By Grusendorf H.B. No. 1088
77R1961 BDH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement in an alternative education program or
1-3 expulsion of a public school student who makes a false alarm or
1-4 report or a terroristic threat.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 37.006(a), Education Code, is amended to
1-7 read as follows:
1-8 (a) Except as provided by Section 37.007(a)(3) or (b), a
1-9 student shall be removed from class and placed in an alternative
1-10 education program as provided by Section 37.008 if the student:
1-11 (1) engages in conduct involving a public school that
1-12 contains the elements of the offense of false alarm or report under
1-13 Section 42.06, Penal Code, or terroristic threat under Section
1-14 22.07, Penal Code; or
1-15 (2) commits the following on or within 300 feet of
1-16 school property, as measured from any point on the school's real
1-17 property boundary line, or while attending a school-sponsored or
1-18 school-related activity on or off of school property:
1-19 (A) [(1)] engages in conduct punishable as a
1-20 felony;
1-21 (B) [(2)] engages in conduct that contains the
1-22 elements of the offense of assault under Section 22.01(a)(1), Penal
1-23 Code [, or terroristic threat under Section 22.07, Penal Code];
1-24 (C) [(3)] sells, gives, or delivers to another
2-1 person or possesses or uses or is under the influence of:
2-2 (i) [(A)] marihuana or a controlled
2-3 substance, as defined by Chapter 481, Health and Safety Code, or by
2-4 21 U.S.C. Section 801 et seq.; or
2-5 (ii) [(B)] a dangerous drug, as defined by
2-6 Chapter 483, Health and Safety Code;
2-7 (D) [(4)] sells, gives, or delivers to another
2-8 person an alcoholic beverage, as defined by Section 1.04, Alcoholic
2-9 Beverage Code, commits a serious act or offense while under the
2-10 influence of alcohol, or possesses, uses, or is under the influence
2-11 of an alcoholic beverage;
2-12 (E) [(5)] engages in conduct that contains the
2-13 elements of an offense relating to abusable glue or aerosol paint
2-14 under Sections 485.031 through 485.035, Health and Safety Code, or
2-15 relating to volatile chemicals under Chapter 484, Health and Safety
2-16 Code; or
2-17 (F) [(6)] engages in conduct that contains the
2-18 elements of the offense of public lewdness under Section 21.07,
2-19 Penal Code, or indecent exposure under Section 21.08, Penal Code.
2-20 SECTION 2. Sections 37.007(a), (b), and (d), Education Code,
2-21 are amended to read as follows:
2-22 (a) A student shall be expelled from a school if the
2-23 student, on school property or while attending a school-sponsored
2-24 or school-related activity on or off of school property:
2-25 (1) uses, exhibits, or possesses:
2-26 (A) a firearm as defined by Section 46.01(3),
2-27 Penal Code;
3-1 (B) an illegal knife as defined by Section
3-2 46.01(6), Penal Code, or by local policy;
3-3 (C) a club as defined by Section 46.01(1), Penal
3-4 Code; or
3-5 (D) a weapon listed as a prohibited weapon under
3-6 Section 46.05, Penal Code;
3-7 (2) engages in conduct that contains the elements of
3-8 the offense of:
3-9 (A) aggravated assault under Section 22.02,
3-10 Penal Code, sexual assault under Section 22.011, Penal Code, or
3-11 aggravated sexual assault under Section 22.021, Penal Code;
3-12 (B) arson under Section 28.02, Penal Code;
3-13 (C) murder under Section 19.02, Penal Code,
3-14 capital murder under Section 19.03, Penal Code, or criminal
3-15 attempt, under Section 15.01, Penal Code, to commit murder or
3-16 capital murder;
3-17 (D) indecency with a child under Section 21.11,
3-18 Penal Code; or
3-19 (E) aggravated kidnapping under Section 20.04,
3-20 Penal Code; or
3-21 (3) engages in conduct specified by Section
3-22 37.006(a)(2)(C) or (D) [37.006(a)(3) or (4)], if the conduct is
3-23 punishable as a felony.
3-24 (b) A student may be expelled if the student:
3-25 (1) engages in conduct involving a public school that
3-26 contains the elements of the offense of false alarm or report under
3-27 Section 42.06, Penal Code, or terroristic threat under Section
4-1 22.07, Penal Code; or
4-2 (2) [,] while on school property or while attending a
4-3 school-sponsored or school-related activity on or off of school
4-4 property:
4-5 (A) [(1)] sells, gives, or delivers to another
4-6 person or possesses, uses, or is under the influence of any amount
4-7 of:
4-8 (i) [(A)] marihuana or a controlled
4-9 substance, as defined by Chapter 481, Health and Safety Code, or by
4-10 21 U.S.C. Section 801 et seq.;
4-11 (ii) [(B)] a dangerous drug, as defined by
4-12 Chapter 483, Health and Safety Code; or
4-13 (iii) [(C)] an alcoholic beverage, as
4-14 defined by Section 1.04, Alcoholic Beverage Code;
4-15 (B) [(2)] engages in conduct that contains the
4-16 elements of an offense relating to abusable glue or aerosol paint
4-17 under Sections 485.031 through 485.035, Health and Safety Code, or
4-18 relating to volatile chemicals under Chapter 484, Health and Safety
4-19 Code; or
4-20 (C) [(3)] engages in conduct that contains the
4-21 elements of an offense under Section 22.01(a)(1), Penal Code,
4-22 against a school district employee or a volunteer as defined by
4-23 Section 22.053.
4-24 (d) A student shall be expelled if the student engages in
4-25 conduct that contains the elements of any offense listed in
4-26 Subsection (a), and may be expelled if the student engages in
4-27 conduct that contains the elements of any offense listed in
5-1 Subsection (b)(2)(C) [(b)(3)], against any employee or volunteer in
5-2 retaliation for or as a result of the person's employment or
5-3 association with a school district, without regard to whether the
5-4 conduct occurs on or off of school property or while attending a
5-5 school-sponsored or school-related activity on or off of school
5-6 property.
5-7 SECTION 3. This Act applies beginning with the 2001-2002
5-8 school year.
5-9 SECTION 4. This Act takes effect immediately if it receives
5-10 a vote of two-thirds of all the members elected to each house, as
5-11 provided by Section 39, Article III, Texas Constitution. If this
5-12 Act does not receive the vote necessary for immediate effect, this
5-13 Act takes effect September 1, 2001.