1-1           By:  Bivins                                      S.B. No. 137

 1-2           (In the Senate - Filed December 16, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     February 27, 1997, reported favorably by the following vote:  Yeas

 1-5     9, Nays 0; February 27, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the removal of certain students to an alternative

 1-9     education program.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 37.006, Education Code, is amended to

1-12     read as follows:

1-13           Sec. 37.006.  REMOVAL FOR CERTAIN CONDUCT.  (a)  Except as

1-14     provided by Section 37.007(a)(3), a student shall be removed from

1-15     class and placed in an alternative education program as provided by

1-16     Section 37.008 if the student engages in conduct punishable as a

1-17     felony, or commits the following on school property or while

1-18     attending a school-sponsored or school-related activity on or off

1-19     of school property:

1-20                 (1)  engages in conduct that contains the elements of

1-21     the offense of assault under Section 22.01(a)(1), Penal Code, or

1-22     terroristic threat under Section 22.07, Penal Code;

1-23                 (2)  sells, gives, or delivers to another person or

1-24     possesses or uses or is under the influence of:

1-25                       (A)  marihuana or a controlled substance, as

1-26     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.

1-27     Section 801 et seq.; or

1-28                       (B)  a dangerous drug, as defined by Chapter 483,

1-29     Health and Safety Code;

1-30                 (3)  sells, gives, or delivers to another person an

1-31     alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage

1-32     Code, commits a serious act or offense while under the influence of

1-33     alcohol, or possesses, uses, or is under the influence of an

1-34     alcoholic beverage;

1-35                 (4)  engages in conduct that contains the elements of

1-36     an offense relating to abusable glue or aerosol paint under

1-37     Sections 485.031 through 485.035, Health and Safety Code, or

1-38     relating to volatile chemicals under Chapter 484, Health and Safety

1-39     Code; or

1-40                 (5)  engages in conduct that contains the elements of

1-41     the offense of public lewdness under Section 21.07, Penal Code, or

1-42     indecent exposure under Section 21.08, Penal Code.

1-43           (b)  Except as provided by Section 37.007(c), a student shall

1-44     be removed from class and placed in an alternative education

1-45     program under Section 37.008 if the student engages in conduct that

1-46     contains the elements of the offense of retaliation under Section

1-47     36.06, Penal Code, against any school employee.

1-48           (c)  A student who is younger than 10 years of age shall be

1-49     removed from class and placed in an alternative education program

1-50     under Section 37.008 if the student engages in conduct described by

1-51     Section 37.007.

1-52           (d)  The terms of a placement under this section must

1-53     prohibit the student from attending or participating in a

1-54     school-sponsored or school-related activity.

1-55           SECTION 2.  Section 37.007, Education Code, is amended by

1-56     adding Subsection (h) to read as follows:

1-57           (h)  Notwithstanding any other provision of this section, a

1-58     student who is younger than 10 years of age may not be expelled for

1-59     engaging in conduct described by this section.

1-60           SECTION 3.  This Act applies beginning with the 1997-1998

1-61     school year.

1-62           SECTION 4.  The importance of this legislation and the

1-63     crowded condition of the calendars in both houses create an

1-64     emergency and an imperative public necessity that the

 2-1     constitutional rule requiring bills to be read on three several

 2-2     days in each house be suspended, and this rule is hereby suspended,

 2-3     and that this Act take effect and be in force from and after its

 2-4     passage, and it is so enacted.

 2-5                                  * * * * *