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.