H.B. No. 1687
1-1 AN ACT
1-2 relating to the notification of school personnel of the arrest or
1-3 detention of a student.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Article 15.27(a), Code of Criminal Procedure, is
1-6 amended to read as follows:
1-7 (a) A law enforcement agency that arrests or takes into
1-8 custody as provided by Chapter 52, Family Code, an individual who
1-9 the agency knows or believes is enrolled as a student in a public
1-10 primary or secondary school, for an offense listed in Subsection
1-11 (h) of this article, shall orally notify the superintendent or a
1-12 person designated by the superintendent in the school district in
1-13 which the student is enrolled or believed to be enrolled of that
1-14 arrest or detention within 24 hours after the arrest or detention,
1-15 or on the next school day. The superintendent shall promptly
1-16 notify all instructional and support personnel who have regular
1-17 contact with the student. All personnel shall keep the information
1-18 received in this subsection confidential. The State Board for
1-19 Educator Certification may revoke or suspend the certification of
1-20 personnel who intentionally violate this subsection. Within seven
1-21 days after the date the oral notice is given, the law enforcement
1-22 agency shall mail written notification, marked "PERSONAL and
1-23 CONFIDENTIAL" on the mailing envelope, to the superintendent or the
1-24 person designated by the superintendent. The written notification
2-1 must have the following printed on its face in large, bold letters:
2-2 "WARNING: The information contained in this notice is intended
2-3 only to inform appropriate school personnel of an arrest or
2-4 detention of a student believed to be enrolled in this school. An
2-5 arrest or detention should not be construed as proof that the
2-6 student is guilty. Guilt is determined in a court of law. THE
2-7 INFORMATION CONTAINED IN THIS NOTICE IS CONFIDENTIAL!"
2-8 SECTION 2. The change in law made by this Act applies
2-9 beginning with the 1995-1996 school year.
2-10 SECTION 3. The importance of this legislation and the
2-11 crowded condition of the calendars in both houses create an
2-12 emergency and an imperative public necessity that the
2-13 constitutional rule requiring bills to be read on three several
2-14 days in each house be suspended, and this rule is hereby suspended,
2-15 and that this Act take effect and be in force from and after its
2-16 passage, and it is so enacted.