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.