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.