HBA-MPM H.B. 498 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 498
By: Corte
Public Education
3/23/1999
Introduced



BACKGROUND AND PURPOSE 

Educators in Texas schools are increasingly becoming the victims of assault
by their students.  Under current state law, assault on a school employee
is not an offense that warrants expulsion.  H.B. 498 requires the expulsion
of a student who assaults a school employee within 300 feet of school
property or while attending a school-sponsored or school-related event on
or off school property. Furthermore, this bill requires the placement of
the student in an alternative education program if the student assaults a
person other than a school employee under the same circumstances. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.006(a), Education Code, to require the
removal from class and placement in an alternative education program of a
student who, within 300 feet of school property or while attending a school
sponsored or school-related activity on or off school property, commits
elements of assault under Section 22.01(a) against a person other than a
school employee. 

SECTION 2.  Amends Section 37.007(a), Education Code, to require the
expulsion of a student who, within 300 feet of school property or while
attending a school-sponsored or school-related activity on or off of school
property, commits elements of assault under Section 22.01(a)(1), Penal
Code, against a school employee.  Redesignates (a)(2)(B)-(a)(2)(E) to
(a)(2)(C)-(a)(2)(F).   

SECTION 3.  Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 4.  Emergency clause.
            Effective date:  upon passage.