By Cuellar H.B. No. 278
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to searches of certain students and children.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Article 42.18, Code of Criminal Procedure, is
1-5 amended by adding Section 30 to read as follows:
1-6 Sec. 30. FIREARM PROHIBITION AS CONDITION OF PAROLE.
1-7 (a) The parole panel shall prohibit as a condition of release on
1-8 parole a person transferred to the custody of the pardons and
1-9 paroles division for release on parole under Section 61.084(f) or
1-10 (g), Human Resources Code, from possessing, carrying, using, or
1-11 exhibiting a firearm if the person is transferred for conduct that
1-12 violates a penal law that includes as an element of the offense the
1-13 possession, carrying, using, or exhibiting of a firearm.
1-14 (b) A parole officer who is required, in the scope of the
1-15 officer's employment and duties, to be in close proximity to a
1-16 person subject to Subsection (a), may search the person, or
1-17 property in immediate possession of the person, to determine if the
1-18 person is possessing, carrying, using, or exhibiting a firearm.
1-19 (c) A parole officer is not required to have reasonable
1-20 suspicion that the person is possessing, carrying, using, or
1-21 exhibiting a firearm to conduct a search under Subsection (b).
1-22 SECTION 2. Subchapter C, Chapter 37, Education Code, is
1-23 amended by adding Section 37.084 to read as follows:
1-24 Sec. 37.084. SEARCHES OF CERTAIN STUDENTS. (a) A teacher,
2-1 a school official, or a peace officer acting on the request of a
2-2 school official, may search a student's person while the student is
2-3 on school property or attending a school-sponsored or
2-4 school-related activity on or off school property if:
2-5 (1) reasonable suspicion exists to suspect that the
2-6 search will produce evidence that the student has engaged in
2-7 conduct that violates:
2-8 (A) a penal law of this state or of the United
2-9 States; or
2-10 (B) a rule adopted by the board of trustees of
2-11 the school district; and
2-12 (2) the scope of the search is reasonable.
2-13 (b) The scope of a search conducted under Subsection (a) is
2-14 reasonable if the method used to search the student:
2-15 (1) is reasonably related to the objective of the
2-16 search; and
2-17 (2) is not excessively intrusive when considering the
2-18 age and gender of the student and the suspected conduct under
2-19 Subsection (a)(1).
2-20 (c) This section does not limit the authority of school
2-21 personnel to conduct a search of a student as permitted by federal
2-22 law.
2-23 SECTION 3. Chapter 54, Family Code, is amended by adding
2-24 Section 54.046 to read as follows:
2-25 Sec. 54.046. FIREARMS PROHIBITION AS CONDITION OF PROBATION.
2-26 (a) If the court places a child on probation under Section
2-27 54.04(d) for conduct that violates a penal law that includes as an
3-1 element the possession, carrying, using, or exhibiting of a
3-2 firearm, the court may, as a condition of probation, prohibit the
3-3 child from possessing, carrying, using, or exhibiting a firearm.
3-4 (b) A juvenile probation officer who is required, in the
3-5 scope of the officer's employment and duties, to be in close
3-6 proximity to a child subject to Subsection (a), may search the
3-7 child, or property in immediate possession of the child, to
3-8 determine if the child is possessing, carrying, using, or
3-9 exhibiting a firearm.
3-10 (c) A juvenile probation officer is not required to have
3-11 reasonable suspicion that the child is possessing, carrying, using,
3-12 or exhibiting a firearm to conduct a search under Subsection (b).
3-13 SECTION 4. Subchapter F, Chapter 61, Human Resources Code,
3-14 is amended by adding Section 61.085 to read as follows:
3-15 Sec. 61.085. FIREARMS PROHIBITION AS CONDITION OF RELEASE.
3-16 (a) If the commission releases a child under supervision under
3-17 Section 61.081(a) who was committed to the commission for conduct
3-18 that violates a penal law that includes as an element the
3-19 possession, carrying, using, or exhibiting of a firearm, the
3-20 commission shall, as a condition of release, prohibit the child
3-21 from possessing, carrying, using, or exhibiting a firearm.
3-22 (b) A parole officer or a juvenile probation officer who is
3-23 required, in the scope of the officer's employment and duties, to
3-24 be in close proximity to a child subject to Subsection (a), may
3-25 search the child, or property in immediate possession of the child,
3-26 to determine if the child is possessing, carrying, using, or
3-27 exhibiting a firearm.
4-1 (c) A parole officer or a juvenile probation officer is not
4-2 required to have reasonable suspicion that the child is possessing,
4-3 carrying, using, or exhibiting a firearm to conduct a search under
4-4 Subsection (b).
4-5 SECTION 5. (a) Except as provided by Subsection (b) of this
4-6 section, this Act takes effect immediately. The change in law made
4-7 by this Act applies only to a child placed on probation under
4-8 Section 54.04(d)(1), Family Code, transferred to the pardons and
4-9 paroles division of the Texas Department of Criminal Justice under
4-10 Section 61.084(f) or (g), Human Resources Code, or released under
4-11 supervision under Section 61.081(a), Human Resources Code, on or
4-12 after the effective date of this Act.
4-13 (b) Section 2 of this Act applies beginning with the
4-14 1997-1998 school year.
4-15 SECTION 6. The importance of this legislation and the
4-16 crowded condition of the calendars in both houses create an
4-17 emergency and an imperative public necessity that the
4-18 constitutional rule requiring bills to be read on three several
4-19 days in each house be suspended, and this rule is hereby suspended,
4-20 and that this Act take effect and be in force according to its
4-21 terms, and it is so enacted.