SRC-HRD S.B. 133 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 133
By: Bivins
Education
2-23-97
As Filed


DIGEST 

Currently, Texas law requires a school district to remove a student to the
alternative education program if the student engages in conduct punishable
as a felony.  In practice this has occasionally required school
administrators to act as criminal investigators and grand juries.  This
bill amends current law to require school administrators to remove a
student only if the student is charged with a felony.  In addition, S.B.
133 requires school administrators to act only upon notice that the
student has been arrested or taken into custody, and allows school
districts the discretion to remove students for non-violent felonies.
This bill amends current law to match the offense for which law
enforcement must notify school district officials to the offense for which
school district officials may take action to remove the student.  S.B. 133
also removes a terrorist threat from the list of mandatory student removal
offenses under current law.    

PURPOSE

As proposed, S.B. 133 amends current law to require the removal of a
student from school in the event the student is charged with an offense
punishable as a felony, commits a specified offense, or engages in certain
conduct, and the placement of the student in an alternative education
program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.006, Education Code, to require a student to
be removed from class and placed in an alternative education program as
provided by Section 37.008 if the student is charged with an offense
punishable as a felony, or commits certain drug related offenses on school
property or while attending a school-sponsored or school-related activity
on or off of school property, except as provided by Subsection (c) and
Section 37.007(a)(3).  Deletes existing text.  Authorizes the removal of a
student from class and the placement of the student in an alternative
education program under Section 37.008 provided that certain conditions
are met.  Makes conforming changes. 

SECTION 2.  Amends Article 15.27(h), Code of Criminal Procedure, to
provide that this article applies to an individual who engages in conduct
that is a felony or who engages in certain activities including the
issuance of a terroristic threat; the sale or use of controlled
substances,  alcoholic beverages, or abusable glue or aerosol paint; or
conduct that contains elements of an offense of public lewdness or
indecent exposure.  Makes conforming changes. 

SECTION 3.  Provides that this Act applies beginning with the 1997-1998
school year. 

SECTION 4.   Emergency clause.
  Effective date: upon passage.