By Delisi H.B. No. 121
75R1488 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion or placement in an alternative education
1-3 program of a public school student who commits an assault.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.006, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
1-8 provided by Section 37.007(a)(3) or (b)(2), a student shall be
1-9 removed from class and placed in an alternative education program
1-10 as provided by Section 37.008 if the student engages in conduct
1-11 punishable as a felony, or commits the following on school property
1-12 or while attending a school-sponsored or school-related activity on
1-13 or off of school property:
1-14 (1) engages in conduct that contains the elements of
1-15 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-16 terroristic threat under Section 22.07, Penal Code;
1-17 (2) sells, gives, or delivers to another person or
1-18 possesses or uses or is under the influence of:
1-19 (A) marihuana or a controlled substance, as
1-20 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-21 Section 801 et seq.; or
1-22 (B) a dangerous drug, as defined by Chapter 483,
1-23 Health and Safety Code;
1-24 (3) sells, gives, or delivers to another person an
2-1 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-2 Code, commits a serious act or offense while under the influence of
2-3 alcohol, or possesses, uses, or is under the influence of an
2-4 alcoholic beverage;
2-5 (4) engages in conduct that contains the elements of
2-6 an offense relating to abusable glue or aerosol paint under
2-7 Sections 485.031 through 485.035, Health and Safety Code, or
2-8 relating to volatile chemicals under Chapter 484, Health and Safety
2-9 Code; or
2-10 (5) engages in conduct that contains the elements of
2-11 the offense of public lewdness under Section 21.07, Penal Code, or
2-12 indecent exposure under Section 21.08, Penal Code.
2-13 (b) Except as provided by Section 37.007(c), a student shall
2-14 be removed from class and placed in an alternative education
2-15 program under Section 37.008 if the student engages in conduct that
2-16 contains the elements of the offense of retaliation under Section
2-17 36.06, Penal Code, against any school employee.
2-18 (c) A student may be removed from class and placed in an
2-19 alternative education program under Section 37.008 if the student
2-20 engages in conduct that contains the elements of the offense of
2-21 assault under Section 22.01(a)(2) or (3), Penal Code, on school
2-22 property or while attending a school-sponsored or school-related
2-23 activity on or off of school property.
2-24 (d) The terms of a placement under this section must
2-25 prohibit the student from attending or participating in a
2-26 school-sponsored or school-related activity.
2-27 SECTION 2. Section 37.007(b), Education Code, is amended to
3-1 read as follows:
3-2 (b) A student may be expelled if the student:
3-3 (1)[,] after being placed in an alternative education
3-4 program for disciplinary reasons, continues to engage in serious or
3-5 persistent misbehavior that violates the district's student code of
3-6 conduct; or
3-7 (2) engages in conduct that contains the elements of
3-8 assault under Section 22.01, Penal Code, on school property or
3-9 while attending a school-sponsored or school-related activity on or
3-10 off of school property.
3-11 SECTION 3. Section 37.010(b), Education Code, is amended to
3-12 read as follows:
3-13 (b) If a student is expelled under Section 37.007(b)(1), the
3-14 board or its designee shall refer the student to the authorized
3-15 officer of the juvenile court for appropriate proceedings under
3-16 Title 3, Family Code.
3-17 SECTION 4. Subchapter C, Chapter 37, Education Code, is
3-18 amended by adding Section 37.084 to read as follows:
3-19 Sec. 37.084. DEFINITION. For purposes of assaultive
3-20 offenses under the Penal Code, "public servant" includes an
3-21 employee or volunteer of a school district or an open-enrollment
3-22 charter school.
3-23 SECTION 5. This Act takes effect September 1, 1997.
3-24 SECTION 6. (a) The change in law made by the addition of
3-25 Section 37.084, Education Code, by this Act applies only to an
3-26 offense committed on or after the effective date of this Act. For
3-27 the purposes of this section, an offense is committed before the
4-1 effective date of this Act if any element of the offense occurs
4-2 before the effective date.
4-3 (b) An offense committed before the effective date of this
4-4 Act is covered by the law in effect when the offense was committed,
4-5 and the former law is continued in effect for that purpose.
4-6 SECTION 7. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended.