1-1     By:  Grusendorf (Senate Sponsor - Shapiro)            H.B. No. 1088
 1-2           (In the Senate - Received from the House May 7, 2001;
 1-3     May 7, 2001, read first time and referred to Committee on
 1-4     Education; May 10, 2001, reported favorably by the following vote:
 1-5     Yeas 7, Nays 0; May 10, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the placement in an alternative education program or
 1-9     expulsion of a public school student who makes a false alarm or
1-10     report or a terroristic threat.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 37.006(a), Education Code, is amended to
1-13     read as follows:
1-14           (a)  Except as provided by Section 37.007(a)(3) or (b), a
1-15     student shall be removed from class and placed in an alternative
1-16     education program as provided by Section 37.008 if the student:
1-17                 (1)  engages in conduct involving a public school that
1-18     contains the elements of the offense of false alarm or report under
1-19     Section 42.06, Penal Code, or terroristic threat under Section
1-20     22.07, Penal Code; or
1-21                 (2)  commits the following on or within 300 feet of
1-22     school property, as measured from any point on the school's real
1-23     property boundary line, or while attending a school-sponsored or
1-24     school-related activity on or off of school property:
1-25                       (A) [(1)]  engages in conduct punishable as a
1-26     felony;
1-27                       (B) [(2)]  engages in conduct that contains the
1-28     elements of the offense of assault under Section 22.01(a)(1), Penal
1-29     Code [, or terroristic threat under Section 22.07, Penal Code];
1-30                       (C) [(3)]  sells, gives, or delivers to another
1-31     person or possesses or uses or is under the influence of:
1-32                             (i) [(A)]  marihuana or a controlled
1-33     substance, as defined by Chapter 481, Health and Safety Code, or by
1-34     21 U.S.C. Section 801 et seq.; or
1-35                             (ii) [(B)]  a dangerous drug, as defined by
1-36     Chapter 483, Health and Safety Code;
1-37                       (D) [(4)]  sells, gives, or delivers to another
1-38     person an alcoholic beverage, as defined by Section 1.04, Alcoholic
1-39     Beverage Code, commits a serious act or offense while under the
1-40     influence of alcohol, or possesses, uses, or is under the influence
1-41     of an alcoholic beverage;
1-42                       (E) [(5)]  engages in conduct that contains the
1-43     elements of an offense relating to abusable glue or aerosol paint
1-44     under Sections 485.031 through 485.035, Health and Safety Code, or
1-45     relating to volatile chemicals under Chapter 484, Health and Safety
1-46     Code; or
1-47                       (F) [(6)]  engages in conduct that contains the
1-48     elements of the offense of public lewdness under Section 21.07,
1-49     Penal Code, or indecent exposure under Section 21.08, Penal Code.
1-50           SECTION 2.  Sections 37.007(a), (b), and (d), Education Code,
1-51     are amended to read as follows:
1-52           (a)  A student shall be expelled from a school if the
1-53     student, on school property or while attending a school-sponsored
1-54     or school-related activity on or off of school property:
1-55                 (1)  uses, exhibits, or possesses:
1-56                       (A)  a firearm as defined by Section 46.01(3),
1-57     Penal Code;
1-58                       (B)  an illegal knife as defined by Section
1-59     46.01(6), Penal Code, or by local policy;
1-60                       (C)  a club as defined by Section 46.01(1), Penal
1-61     Code; or
1-62                       (D)  a weapon listed as a prohibited weapon under
1-63     Section 46.05, Penal Code;
1-64                 (2)  engages in conduct that contains the elements of
 2-1     the offense of:
 2-2                       (A)  aggravated assault under Section 22.02,
 2-3     Penal Code, sexual assault under Section 22.011, Penal Code, or
 2-4     aggravated sexual assault under Section 22.021, Penal Code;
 2-5                       (B)  arson under Section 28.02, Penal Code;
 2-6                       (C)  murder under Section 19.02, Penal Code,
 2-7     capital murder under Section 19.03, Penal Code, or criminal
 2-8     attempt, under Section 15.01, Penal Code, to commit murder or
 2-9     capital murder;
2-10                       (D)  indecency with a child under Section 21.11,
2-11     Penal Code; or
2-12                       (E)  aggravated kidnapping under Section 20.04,
2-13     Penal Code; or
2-14                 (3)  engages in conduct specified by Section
2-15     37.006(a)(2)(C) or (D) [37.006(a)(3) or (4)], if the conduct is
2-16     punishable as a felony.
2-17           (b)  A student may be expelled if the student:
2-18                 (1)  engages in conduct involving a public school that
2-19     contains the elements of the offense of false alarm or report under
2-20     Section 42.06, Penal Code, or terroristic threat under Section
2-21     22.07, Penal Code; or
2-22                 (2)  [,] while on school property or while attending a
2-23     school-sponsored or school-related activity on or off of school
2-24     property:
2-25                       (A) [(1)]  sells, gives, or delivers to another
2-26     person or possesses, uses, or is under the influence of any amount
2-27     of:
2-28                             (i) [(A)]  marihuana or a controlled
2-29     substance, as defined by Chapter 481, Health and Safety Code, or by
2-30     21 U.S.C. Section 801 et seq.;
2-31                             (ii) [(B)]  a dangerous drug, as defined by
2-32     Chapter 483, Health and Safety Code; or
2-33                             (iii) [(C)]  an alcoholic beverage, as
2-34     defined by Section 1.04, Alcoholic Beverage Code;
2-35                       (B) [(2)]  engages in conduct that contains the
2-36     elements of an offense relating to abusable glue or aerosol paint
2-37     under Sections 485.031 through 485.035, Health and Safety Code, or
2-38     relating to volatile chemicals under Chapter 484, Health and Safety
2-39     Code; or
2-40                       (C) [(3)]  engages in conduct that contains the
2-41     elements of an offense under Section 22.01(a)(1), Penal Code,
2-42     against a school district employee or a volunteer as defined by
2-43     Section 22.053.
2-44           (d)  A student shall be expelled if the student engages in
2-45     conduct that contains the elements of any offense listed in
2-46     Subsection (a), and may be expelled if the student engages in
2-47     conduct that contains the elements of any offense listed in
2-48     Subsection (b)(2)(C) [(b)(3)], against any employee or volunteer in
2-49     retaliation for or as a result of the person's employment or
2-50     association with a school district, without regard to whether the
2-51     conduct occurs on or off of school property or while attending a
2-52     school-sponsored or school-related activity on or off of school
2-53     property.
2-54           SECTION 3.  This Act applies beginning with the 2001-2002
2-55     school year.
2-56           SECTION 4.  This Act takes effect immediately if it receives
2-57     a vote of two-thirds of all the members elected to each house, as
2-58     provided by Section 39, Article III, Texas Constitution.  If this
2-59     Act does not receive the vote necessary for immediate effect, this
2-60     Act takes effect September 1, 2001.
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