By Cuellar H.B. No. 278 75R1685 JMC-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to weapons searches of certain students. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter C, Chapter 37, Education Code, is 1-5 amended by adding Section 37.084 to read as follows: 1-6 Sec. 37.084. WEAPONS SEARCHES OF STUDENTS ON PROBATION OR 1-7 PAROLE. A school district peace officer, or other security 1-8 personnel employed under Section 37.081(a), may, in cooperation 1-9 with a law enforcement agency, search a student's person while the 1-10 student is on school property or attending a school-sponsored or 1-11 school-related activity on or off school property if: 1-12 (1) as a result of engaging in conduct punishable as a 1-13 felony, or that contains the elements of an offense under Chapter 1-14 46, Penal Code, the student is: 1-15 (A) placed on probation by a juvenile court 1-16 under Section 54.04(d)(1), Family Code; 1-17 (B) released under supervision as prescribed by 1-18 Section 61.081(a), Human Resources Code; or 1-19 (C) released on parole under Section 61.084(f) 1-20 or (g), Human Resources Code; and 1-21 (2) the purpose of the search is to determine only 1-22 whether the student is carrying on or about the student's person a 1-23 weapon or device listed under Section 46.01(1)-(14) or Section 1-24 46.01(16), Penal Code. 2-1 SECTION 2. This Act applies beginning with the 1997-1998 2-2 school year. 2-3 SECTION 3. The importance of this legislation and the 2-4 crowded condition of the calendars in both houses create an 2-5 emergency and an imperative public necessity that the 2-6 constitutional rule requiring bills to be read on three several 2-7 days in each house be suspended, and this rule is hereby suspended, 2-8 and that this Act take effect and be in force from and after its 2-9 passage, and it is so enacted.