By:  Bivins, Wentworth, Ogden                          S.B. No. 260
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the expulsion of a public school student who assaults a
 1-2     school employee or volunteer.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsections (b) and (d), Section 37.007,
 1-5     Education Code, are amended to read as follows:
 1-6           (b)  A student may be expelled if the student, while on
 1-7     school property or while attending a school-sponsored or
 1-8     school-related activity on or off of school property:
 1-9                 (1)  sells, gives, or delivers to another person or
1-10     possesses, uses, or is under the influence of any amount of:
1-11                       (A)  marihuana or a controlled substance, as
1-12     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-13     Section 801 et seq.;
1-14                       (B)  a dangerous drug, as defined by Chapter 483,
1-15     Health and Safety Code; or
1-16                       (C)  an alcoholic beverage, as defined by Section
1-17     1.04, Alcoholic Beverage Code; [or]
1-18                 (2)  engages in conduct that contains the elements of
1-19     an offense relating to abusable glue or aerosol paint under
1-20     Sections 485.031 through 485.035, Health and Safety Code, or
1-21     relating to volatile chemicals under Chapter 484, Health and Safety
1-22     Code; or
1-23                 (3)  engages in conduct that contains the elements of
1-24     an offense under Section 22.01(a)(1), Penal Code, against a school
 2-1     district employee or a volunteer as defined by Section 22.053.
 2-2           (d)  A student shall be expelled if the student engages in
 2-3     conduct that contains the elements of any offense listed in
 2-4     Subsection (a), and may be expelled if the student engages in
 2-5     conduct that contains the elements of any offense listed in
 2-6     Subsection (b), against any employee or volunteer in retaliation
 2-7     for or as a result of the person's [employee's] employment or
 2-8     association with a school district, without regard to whether the
 2-9     conduct occurs on or off of school property or while attending a
2-10     school-sponsored or school-related activity on or off of school
2-11     property.
2-12           SECTION 2.  This Act applies beginning with the 1999-2000
2-13     school year.
2-14           SECTION 3.  The importance of this legislation and the
2-15     crowded condition of the calendars in both houses create an
2-16     emergency and an imperative public necessity that the
2-17     constitutional rule requiring bills to be read on three several
2-18     days in each house be suspended, and this rule is hereby suspended,
2-19     and that this Act take effect and be in force from and after its
2-20     passage, and it is so enacted.
2-21                          COMMITTEE AMENDMENT NO. 1
2-22           Amend SB 260 on page 2, line 6 by adding "3" after
2-23     "Subsection (b)".
2-24                                                                Hochberg