By Wentworth S.B. No. 598
75R6138 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion or placement in alternative education
1-3 programs of public school students who assault school employees,
1-4 officers, or volunteers.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 37.006, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 37.006. REMOVAL FOR CERTAIN CONDUCT. (a) Except as
1-9 provided by Section 37.007(a)(3) or (b)(2), a student shall be
1-10 removed from class and placed in an alternative education program
1-11 as provided by Section 37.008 if the student engages in conduct
1-12 punishable as a felony, or commits the following on school property
1-13 or while attending a school-sponsored or school-related activity on
1-14 or off of school property:
1-15 (1) engages in conduct that contains the elements of
1-16 the offense of assault under Section 22.01(a)(1), Penal Code, or
1-17 terroristic threat under Section 22.07, Penal Code;
1-18 (2) sells, gives, or delivers to another person or
1-19 possesses or uses or is under the influence of:
1-20 (A) marihuana or a controlled substance, as
1-21 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-22 Section 801 et seq.; or
1-23 (B) a dangerous drug, as defined by Chapter 483,
1-24 Health and Safety Code;
2-1 (3) sells, gives, or delivers to another person an
2-2 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-3 Code, commits a serious act or offense while under the influence of
2-4 alcohol, or possesses, uses, or is under the influence of an
2-5 alcoholic beverage;
2-6 (4) engages in conduct that contains the elements of
2-7 an offense relating to abusable glue or aerosol paint under
2-8 Sections 485.031 through 485.035, Health and Safety Code, or
2-9 relating to volatile chemicals under Chapter 484, Health and Safety
2-10 Code; or
2-11 (5) engages in conduct that contains the elements of
2-12 the offense of public lewdness under Section 21.07, Penal Code, or
2-13 indecent exposure under Section 21.08, Penal Code.
2-14 (b) Except as provided by Section 37.007(b)(2) or (c), a
2-15 student shall be removed from class and placed in an alternative
2-16 education program under Section 37.008 if the student engages in
2-17 conduct that contains the elements of the offense of retaliation
2-18 under Section 36.06, Penal Code, against any school employee.
2-19 (c) A student may be placed in an alternative education
2-20 program under Section 37.008 if the student:
2-21 (1) engages in conduct that contains the elements of
2-22 the offense of assault under Section 22.01(a)(2) or (3), Penal
2-23 Code, against a school employee, officer, or volunteer on school
2-24 property or while attending a school-sponsored or school-related
2-25 activity on or off of school property; or
2-26 (2) engages in conduct that contains the elements of
2-27 the offense of assault under Section 22.01, Penal Code, against a
3-1 school employee, officer, or volunteer off of school property and
3-2 not while attending a school-sponsored or school-related activity.
3-3 (d) The terms of a placement under this section must
3-4 prohibit the student from attending or participating in a
3-5 school-sponsored or school-related activity.
3-6 (e) In this section, "volunteer" has the meaning assigned by
3-7 Section 22.053.
3-8 SECTION 2. Section 37.007, Education Code, is amended by
3-9 amending Subsection (b) and adding Subsection (h) to read as
3-10 follows:
3-11 (b) A student may be expelled if the student:
3-12 (1) [,] after being placed in an alternative
3-13 education program for disciplinary reasons, continues to engage in
3-14 serious or persistent misbehavior that violates the district's
3-15 student code of conduct; or
3-16 (2) engages in conduct that contains the elements of
3-17 the offense of assault under Section 22.01, Penal Code, against a
3-18 school employee, officer, or volunteer.
3-19 (h) In this section, "volunteer" has the meaning assigned by
3-20 Section 22.053.
3-21 SECTION 3. Section 37.010(b), Education Code, is amended to
3-22 read as follows:
3-23 (b) If a student is expelled under Section 37.007(b)(1), the
3-24 board or its designee shall refer the student to the authorized
3-25 officer of the juvenile court for appropriate proceedings under
3-26 Title 3, Family Code.
3-27 SECTION 4. This Act applies beginning with the 1997-1998
4-1 school year.
4-2 SECTION 5. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended,
4-7 and that this Act take effect and be in force from and after its
4-8 passage, and it is so enacted.