1-1 By: Van de Putte S.B. No. 1525
1-2 (In the Senate - Filed March 9, 2001; March 14, 2001, read
1-3 first time and referred to Committee on Education; April 20, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; April 20, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1525 By: Van de Putte
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to disruption of the conduct of a public school class or
1-10 other public school activity; providing a penalty.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 37.124, Education Code, is amended to
1-13 read as follows:
1-14 Sec. 37.124. DISRUPTION OF CLASSES. (a) A person commits
1-15 an offense if the person, on school property or on public property
1-16 within 500 feet of school property, alone or in concert with
1-17 others, intentionally disrupts the conduct of a class [classes] or
1-18 other school activity [activities].
1-19 (b) An offense under this section is a Class C misdemeanor
1-20 unless it is shown on the trial of the offense that the person has
1-21 previously been convicted under this section, in which case the
1-22 offense is a Class B misdemeanor.
1-23 (c) In this section:
1-24 (1) "Disrupting the conduct of a class [classes] or
1-25 other school activity [activities]" includes:
1-26 (A) emitting noise of an intensity that prevents
1-27 or hinders the conduct of the class or other school activity
1-28 [classroom instruction];
1-29 (B) enticing or attempting to entice a student
1-30 away from a class or other school activity that the student is
1-31 required to attend;
1-32 (C) preventing or attempting to prevent a
1-33 student from attending a class or other school activity that the
1-34 student is required to attend; [and]
1-35 (D) entering a classroom or other school
1-36 property without the consent of either the principal or the teacher
1-37 and, through either acts of misconduct or the use of loud or
1-38 profane language, disrupting a class or other school activity; and
1-39 (E) preventing or hindering entry to or
1-40 departure from school property during the period beginning two
1-41 hours before the beginning of classes for the school day and ending
1-42 two hours after the conclusion of classes for the school day,
1-43 except that this paragraph does not prevent the legitimate exercise
1-44 of the rights of free speech or assembly guaranteed under the
1-45 constitutions of this state and the United States [activities].
1-46 (2) "Public property" includes a street, highway,
1-47 alley, public park, or sidewalk.
1-48 (3) "School activity" includes a school-sponsored
1-49 activity held before or after the school day.
1-50 (4) "School property" includes a public school campus
1-51 or school grounds on which a public school is located and any
1-52 grounds or buildings used by a school for an assembly or other
1-53 school-sponsored activity.
1-54 SECTION 2. (a) The change in law made by this Act applies
1-55 only to an offense committed on or after the effective date of this
1-56 Act. For purposes of this section, an offense is committed before
1-57 the effective date of this Act if any element of the offense occurs
1-58 before that date.
1-59 (b) An offense committed before the effective date of this
1-60 Act is covered by the law in effect when the offense was committed,
1-61 and the former law is continued in effect for that purpose.
1-62 SECTION 3. This Act takes effect September 1, 2001.
1-63 * * * * *