JLM S.B. 598 75(R)    BILL ANALYSIS


PUBLIC EDUCATION
S.B. 598
By: Wentworth (Delisi)
5-20-97
Committee Report (Unamended)



BACKGROUND 

Currently, under Chapter 37 of the Education Code, assault against a
school employee is an expellable offense or alternative education program
(AEP) offense only if it is assault under Section 22.01(a)(1) of the Penal
Code.  In addition, the assault must take place on school property or
while attending a school-sponsored or school-related activity on or off
school property.  Finally, a student may be expelled or placed in an AEP
for assaulting only an employee of a school district.  This bill will
expand the list of expellable and AEP offenses; cover assault against
school employees, volunteers, and officers anywhere they may occur; and
add school volunteers and officers to the current code.  

PURPOSE

As proposed,  S.B. 598 expands the list of expellable and alternative
education program offenses; covers assault against school employees,
volunteers, and officers anywhere they may occur; and adds school
volunteers and officers to the current code.  

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 Section 37.006, Education Code, by amending Subsections
(a) and (b) and adding Subsection (d), to require a student to be removed
from class and placed in an alternative education program if the student
harms or threatens to harm a school employee, officer, or volunteer in
retaliation for, or on account of, that person's service to the school,
whether the conduct occurs on or off school property or while attending a
school-sponsored activity.  Defines "volunteer." Makes conforming changes.

SECTION 2. Amends Section 37.007, Education Code, by amending Subsection
(b) and adding Subsection (h), to authorize a student to be expelled if
the student engages in conduct that contains the elements of the offense
of assault under Section 22.01, Penal Code, against a school employee,
officer, or volunteer for certain matters.  Defines "volunteer."  Makes
conforming and non-substantive changes.  

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

SECTION 4. Amends Section 22.01 (b) of the Penal Code to define "public
servant" as including public school employees. 

SECTION 5. Amends Section 22.01(c) of the Penal Code to add that an
offense under Subsection (a)(2) or (3) is a Class C misdemeanor, except
that the offense is a Class A misdemeanor if the offense was committed
against a public school employee while the employee was engaged in
performing duties within the scope of employment or committed in
retaliation for or on account of the employee's performance of duties
within the scope of employment. 

 SECTION 6.  Effective Date.

SECTION 7.  Emergency Clause.