By Talton H.B. No. 2319
77R2579 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the placement of public school students who engage in
1-3 conduct that contains the elements of certain sexual offenses.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 37, Education Code, is
1-6 amended by adding Section 37.0071 to read as follows:
1-7 Sec. 37.0071. RESTRICTING THE PLACEMENT OF STUDENTS WHO
1-8 ENGAGE IN CERTAIN CONDUCT. Notwithstanding any other provision of
1-9 this subchapter and without regard to whether the following conduct
1-10 occurs on or off of school property or while attending a
1-11 school-sponsored or school-related activity on or off of school
1-12 property, a student may not be placed in a regular classroom or on
1-13 a regular campus while the student is enrolled in a school district
1-14 in this state if the student:
1-15 (1) has been adjudicated under Section 54.03, Family
1-16 Code, as having engaged in conduct that contains the elements of
1-17 the offense of:
1-18 (A) indecency with a child under Section 21.11,
1-19 Penal Code;
1-20 (B) sexual assault under Section 22.011, Penal
1-21 Code; or
1-22 (C) aggravated sexual assault under Section
1-23 22.021, Penal Code;
1-24 (2) has been placed on deferred prosecution under
2-1 Section 53.03, Family Code, for conduct that contains the elements
2-2 of an offense specified under Subdivision (1); or
2-3 (3) has been placed on probation under Section
2-4 54.04(d)(1), Family Code, for conduct that contains the elements of
2-5 an offense specified under Subdivision (1).
2-6 SECTION 2. (a) This Act takes effect September 1, 2001.
2-7 (b) Section 37.0071, Education Code, as added by this Act,
2-8 applies only to conduct violating the penal law of this state that
2-9 occurs on or after the effective date of this Act. Conduct
2-10 violating the penal law of this state occurs on or after the
2-11 effective date of this Act if any element of the violation occurs
2-12 on or after that date.