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.
2-61 * * * * *