CJ C.S.H.B. 278 75(R)BILL ANALYSIS JUVENILE JUSTICE & FAMILY ISSUES C.S.H.B. 278 By Cuellar 3-6-97 Committee Report (Substituted) BACKGROUND There is a significant need to allow schools to stop students from bringing weapons onto the school grounds. PURPOSE This bill proposes to grant school district peace officers and school security guards the ability to conduct weapons searches of students who are on probation, released under supervision, or on parole. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS Section 1: Amends Subchapter C, Chapter 37, Education Code by adding Section 37.084 which allows a school district peace officer or security guard (under Section 37.081(a)), in cooperation with a law enforcement agency, to search a student at a school event if two conditions are met: 1) the student has committed a felony and as a result is on probation, released under supervision, or on parole, and, 2) the search is only to check for weapons listed under Section 46.01(1)-(14) or Section 46.01(16), Penal Code. Section 2: Effective date: beginning with the 1997-1998 school year. Section 3: Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute adds a prohibition for the possession, carrying, use, or exhibition of firearms as a condition of probation, parole, or supervised release from the Texas Youth Commission. It also requires that a reasonable suspicion exist before the student is searched for weapons or penal violations, or violations of school district rules. The scope of the search must also be reasonable.