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.