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.