SRC-MKV S.B. 1525 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1525
By: Van de Putte
Education
4/10/2001
As Filed


DIGEST AND PURPOSE 

Under current law, a person commits an offense if the person, on or near
school property, intentionally disrupts the conduct of classes or other
school activities.  Because the law is phrased in the plural, prosecution
requires showing that more than one class or school activity was disrupted.
Another school disruption occurs is when students are prevented or hindered
from entering or leaving school Current law creates an offense for
preventing or attempting to prevent a student from attending a class or
other school activity, but there is no similar provision for preventing or
hindering a student from leaving a class or other school activity.  As
proposed, S.B. 1525 changes the law from plural to singular in order to
allow prosecution for disruption of one class or school activity.  The bill
also expands the law to create an offense for preventing or hindering
students from entering or exiting school before or after school hours.  The
bill clarifies that a school activity includes an activity held before or
after class, and it enhances the penalty from a Class C misdemeanor to a
Class B misdemeanor for repeat violators. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Sections 37.124(a) and (b), Education Code, to change
references from "classes" and "activities" to "a class" and "activity."
Adds language to provide that an offense under this section is a Class C
misdemeanor, unless the person has previously been convicted of an offense
under this section, in which event the offense is a Class B misdemeanor.   

SECTION 2.  Amends Section 37.124(c)(1), Education Code, to change a
reference from "classroom instruction" to "the conduct of a class or other
school activity," to add language providing that preventing or hindering
entrance to or exit from school property during the period beginning one
hour before commencement of classes for the school day and ending one hour
after conclusion of classes for the school day, although nothing in this
subsection shall prevent the legitimate exercise of the rights of free
speech or assembly under the Texas and U.S. Constitutions.  Makes
conforming changes. 

SECTION 3.  Amends Section 37.124 (c)(4), Education Code, to define "school
activity" to include an activity held on school property before or after
school. 

SECTION 4.  Effective date: September 1, 2001.