By Corte                                                H.B. No. 14
         77R877 BDH-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the expulsion of students for assault of school
 1-3     employees.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 37.006(a), Education Code, is amended to
 1-6     read as follows:
 1-7           (a)  Except as provided by Section 37.007(a)(3) or (b), a
 1-8     student shall be removed from class and placed in an alternative
 1-9     education program as provided by Section 37.008 if the student
1-10     commits the following on or within 300 feet of school property, as
1-11     measured from any point on the school's real property boundary
1-12     line, or while attending a school-sponsored or school-related
1-13     activity on or off of school property:
1-14                 (1)  engages in conduct punishable as a felony;
1-15                 (2)  engages in conduct that contains the elements of
1-16     the offense of assault under Section 22.01(a)(1), Penal Code, if
1-17     committed against a person other than a school employee, 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           SECTION 2.  Sections 37.007(a), (b), and (d), Education Code,
2-16     are amended to read as follows:
2-17           (a)  A student shall be expelled from a school if the
2-18     student, on school property or while attending a school-sponsored
2-19     or school-related activity on or off of school property:
2-20                 (1)  uses, exhibits, or possesses:
2-21                       (A)  a firearm as defined by Section 46.01(3),
2-22     Penal Code;
2-23                       (B)  an illegal knife as defined by Section
2-24     46.01(6), Penal Code, or by local policy;
2-25                       (C)  a club as defined by Section 46.01(1), Penal
2-26     Code; or
2-27                       (D)  a weapon listed as a prohibited weapon under
 3-1     Section 46.05, Penal Code;
 3-2                 (2)  engages in conduct that contains the elements of
 3-3     the offense of:
 3-4                       (A)  aggravated assault under Section 22.02,
 3-5     Penal Code, sexual assault under Section 22.011, Penal Code, or
 3-6     aggravated sexual assault under Section 22.021, Penal Code;
 3-7                       (B)  assault under Section 22.01(a)(1), Penal
 3-8     Code, if committed against a school employee;
 3-9                       (C)  arson under Section 28.02, Penal Code;
3-10                       (D) [(C)]  murder under Section 19.02, Penal
3-11     Code, capital murder under Section 19.03, Penal Code, or criminal
3-12     attempt, under  Section 15.01, Penal Code, to commit murder or
3-13     capital murder;
3-14                       (E) [(D)]  indecency with a child under Section
3-15     21.11, Penal Code; or
3-16                       (F) [(E)]  aggravated kidnapping under Section
3-17     20.04, Penal Code; or
3-18                 (3)  engages in conduct specified by Section
3-19     37.006(a)(3) or (4), if the conduct is punishable as a felony.
3-20           (b)  A student may be expelled if the student, while on
3-21     school property or while attending a school-sponsored or
3-22     school-related activity on or off of school property:
3-23                 (1)  sells, gives, or delivers to another person or
3-24     possesses, uses, or is under the influence of any amount of:
3-25                       (A)  marihuana or a controlled substance, as
3-26     defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
3-27     Section 801 et seq.;
 4-1                       (B)  a dangerous drug, as defined by Chapter 483,
 4-2     Health and Safety Code; or
 4-3                       (C)  an alcoholic beverage, as defined by Section
 4-4     1.04, Alcoholic Beverage Code;
 4-5                 (2)  engages in conduct that contains the elements of
 4-6     an offense relating to abusable glue or aerosol paint under
 4-7     Sections 485.031 through 485.035, Health and Safety Code, or
 4-8     relating to volatile chemicals under Chapter 484, Health and Safety
 4-9     Code; or
4-10                 (3)  engages in conduct that contains the elements of
4-11     an offense under Section 22.01(a)(1), Penal Code, against a [school
4-12     district employee or a] volunteer as defined by Section 22.053.
4-13           (d)  A student shall be expelled if the student engages in
4-14     conduct that contains the elements of any offense listed in
4-15     Subsection (a), and may be expelled if the student engages in
4-16     conduct that contains the elements of any offense listed in
4-17     Subsection (b)(3), against any [employee or] volunteer in
4-18     retaliation for or as a result of the person's [employment or]
4-19     association with a school district, without regard to whether the
4-20     conduct occurs on or off of school property or while attending a
4-21     school-sponsored or school-related activity on or off of school
4-22     property.
4-23           SECTION 3.  This Act applies beginning with the 2001-2002
4-24     school year.
4-25           SECTION 4.  This Act takes effect immediately if it receives
4-26     a vote of two-thirds of all members elected to each house, as
4-27     provided by Section 39, Article III, Texas Constitution.  If this
 5-1     Act does not receive the vote necessary for immediate effect, this
 5-2     Act takes effect September 1, 2001.