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.