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 * * * * *