SRC-MAX S.B. 134 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 134
By: Bivins
Education
2-23-97
As Filed


DIGEST 

Currently, a student can be expelled for felony controlled substance
offenses.   School districts are prohibited from expelling student for
misdemeanor controlled substance offenses.  S.B. 134 provides that a
student can be expelled for all controlled substance offenses that occur
on state property or at a school-sponsored or school-related event.  

PURPOSE

As proposed, S.B. 134 sets forth the activities  which authorize a student
to be expelled with regard to certain controlled substances, dangerous
substances, alcoholic beverages, or volatile chemicals.  

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 Sections 37.006(a) and (b), Education Code, to make
conforming and nonsubstantive changes. 

SECTION 2. Amends Section 37.007, Education Code, by adding Subsection
(b), to provide that a student may be expelled if the student, while on
school property or while attending a schoolsponsored or school-related
activity on or off school property sells, gives, or delivers to another
person or possesses, uses, or is under the influence of any amount of
marihuana or a controlled substance, a dangerous drug, or an alcoholic
beverage.  Provides that a student may be expelled if the student engages
in conduct that contains the elements of an offense relating to abusable
glue or aerosol paint under Section 485.031 through 485.035, Health and
Safety Code, or relating to volatile chemicals under Chapter 484, Health
and Safety Code. Makes conforming changes. 

SECTION 3. Amends Section 37.010(b), Education Code, to make a conforming
change. 

SECTION 4. Provides that this Act takes effect with the beginning of the
1997-1998 school year. 

SECTION 5. Emergency clause.
      Effective date:  upon passage.