SRC-TAG H.B. 2117 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2117
78R9274 JRJ-FBy: Brown, Fred (Barrientos)
Education
5/22/2003
Engrossed


DIGEST AND PURPOSE 

Under current Texas law, higher education institutions have unclear
guidelines on how to deal with specific individuals who may be a
significant threat to human life on campus.  High schools  have the
authority to remove from the campus students who may be a threat.  H.B.
2117 grants the chief administrative officer of an institution of higher
education the power to remove from campus a student or employee who is
determined to be a substantial and material threat to human life. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter Z, Chapter 51, Education Code, by adding
Section 51.9365, as follows: 

Sec. 51.9365.  PROTECTION FROM ACTS OF VIOLENCE BY STUDENTS AND EMPLOYEES.
(a)  Requires the president or other chief executive officer of an
institution of higher education, as defined by Section 61.003, to provide
for the identification of a student or employee who constitutes a
substantial threat to human life on the campus or other facility of the
institution. 
  
(b)  Provides that a student or employee who is determined to be a
substantial threat to another student or employee under this section may
be removed from the campus or facility. 
 
(c)  Requires an institution of higher education to establish  procedures
under this section for  the filing of complaints or reports by students
and employees of persons who may constitute a substantial threat to human
life and for the removal of a student or employee from the campus or
facility. 
 
(d)  Requires the procedures established under this section to ensure due
process rights for all persons under applicable state and federal law,
and, as appropriate, ensure adequate confidentiality of records. 

SECTION 2.  Effective date: September 1, 2003.