By King of Uvalde H.B. No. 1783
76R6731 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 commit an assault on school
1-4 property or at a school-sponsored or school-related activity.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 37.006, Education Code, is amended by
1-7 adding Subsection (d-1) to read as follows:
1-8 (d-1) A student may be removed from class and placed in an
1-9 alternative education program as provided by Section 37.008 if the
1-10 student, while on school property or while attending a
1-11 school-sponsored or school-related activity on or off of school
1-12 property, engages in conduct that contains the elements of the
1-13 offense of assault under Section 22.01(a)(2) or (3), Penal Code.
1-14 SECTION 2. Section 37.007(b), Education Code, is amended to
1-15 read as follows:
1-16 (b) A student may be expelled if the student, while on
1-17 school property or while attending a school-sponsored or
1-18 school-related activity on or off of school property:
1-19 (1) sells, gives, or delivers to another person or
1-20 possesses, uses, or is under the influence of any amount 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.;
1-24 (B) a dangerous drug, as defined by Chapter 483,
2-1 Health and Safety Code; or
2-2 (C) an alcoholic beverage, as defined by Section
2-3 1.04, Alcoholic Beverage Code; [or]
2-4 (2) engages in conduct that contains the elements of
2-5 an offense relating to abusable glue or aerosol paint under
2-6 Sections 485.031 through 485.035, Health and Safety Code, or
2-7 relating to volatile chemicals under Chapter 484, Health and Safety
2-8 Code; or
2-9 (3) engages in conduct that contains the elements of
2-10 the offense of assault under Section 22.01, Penal Code.
2-11 SECTION 3. This Act applies beginning with the 1999-2000
2-12 school year.
2-13 SECTION 4. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.