By Uher H.B. No. 1970
77R6272 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the expulsion of students from public school for using,
1-3 exhibiting, or possessing BB or pellet guns or similar devices.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 37.007(b), Education Code, is amended to
1-6 read as follows:
1-7 (b) A student may be expelled if the student, while on
1-8 school property or while attending a school-sponsored or
1-9 school-related activity on or off of school property:
1-10 (1) sells, gives, or delivers to another person or
1-11 possesses, uses, or is under the influence of any amount of:
1-12 (A) marihuana or a controlled substance, as
1-13 defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
1-14 Section 801 et seq.;
1-15 (B) a dangerous drug, as defined by Chapter 483,
1-16 Health and Safety Code; or
1-17 (C) an alcoholic beverage, as defined by Section
1-18 1.04, Alcoholic Beverage Code;
1-19 (2) engages in conduct that contains the elements of
1-20 an offense relating to abusable glue or aerosol paint under
1-21 Sections 485.031 through 485.035, Health and Safety Code, or
1-22 relating to volatile chemicals under Chapter 484, Health and Safety
1-23 Code; [or]
1-24 (3) engages in conduct that contains the elements of
2-1 an offense under Section 22.01(a)(1), Penal Code, against a school
2-2 district employee or a volunteer as defined by Section 22.053; or
2-3 (4) uses, exhibits, or possesses a pellet or BB gun or
2-4 similar device made, designed, or adapted to expel a metal
2-5 projectile through the force of spring action or compressed air or
2-6 other gas.
2-7 SECTION 2. This Act applies beginning with the 2001-2002
2-8 school year.
2-9 SECTION 3. This Act takes effect immediately if it receives
2-10 a vote of two-thirds of all the members elected to each house, as
2-11 provided by Section 39, Article III, Texas Constitution. If this
2-12 Act does not receive the vote necessary for immediate effect, this
2-13 Act takes effect September 1, 2001.