By Bivins S.B. No. 137
75R1904 JMC-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the removal of certain students to an alternative
1-3 education 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 Section 37.007(a)(3), a student shall be removed from
1-9 class and placed in an alternative education program as provided by
1-10 Section 37.008 if the student engages in conduct punishable as a
1-11 felony, or commits the following on school property or while
1-12 attending a school-sponsored or school-related activity on or off
1-13 of school property:
1-14 (1) engages in conduct that contains the elements of
1-15 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-16 terroristic threat under Section 22.07, Penal Code;
1-17 (2) sells, gives, or delivers to another person or
1-18 possesses or uses or is under the influence of:
1-19 (A) marihuana or a controlled substance, as
1-20 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-21 Section 801 et seq.; or
1-22 (B) a dangerous drug, as defined by Chapter 483,
1-23 Health and Safety Code;
1-24 (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
2-26 adding Subsection (h) to read as follows:
2-27 (h) Notwithstanding any other provision of this section, a
3-1 student who is younger than 10 years of age may not be expelled for
3-2 engaging in conduct described by this section.
3-3 SECTION 3. This Act applies beginning with the 1997-1998
3-4 school year.
3-5 SECTION 4. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.