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.