By Bivins S.B. No. 133
75R2656 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement of a student in an alternative education
1-3 program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.006, Education Code, is amended to
1-6 read as follows:
1-7 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
1-8 provided by Subsection (c) and Section 37.007(a)(3), a student
1-9 shall be removed from class and placed in an alternative education
1-10 program as provided by Section 37.008 if the student is charged
1-11 with an offense [engages in conduct] punishable as a felony, or
1-12 commits the following on school property or while attending a
1-13 school-sponsored or school-related activity on or off of school
1-14 property:
1-15 (1) engages in conduct that contains the elements of
1-16 the offense of assault under Section 22.01(a)(1), Penal Code[, or
1-17 terroristic threat under Section 22.07, Penal Code];
1-18 (2) sells, gives, or delivers to another person or
1-19 possesses or uses or is under the influence of:
1-20 (A) marihuana or a controlled substance, as
1-21 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-22 Section 801 et seq.; or
1-23 (B) a dangerous drug, as defined by Chapter 483,
1-24 Health and Safety Code;
2-1 (3) sells, gives, or delivers to another person an
2-2 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-3 Code, commits a serious act or offense while under the influence of
2-4 alcohol, or possesses, uses, or is under the influence of an
2-5 alcoholic beverage;
2-6 (4) engages in conduct that contains the elements of
2-7 an offense relating to abusable glue or aerosol paint under
2-8 Sections 485.031 through 485.035, Health and Safety Code, or
2-9 relating to volatile chemicals under Chapter 484, Health and Safety
2-10 Code; or
2-11 (5) engages in conduct that contains the elements of
2-12 the offense of public lewdness under Section 21.07, Penal Code, or
2-13 indecent exposure under Section 21.08, Penal Code.
2-14 (b) Except as provided by Section 37.007(c), a student shall
2-15 be removed from class and placed in an alternative education
2-16 program under Section 37.008 if the student engages in conduct that
2-17 contains the elements of the offense of retaliation under Section
2-18 36.06, Penal Code, against any school employee.
2-19 (c) A student may be removed from class and placed in an
2-20 alternative education program under Section 37.008 if:
2-21 (1) the school district in which the student is
2-22 enrolled is notified under Article 15.27(a), Code of Criminal
2-23 Procedure, that the student has been arrested or taken into custody
2-24 by a law enforcement agency; and
2-25 (2) the student is charged with an offense punishable
2-26 as a felony, other than an offense under Title 5, Penal Code,
2-27 committed off of school property.
3-1 (d) The terms of a placement under this section must
3-2 prohibit the student from attending or participating in a
3-3 school-sponsored or school-related activity.
3-4 SECTION 2. Article 15.27(h), Code of Criminal Procedure, is
3-5 amended to read as follows:
3-6 (h) This article applies to an individual who engages in
3-7 conduct that is a felony offense or who:
3-8 (1) engages in conduct that contains the elements of
3-9 the offense of assault under Section 22.01(a)(1), Penal Code, or
3-10 terroristic threat under Section 22.07, Penal Code;
3-11 (2) sells, gives, or delivers to another person or
3-12 possesses or uses or is under the influence of:
3-13 (A) marihuana or a controlled substance, as
3-14 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
3-15 Section 801 et seq.; or
3-16 (B) a dangerous drug, as defined by Chapter 483,
3-17 Health and Safety Code;
3-18 (3) sells, gives, or delivers to another person an
3-19 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
3-20 Code, commits a serious act or offense while under the influence of
3-21 alcohol, or possesses, uses, or is under the influence of an
3-22 alcoholic beverage;
3-23 (4) engages in conduct that contains the elements of
3-24 an offense relating to abusable glue or aerosol paint under
3-25 Sections 485.031 through 485.035, Health and Safety Code, or
3-26 relating to volatile chemicals under Chapter 484, Health and Safety
3-27 Code; or
4-1 (5) engages in conduct that contains the elements of
4-2 the offense of public lewdness under Section 21.07, Penal Code, or
4-3 indecent exposure under Section 21.08, Penal Code [an offense
4-4 listed in Section 8(c), Article 42.18, Code of Criminal Procedure;
4-5 reckless conduct, as described by Section 22.05, Penal Code; or a
4-6 terroristic threat, as described by Section 22.07, Penal Code;]
4-7 [(2) the unlawful use, sale, or possession of a
4-8 controlled substance, drug paraphernalia, or marihuana, as defined
4-9 by Chapter 481, Health and Safety Code;]
4-10 [(3) the unlawful possession of any of the weapons or
4-11 devices listed in Sections 46.01(1)-(14) or (16), Penal Code; or a
4-12 weapon listed as a prohibited weapon under Section 46.05, Penal
4-13 Code; or]
4-14 [(4) a criminal offense under Section 71.02, Penal
4-15 Code].
4-16 SECTION 3. This Act applies beginning with the 1997-1998
4-17 school year.
4-18 SECTION 4. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended,
4-23 and that this Act take effect and be in force from and after its
4-24 passage, and it is so enacted.