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


Senate Research CenterC.S.S.B. 1525
77R13382 CAS-FBy: Van de Putte
Education
4/19/2001
Committee Report (Substituted)


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 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.
C.S.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 Section 37.124, 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 it is shown on the trial of the offense that the person has
previously been convicted of an offense under this section, in which event
the offense is a Class B misdemeanor. Redefines "disrupting the conduct of
a class or other school activity."  Defines "school activity."  Makes
conforming changes. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Effective date: September 1, 2001.

SUMMARY OF COMMITTEE CHANGES

Amends As Filed S.B. 1525 as follows:

SECTION 1.  Adds proposed text pertaining to the elevation of an offense
under this section from a Class C to a Class B misdemeanor.   

Removes proposed SECTIONS 2 and 3 and incorporates proposed text from those
sections into SECTION 1. 

SECTION 2.  Makes application of this Act prospective.

SECTION 3.  Redesignates SECTION 4 as SECTION 3.