By Hawley                                        H.B. No. 824

      75R4462 ESH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the expulsion of public school students for certain

 1-3     drug offenses.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 37.006(a) and (b), Education Code, are

 1-6     amended to read as follows:

 1-7           (a)  Except as provided by Section 37.007(a)(3) or (b), a

 1-8     student shall be removed from class and placed in an alternative

 1-9     education program as provided by Section 37.008 if the student

1-10     engages in conduct punishable as a felony, or commits the following

1-11     on school property or while attending a school-sponsored or

1-12     school-related activity on or off of school property:

1-13                 (1)  engages in conduct that contains the elements of

1-14     the offense of assault under Section 22.01(a)(1), Penal Code, or

1-15     terroristic threat under Section 22.07, Penal Code;

1-16                 (2)  sells, gives, or delivers to another person or

1-17     possesses or uses or is under the influence of:

1-18                       (A)  marihuana or a controlled substance, as

1-19     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

1-20     Section 801 et seq.; or

1-21                       (B)  a dangerous drug, as defined by Chapter 483,

1-22     Health and Safety Code;

1-23                 (3)  sells, gives, or delivers to another person an

1-24     alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage

 2-1     Code, commits a serious act or offense while under the influence of

 2-2     alcohol, or possesses, uses, or is under the influence of an

 2-3     alcoholic beverage;

 2-4                 (4)  engages in conduct that contains the elements of

 2-5     an offense relating to abusable glue or aerosol paint under

 2-6     Sections 485.031 through 485.035, Health and Safety Code, or

 2-7     relating to volatile chemicals under Chapter 484, Health and Safety

 2-8     Code; or

 2-9                 (5)  engages in conduct that contains the elements of

2-10     the offense of public lewdness under Section 21.07, Penal Code, or

2-11     indecent exposure under Section 21.08, Penal Code.

2-12           (b)  Except as provided by Section 37.007(d) [37.007(c)], a

2-13     student shall be removed from class and placed in an alternative

2-14     education program under Section 37.008 if the student engages in

2-15     conduct that contains the elements of the offense of retaliation

2-16     under Section 36.06, Penal Code, against any school employee.

2-17           SECTION 2.  Section 37.007, Education Code, is amended to

2-18     read as follows:

2-19           Sec. 37.007.  EXPULSION FOR SERIOUS OFFENSES.  (a)  A student

2-20     shall be expelled from a school if the student, on school property

2-21     or while attending a school-sponsored or school-related activity on

2-22     or off of school property:

2-23                 (1)  uses, exhibits, or possesses:

2-24                       (A)  a firearm as defined by Section 46.01(3),

2-25     Penal Code;

2-26                       (B)  an illegal knife as defined by Section

2-27     46.01(6), Penal Code, or by local policy;

 3-1                       (C)  a club as defined by Section 46.01(1), Penal

 3-2     Code; or

 3-3                       (D)  a weapon listed as a prohibited weapon under

 3-4     Section 46.05, Penal Code;

 3-5                 (2)  engages in conduct that contains the elements of

 3-6     the offense of:

 3-7                       (A)  aggravated assault under Section 22.02,

 3-8     Penal Code, sexual assault under Section 22.011, Penal Code, or

 3-9     aggravated sexual assault under Section 22.021, Penal Code;

3-10                       (B)  arson under Section 28.02, Penal Code;

3-11                       (C)  murder under Section 19.02, Penal Code,

3-12     capital murder under Section 19.03, Penal Code, or criminal

3-13     attempt, under Section 15.01, Penal Code, to commit murder or

3-14     capital murder;

3-15                       (D)  indecency with a child under Section 21.11,

3-16     Penal Code; or

3-17                       (E)  aggravated kidnapping under Section 20.04,

3-18     Penal Code; or

3-19                 (3)  engages in conduct specified by Section

3-20     37.006(a)(2) or (3), if the conduct is punishable as a felony.

3-21           (b)  A student may be expelled if the student, while on

3-22     school property or while attending a school-sponsored or

3-23     school-related activity on or off of school property, engages in

3-24     conduct specified by Section 37.006(a)(2), if the conduct is

3-25     punishable as a misdemeanor.

3-26           (c)  A student may be expelled if the student, after being

3-27     placed in an alternative education program for disciplinary

 4-1     reasons, continues to engage in serious or persistent misbehavior

 4-2     that violates the district's student code of conduct.

 4-3           (d) [(c)]  A student shall be expelled if the student engages

 4-4     in conduct that contains the elements of any offense listed in

 4-5     Subsection (a) against any employee in retaliation for or as a

 4-6     result of the employee's employment with a school district.

 4-7           (e) [(d)]  In accordance with federal law, a local

 4-8     educational agency, including a school district, home-rule school

 4-9     district, or open-enrollment charter school, shall expel a student

4-10     who brings a firearm, as defined by 18 U.S.C.  Section 921, to

4-11     school.  The student must be expelled from the student's regular

4-12     campus for a period of at least one year, except that:

4-13                 (1)  the superintendent or other chief administrative

4-14     officer of the school district or of the other local educational

4-15     agency, as defined by 20 U.S.C. Section 2891, may modify the length

4-16     of the expulsion in the case of an individual student; and

4-17                 (2)  the district or other local educational agency may

4-18     provide educational services to the expelled student in an

4-19     alternative education program as provided by Section 37.008.

4-20           (f) [(e)]  Each school district shall report to the agency

4-21     the number of students expelled under Subsection (e) [(d)] each

4-22     year, the names of the schools from which the students are

4-23     expelled, and the types of weapons involved.

4-24           (g) [(f)]  A student who engages in conduct that contains the

4-25     elements of the offense of criminal mischief under Section 28.03,

4-26     Penal Code, may be expelled at the district's discretion if the

4-27     conduct is punishable as a felony under that section.  The student

 5-1     shall be referred to the authorized officer of the juvenile court

 5-2     regardless of whether the student is expelled.

 5-3           (h) [(g)]  A school district shall inform each teacher of the

 5-4     conduct of a student who has engaged in any violation listed in

 5-5     this section.  A teacher shall keep the information received in

 5-6     this subsection confidential.  The State Board for Educator

 5-7     Certification may revoke or suspend the certification of a teacher

 5-8     who intentionally violates this subsection.

 5-9           SECTION 3.  Section 37.010(b), Education Code, is amended to

5-10     read as follows:

5-11           (b)  If a student is expelled under Section 37.007(c)

5-12     [37.007(b)], the board or its designee shall refer the student to

5-13     the authorized officer of the juvenile court for appropriate

5-14     proceedings under Title 3, Family Code.

5-15           SECTION 4.  This Act takes effect beginning with the

5-16     1997-1998 school year.

5-17           SECTION 5.  The importance of this legislation and the

5-18     crowded condition of the calendars in both houses create an

5-19     emergency and an imperative public necessity that the

5-20     constitutional rule requiring bills to be read on three several

5-21     days in each house be suspended, and this rule is hereby suspended,

5-22     and that this Act take effect and be in force from and after its

5-23     passage, and it is so enacted.