By Corte H.B. No. 498
76R2484 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion of students for assault of school
1-3 employees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.006(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) Except as provided by Section 37.007(a)(3) or (b), a
1-8 student shall be removed from class and placed in an alternative
1-9 education program as provided by Section 37.008 if the student
1-10 commits the following on or within 300 feet of school property, as
1-11 measured from any point on the school's real property boundary
1-12 line, or while attending a school-sponsored or school-related
1-13 activity on or off of school property:
1-14 (1) engages in conduct punishable as a felony;
1-15 (2) engages in conduct that contains the elements of
1-16 the offense of assault under Section 22.01(a)(1), Penal Code, if
1-17 committed against a person other than a school employee, or
1-18 terroristic threat under Section 22.07, Penal Code;
1-19 (3) sells, gives, or delivers to another person or
1-20 possesses or uses or is under the influence of:
1-21 (A) marihuana or a controlled substance, as
1-22 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-23 Section 801 et seq.; or
1-24 (B) a dangerous drug, as defined by Chapter 483,
2-1 Health and Safety Code;
2-2 (4) sells, gives, or delivers to another person an
2-3 alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage
2-4 Code, commits a serious act or offense while under the influence of
2-5 alcohol, or possesses, uses, or is under the influence of an
2-6 alcoholic beverage;
2-7 (5) engages in conduct that contains the elements of
2-8 an offense relating to abusable glue or aerosol paint under
2-9 Sections 485.031 through 485.035, Health and Safety Code, or
2-10 relating to volatile chemicals under Chapter 484, Health and Safety
2-11 Code; or
2-12 (6) engages in conduct that contains the elements of
2-13 the offense of public lewdness under Section 21.07, Penal Code, or
2-14 indecent exposure under Section 21.08, Penal Code.
2-15 SECTION 2. Section 37.007(a), Education Code, is amended to
2-16 read as follows:
2-17 (a) A student shall be expelled from a school if the
2-18 student, on school property or while attending a school-sponsored
2-19 or school-related activity on or off of school property:
2-20 (1) uses, exhibits, or possesses:
2-21 (A) a firearm as defined by Section 46.01(3),
2-22 Penal Code;
2-23 (B) an illegal knife as defined by Section
2-24 46.01(6), Penal Code, or by local policy;
2-25 (C) a club as defined by Section 46.01(1), Penal
2-26 Code; or
2-27 (D) a weapon listed as a prohibited weapon under
3-1 Section 46.05, Penal Code;
3-2 (2) engages in conduct that contains the elements of
3-3 the offense of:
3-4 (A) aggravated assault under Section 22.02,
3-5 Penal Code, sexual assault under Section 22.011, Penal Code, or
3-6 aggravated sexual assault under Section 22.021, Penal Code;
3-7 (B) assault under Section 22.01(a)(1), Penal
3-8 Code, if committed against a school employee;
3-9 (C) arson under Section 28.02, Penal Code;
3-10 (D) [(C)] murder under Section 19.02, Penal
3-11 Code, capital murder under Section 19.03, Penal Code, or criminal
3-12 attempt, under Section 15.01, Penal Code, to commit murder or
3-13 capital murder;
3-14 (E) [(D)] indecency with a child under Section
3-15 21.11, Penal Code; or
3-16 (F) [(E)] aggravated kidnapping under Section
3-17 20.04, Penal Code; or
3-18 (3) engages in conduct specified by Section
3-19 37.006(a)(3) or (4), if the conduct is punishable as a felony.
3-20 SECTION 3. This Act applies beginning with the 1999-2000
3-21 school year.
3-22 SECTION 4. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended,
3-27 and that this Act take effect and be in force from and after its
4-1 passage, and it is so enacted.