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.