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.