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