By Lewis of Orange                                     H.B. No. 802
       74R3868 JBN-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the conduct indicating a need for supervision by a
    1-3  child in violation of school rules.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 51.03(b), Family Code, is amended to read
    1-6  as follows:
    1-7        (b)  Conduct indicating a need for supervision is:
    1-8              (1)  subject to Subsection (f) of this section,
    1-9  conduct, other than a traffic offense, that violates:
   1-10                    (A)  the penal laws of this state of the grade of
   1-11  misdemeanor that are punishable by fine only; or
   1-12                    (B)  the penal ordinances of any political
   1-13  subdivision of this state;
   1-14              (2)  the unexcused voluntary absence of a child on 10
   1-15  or more days or parts of days within a six-month period or three or
   1-16  more days or parts of days within a four-week period from school
   1-17  without the consent of his parents;
   1-18              (3)  the voluntary absence of a child from his home
   1-19  without the consent of his parent or guardian for a substantial
   1-20  length of time or without intent to return;
   1-21              (4)  conduct which violates the laws of this state
   1-22  prohibiting driving while intoxicated or under the influence of
   1-23  intoxicating liquor (first or second offense) or driving while
   1-24  under the influence of any narcotic drug or of any other drug to a
    2-1  degree which renders him incapable of safely driving a vehicle
    2-2  (first or second offense); <or>
    2-3              (5)  conduct prohibited by city ordinance or by state
    2-4  law involving the inhalation of the fumes or vapors of paint and
    2-5  other protective coatings or glue and other adhesives and the
    2-6  volatile chemicals itemized in Section 484.002, Health and Safety
    2-7  Code; or
    2-8              (6)  conduct that:
    2-9                    (A)  is engaged in by a student enrolled in
   2-10  public school;
   2-11                    (B)  violates a rule, including a provision of a
   2-12  student behavior agreement, that:
   2-13                          (i)  is adopted by the governing body of a
   2-14  school district in which the school is located;
   2-15                          (ii)  applies to the child; and
   2-16                          (iii)  is communicated in writing to the
   2-17  child before the conduct; and
   2-18                    (C)  occurs persistently and constitutes serious
   2-19  misbehavior that is disruptive to the school setting, is a danger
   2-20  to a teacher or another student, or impairs the ability of a school
   2-21  administrator to maintain reasonable control or discipline over
   2-22  other students.
   2-23        SECTION 2.  This Act takes effect September 1, 1995, and
   2-24  applies only to conduct described by Section 51.03(b)(6), Family
   2-25  Code, as added by this Act, engaged in on or after that date, but
   2-26  without regard to whether the rule violated is adopted and
   2-27  communicated to the student before the effective date of this Act.
    3-1        SECTION 3.  The importance of this legislation and the
    3-2  crowded condition of the calendars in both houses create an
    3-3  emergency and an imperative public necessity that the
    3-4  constitutional rule requiring bills to be read on three several
    3-5  days in each house be suspended, and this rule is hereby suspended.