By:  Bivins                                            S.B. No. 137

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the removal of certain students to an alternative

 1-2     education program.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 37.006, Education Code, is amended to

 1-5     read as follows:

 1-6           Sec. 37.006.  REMOVAL FOR CERTAIN CONDUCT.  (a)  Except as

 1-7     provided by Section 37.007(a)(3), a student shall be removed from

 1-8     class and placed in an alternative education program as provided by

 1-9     Section 37.008 if the student engages in conduct punishable as a

1-10     felony, or commits the following on school property or while

1-11     attending a school-sponsored or school-related activity on or off

1-12     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

 2-1     alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage

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

 2-3     alcohol, or possesses, uses, or is under the influence of an

 2-4     alcoholic beverage;

 2-5                 (4)  engages in conduct that contains the elements of

 2-6     an offense relating to abusable glue or aerosol paint under

 2-7     Sections 485.031 through 485.035, Health and Safety Code, or

 2-8     relating to volatile chemicals under Chapter 484, Health and Safety

 2-9     Code; or

2-10                 (5)  engages in conduct that contains the elements of

2-11     the offense of public lewdness under Section 21.07, Penal Code, or

2-12     indecent exposure under Section 21.08, Penal Code.

2-13           (b)  Except as provided by Section 37.007(c), a student shall

2-14     be removed from class and placed in an alternative education

2-15     program under Section 37.008 if the student engages in conduct that

2-16     contains the elements of the offense of retaliation under Section

2-17     36.06, Penal Code, against any school employee.

2-18           (c)  A student who is younger than 10 years of age shall be

2-19     removed from class and placed in an alternative education program

2-20     under Section 37.008 if the student engages in conduct described by

2-21     Section 37.007.

2-22           (d)  The terms of a placement under this section must

2-23     prohibit the student from attending or participating in a

2-24     school-sponsored or school-related activity.

2-25           SECTION 2.  Section 37.007, Education Code, is amended by

 3-1     adding Subsection (h) to read as follows:

 3-2           (h)  Notwithstanding any other provision of this section, a

 3-3     student who is younger than 10 years of age may not be expelled for

 3-4     engaging in conduct described by this section.

 3-5           SECTION 3.  This Act applies beginning with the 1997-1998

 3-6     school year.

 3-7           SECTION 4.  The importance of this legislation and the

 3-8     crowded condition of the calendars in both houses create an

 3-9     emergency and an imperative public necessity that the

3-10     constitutional rule requiring bills to be read on three several

3-11     days in each house be suspended, and this rule is hereby suspended,

3-12     and that this Act take effect and be in force from and after its

3-13     passage, and it is so enacted.