By Moreno                                              H.B. No. 948
       74R2811 KKA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the grounds for expulsion from school.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 21.3011(b), Education Code, is amended to
    1-5  read as follows:
    1-6        (b)  A student may be removed from class and expelled without
    1-7  resort to an alternative education program under Section 21.301 of
    1-8  this code if the student, on school property or while attending a
    1-9  school-sponsored or school-related activity on or off of school
   1-10  property:
   1-11              (1)  assaults a teacher or other individual;
   1-12              (2)  sells, gives, or delivers to another person or
   1-13  possesses or uses or is under the influence of:
   1-14                    (A)  marihuana or a controlled substance, as
   1-15  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
   1-16  Section 801 et seq.; or
   1-17                    (B)  a dangerous drug, as defined by Chapter 483,
   1-18  Health and Safety Code;
   1-19              (3)  sells, gives, or delivers to another person an
   1-20  alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
   1-21  Code, or commits a serious act or offense while under the influence
   1-22  of alcohol; or on more than one occasion possesses, uses, or is
   1-23  under the influence of an alcoholic beverage;
   1-24              (4)  possesses a firearm as defined by Section
    2-1  46.01(3), Penal Code, an illegal knife as defined by Section
    2-2  46.01(6), Penal Code, a knife as defined by Section  46.01(7),
    2-3  Penal Code, a club as defined by Section 46.01(1), Penal Code, or a
    2-4  weapon listed as a prohibited weapon under Section 46.05 <46.06>,
    2-5  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;
   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 1995-1996
   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,
   2-25  and that this Act take effect and be in force from and after its
   2-26  passage, and it is so enacted.