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.