By Ogden S.B. No. 473
76R4774 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion from public school of students
1-3 adjudicated as having engaged in delinquent conduct based on
1-4 conduct punishable as a felony.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 37.006(a)-(c), Education Code, are
1-7 amended to read as follows:
1-8 (a) Except as provided by Section 37.007(a)(3), [or] (b), or
1-9 (i), a student shall be removed from class and placed in an
1-10 alternative education program as provided by Section 37.008 if the
1-11 student commits the following on or within 300 feet of school
1-12 property, as measured from any point on the school's real property
1-13 boundary line, or while attending a school-sponsored or
1-14 school-related activity on or off of school property:
1-15 (1) engages in conduct punishable as a felony;
1-16 (2) engages in conduct that contains the elements of
1-17 the offense of assault under Section 22.01(a)(1), Penal Code, 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 (b) Except as provided by Section 37.007(d) or (i), a
2-16 student shall be removed from class and placed in an alternative
2-17 education program under Section 37.008 if the student engages in
2-18 conduct that contains the elements of the offense of retaliation
2-19 under Section 36.06, Penal Code, against any school employee.
2-20 (c) In addition to Subsection (a), except as provided by
2-21 Section 37.007(i), a student shall be removed from class and placed
2-22 in an alternative education program under Section 37.008 based on
2-23 conduct occurring off campus and while the student is not in
2-24 attendance at a school-sponsored or school-related activity if:
2-25 (1) the student receives deferred prosecution under
2-26 Section 53.03, Family Code, for conduct defined as a felony offense
2-27 in Title 5, Penal Code;
3-1 (2) a court or jury finds that the student has engaged
3-2 in delinquent conduct under Section 54.03, Family Code, for conduct
3-3 defined as a felony offense in Title 5, Penal Code; or
3-4 (3) the superintendent or the superintendent's
3-5 designee has a reasonable belief that the student has engaged in a
3-6 conduct defined as a felony offense in Title 5, Penal Code.
3-7 SECTION 2. Section 37.007, Education Code, is amended by
3-8 adding Subsection (i) to read as follows:
3-9 (i) Except as otherwise provided by this section, a student
3-10 may be expelled if the student is adjudicated as having engaged in
3-11 delinquent conduct based on conduct punishable as a felony
3-12 regardless of whether that conduct occurs on or off of school
3-13 property or while the student is attending a school-sponsored or
3-14 school-related activity.
3-15 SECTION 3. This Act applies beginning with the 1999-2000
3-16 school year.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended,
3-22 and that this Act take effect and be in force from and after its
3-23 passage, and it is so enacted.