaultive offense against a
    3-1  teacher or other school employee:
    3-2              (1)  while the teacher or other employee is performing
    3-3  job-related duties; or
    3-4              (2)  in retaliation for or on account of the
    3-5  performance of job-related duties by the teacher or other employee.
    3-6        (d) <(c)>  A student who, after having been placed in an
    3-7  alternative education program under Section 21.301 of this code,
    3-8  continues to engage in serious or persistent misbehavior that
    3-9  violates the district's previously communicated written standards
   3-10  of student conduct may be removed from class and expelled.
   3-11        (e) <(d)>  The board or its designee shall set a term for the
   3-12  expulsion.
   3-13              (1)  The expulsion may not extend beyond the end of the
   3-14  school year unless the conduct directly leading to the expulsion
   3-15  occurred during the final six-week reporting period of the school
   3-16  year, in which case the expulsion may extend beyond the end of the
   3-17  current school year but not beyond the end of the first semester of
   3-18  the next school year.
   3-19              (2)  A pupil who is to be expelled for the first time
   3-20  for possession, use, or for being under the influence of an
   3-21  alcoholic beverage as defined in this section may not be expelled
   3-22  beyond the end of the semester, unless the conduct directly leading
   3-23  to the expulsion occurred during the final six-week reporting
   3-24  period of a semester, which may result in expulsion not to extend
   3-25  beyond the end of the next regular semester.
   3-26        (f) <(e)>  Before the expulsion, the board or its designee
   3-27  must provide the student a hearing at which the student is afforded
    4-1  appropriate due process as required by the federal constitution.
    4-2  If the decision to expel a student is made by the board's designee,
    4-3  the decision may be appealed to the board.  The decision of the
    4-4  board may be appealed by trial de novo to a state district court of
    4-5  the county in which the school district's central administrative
    4-6  office is located.
    4-7        (g) <(f)>  A teacher may remove from class and recommend for
    4-8  expulsion or may recommend for suspension or removal to an
    4-9  alternative education program a student who engages in conduct for
   4-10  which a student may be expelled under Subsection (b), <or> (c), or
   4-11  (d) of this section.  If a teacher recommends a student for
   4-12  expulsion, suspension, or removal to an alternative education
   4-13  program under this section, the board or its designee shall conduct
   4-14  a hearing under Subsection (f) <(e)> of this section.  If the
   4-15  teacher has recommended the student for expulsion and the board or
   4-16  its designee decides not to expel the student and the student is
   4-17  again recommended for expulsion by the teacher during the same
   4-18  school year, the hearing under Subsection (f) <(e)> of this section
   4-19  may be conducted only by the board.  If the teacher has recommended
   4-20  a student for suspension or removal to an alternative education
   4-21  program under this section and, at a later time during the same
   4-22  school year, the teacher recommends the student for expulsion, the
   4-23  teacher is entitled to decide whether the expulsion hearing is
   4-24  conducted by the board or by the board's designee.
   4-25        (h) <(g)>  The board or its designee shall deliver a copy of
   4-26  the order expelling the student to the student and the student's
   4-27  parent or guardian.  The board or its designee shall also deliver a
    5-1  copy of the order to the authorized officer of the juvenile court
    5-2  in the county in which the student resides.  The officer shall
    5-3  determine whether:
    5-4              (1)  a petition should be filed alleging that the
    5-5  student is in need of supervision or engaged in delinquent conduct;
    5-6  or
    5-7              (2)  the student should be referred to an appropriate
    5-8  state agency.
    5-9        (i) <(h)>  A school district may provide home-based
   5-10  instruction to students expelled under this section.
   5-11        (j) <(i)>  Each school district shall provide each teacher
   5-12  and administrator with a copy of Section 21.301 and this section of
   5-13  this code and with a copy of the local policies relating to the
   5-14  sections.
   5-15        (k) <(j)>  If a court orders a student who has been expelled
   5-16  to attend school as a condition of probation, the school district
   5-17  shall readmit the student, but the student is not immune from
   5-18  suspension, removal to an alternative education program, or
   5-19  expulsion during the term of the probation.
   5-20        (l) <(k)>  Each school district shall reasonably cooperate
   5-21  with governmental agencies and community organizations providing
   5-22  services within the district to students expelled under this
   5-23  section.
   5-24        (m) <(l)>  A rehabilitation district that admits handicapped
   5-25  delinquent children shall admit a child referred by a juvenile
   5-26  court located in the district if the ARD committee of the district
   5-27  has determined that the district has sufficient facilities and
    6-1  personnel available.
    6-2        (n) <(m)>  If the student enrolls in another school district
    6-3  before the expiration of the period of expulsion, the board shall
    6-4  provide to the district in which the student enrolls, at the same
    6-5  time other of the student's records are provided, a copy of the
    6-6  order.  The district in which the student enrolls may continue the
    6-7  expulsion under the terms of the order or, if the student produces
    6-8  evidence, to the satisfaction of the district, of remediation for
    6-9  the conduct for which the student was expelled and the conduct was
   6-10  not an assaultive offense, the district may allow the student to
   6-11  attend classes without completing the period of expulsion.
   6-12        SECTION 2.  Section 22.01, Penal Code, as amended by Chapters
   6-13  14 and 334, Acts of the 72nd Legislature, 1991, is amended to read
   6-14  as follows:
   6-15        Sec. 22.01.  Assault.  (a)  A person commits an offense if
   6-16  the person:
   6-17              (1)  intentionally, knowingly, or recklessly causes
   6-18  bodily injury to another, including the person's spouse; or
   6-19              (2)  intentionally or knowingly threatens another with
   6-20  imminent bodily injury, including the person's spouse; or
   6-21              (3)  intentionally or knowingly causes physical contact
   6-22  with another when the person knows or should reasonably believe
   6-23  that the other will regard the contact as offensive or provocative.
   6-24        (b)  An offense under Subsection (a)(1) of this section is a
   6-25  Class A misdemeanor unless:
   6-26              (1)  the offense is committed by the owner or an
   6-27  employee of an institution described in Section 242.002(6), Health
    7-1  and Safety Code, or a person providing medical or psychiatric
    7-2  treatment at an institution described in that section, and the
    7-3  offense is committed by causing bodily injury to a patient or
    7-4  resident of an institution described in that section, in which
    7-5  event the offense is a felony of the third degree;
    7-6              (2)  the offense is committed by the owner or employee
    7-7  of a facility, except a facility operated by the Texas Youth
    7-8  Commission or the institutional division of the Texas Department of
    7-9  Criminal Justice <Corrections>, described in Section 242.003(a)(6),
   7-10  Health and Safety Code, or a person providing medical or
   7-11  psychiatric treatment at a facility, except a facility operated by
   7-12  the Texas Youth Commission or the institutional division of the
   7-13  Texas Department of Criminal Justice <Corrections>, described in
   7-14  that section, and the offense is committed by causing bodily injury
   7-15  to a patient or resident of a facility, except a facility operated
   7-16  by the Texas Youth Commission or the institutional division of the
   7-17  Texas Department of Criminal Justice <Corrections>, described in
   7-18  that section, in which event the offense is a felony of the third
   7-19  degree; or
   7-20              (3)  the offense is committed against a family member
   7-21  and the actor has been previously convicted under this section for
   7-22  an offense against a family member two or more times, in which
   7-23  event the offense is a felony of the third degree.
   7-24        (c)  An offense under Subsection (a)(2) of this section is a
   7-25  Class C misdemeanor unless:
   7-26              (1)  the offense is committed by the owner or an
   7-27  employee of an institution described in Section 242.002(6), Health
    8-1  and Safety Code, or a person providing medical or psychiatric
    8-2  treatment at an institution described in that section, and the
    8-3  offense is committed by threatening a patient or resident of an
    8-4  institution described in that section with bodily injury, in which
    8-5  event the offense is a Class B misdemeanor; or
    8-6              (2)  the offense is committed by the owner or an
    8-7  employee of a facility, except a facility operated by the Texas
    8-8  Youth Commission or the institutional division of the Texas
    8-9  Department of Criminal Justice, described in Section 242.003(a)(6),
   8-10  Health and Safety Code, or a person providing medical or
   8-11  psychiatric treatment at a facility, except a facility operated by
   8-12  the Texas Youth Commission or the institutional division, described
   8-13  in that section, and the offense is committed by threatening a
   8-14  patient or resident of a facility, except a facility operated by
   8-15  the Texas Youth Commission or the institutional division, described
   8-16  in that section with bodily injury, in which event the offense is a
   8-17  Class B misdemeanor; or
   8-18              (3)  the offense is committed against a classroom
   8-19  teacher, counselor, principal, or other similar instructional or
   8-20  administrative employee of a public primary or secondary school
   8-21  <accredited by the Texas Education Agency>, other than the Windham
   8-22  Schools, while engaged in performing or in retaliation for or on
   8-23  account of performing his educational duties, in which event the
   8-24  offense is:
   8-25                    (A)  a Class B misdemeanor for the first offense;
   8-26                    (B)  a Class A misdemeanor if it is shown at the
   8-27  trial for the offense that the actor has been convicted under this
    9-1  subdivision one time previously; or
    9-2                    (C)  a felony of the third degree if it is shown
    9-3  at the trial for the offense that the actor has been convicted
    9-4  under this subdivision two or more times previously; or
    9-5              (4)  the offense is committed against a family member
    9-6  and the actor has  been previously convicted under this section for
    9-7  an offense against a family member:
    9-8                    (A)  one time, in which event the offense is a
    9-9  Class B misdemeanor;
   9-10                    (B)  two times, in which event the offense is a
   9-11  Class A misdemeanor; or
   9-12                    (C)  more than two times, in which event the
   9-13  offense is a felony of the third degree.
   9-14        (d)  An offense under Subsection (a)(3) of this section is a
   9-15  Class C misdemeanor unless:
   9-16              (1)  the offense is committed against a classroom
   9-17  teacher, counselor, principal, or other similar instructional or
   9-18  administrative employee of a public primary or secondary school
   9-19  <accredited by the Texas Education Agency> while engaged in
   9-20  performing or in retaliation for or on account of performing his
   9-21  educational duties, in which event the offense is:
   9-22                    (A)  a Class B misdemeanor for the first offense;
   9-23                    (B)  a Class A misdemeanor if it is shown at the
   9-24  trial for the offense that the actor has been convicted under this
   9-25  subdivision one time previously; or
   9-26                    (C)  a felony of the third degree if it is shown
   9-27  at the trial for the offense that the actor has been convicted
   10-1  under this subdivision two or more times previously; or
   10-2              (2)  the offense is committed against a family member
   10-3  and the actor has been previously convicted under this section for
   10-4  an offense against a family member:
   10-5                    (A)  one time, in which event the offense is a
   10-6  Class B misdemeanor;
   10-7                    (B)  two times, in which event the offense is a
   10-8  Class A misdemeanor; or
   10-9                    (C)  more than two times, in which event the
  10-10  offense is a felony of the third degree.
  10-11        (e)  In this section, "family" has the meaning assigned by
  10-12  Section 71.01, Family Code.
  10-13        SECTION 3.  Section 22.02(a), Penal Code, is amended to read
  10-14  as follows:
  10-15        (a)  A person commits an offense if the person commits
  10-16  assault as defined in Section 22.01 of this code and the person:
  10-17              (1)  causes serious bodily injury to another, including
  10-18  the person's spouse;
  10-19              (2)  threatens with a deadly weapon or threatens to
  10-20  cause bodily injury or causes bodily injury to a member of the
  10-21  Board of Pardons and Paroles or the Texas Board of Criminal
  10-22  Justice, an employee of the pardons and paroles division of the
  10-23  Texas Department of Criminal Justice, an employee of the Windham
  10-24  Schools, a peace officer, or a jailer, guard, or other employee of
  10-25  a municipal or county jail, the institutional division of the Texas
  10-26  Department of Criminal Justice, or a correctional facility
  10-27  authorized by Subchapter F, Chapter 351, Local Government Code or
   11-1  Chapter 495, Government Code, or a classroom teacher, counselor,
   11-2  principal, or similar instructional or administrative employee of a
   11-3  public primary or secondary school when the person knows or has
   11-4  been informed the person assaulted is a member of the Board of
   11-5  Pardons and Paroles or the Texas Board of Criminal Justice, an
   11-6  employee of the pardons and paroles division, an employee of the
   11-7  Windham Schools, a peace officer, <or> a jailer, guard, or other
   11-8  employee, or a classroom teacher, counselor, principal, or similar
   11-9  instructional or administrative employee of a public primary or
  11-10  secondary school:
  11-11                    (A)  while the member of the Board of Pardons and
  11-12  Paroles or Texas Board of Criminal Justice, employee of the pardons
  11-13  and paroles division, employee of the Windham Schools, peace
  11-14  officer, jailer, guard, or other employee, or employee of a public
  11-15  primary or secondary school is lawfully discharging an official
  11-16  duty; or
  11-17                    (B)  in retaliation for or on account of an
  11-18  exercise of official power or performance of an official duty as a
  11-19  member of the Board of Pardons and Paroles or Texas Board of
  11-20  Criminal Justice, an employee of the pardons and paroles division,
  11-21  an employee of the Windham Schools, a peace officer, or a jailer,
  11-22  guard, or other employee, or an employee of a public primary or
  11-23  secondary school; or
  11-24              (3)  causes bodily injury to a participant in a court
  11-25  proceeding when the person knows or has been informed the person
  11-26  assaulted is a participant in a court proceeding:
  11-27                    (A)  while the injured person is lawfully
   12-1  discharging an official duty; or
   12-2                    (B)  in retaliation for or on account of the
   12-3  injured person's having exercised an official power or performed an
   12-4  official duty as a participant in a court proceeding; or
   12-5              (4)  uses a deadly weapon.
   12-6        SECTION 4.  (a)  The change in law made by this Act applies
   12-7  only to an offense committed on or after the effective date of this
   12-8  Act.  For purposes of this section, an offense is committed before
   12-9  the effective date of this Act if any element of the offense occurs
  12-10  before the effective date.
  12-11        (b)  An offense committed before the effective date of this
  12-12  Act is covered by the law in effect when the offense was committed,
  12-13  and the former law is continued in effect for this purpose.
  12-14        SECTION 5.  This Act takes effect September 1, 1993.
  12-15        SECTION 6.  The importance of this legislation and the
  12-16  crowded condition of the calendars in both houses create an
  12-17  emergency and an imperative public necessity that the
  12-18  constitutional rule requiring bills to be read on three several
  12-19  days in each house be suspended, and this rule is hereby suspended.