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.