78R12898 CAS-D


By:  Talton                                                       H.B. No. 442

Substitute the following for H.B. No. 442:                                    

By:  Griggs                                                   C.S.H.B. No. 442



A BILL TO BE ENTITLED

AN ACT

relating to the placement of public school students who engage in 
conduct that contains the elements of certain sexual offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 37, Education Code, is 
amended by adding Section 37.0071 to read as follows:
	Sec. 37.0071.  RESTRICTING PLACEMENT OF STUDENTS WHO ENGAGE 
IN CERTAIN CONDUCT.  Notwithstanding any other provision of this 
subchapter and without regard to whether the following conduct 
occurs on or off of school property or while attending a 
school-sponsored or school-related activity on or off of school 
property, a student may not be placed in a regular classroom or on a 
regular campus while the student is enrolled in a school district in 
this state if the student:
		(1)  has been adjudicated under Section 54.03, Family 
Code, as having engaged in conduct that contains the elements of the 
offense of:
			(A)  indecency with a child under Section 21.11, 
Penal Code;        
			(B)  sexual assault under Section 22.011, Penal 
Code; or            
			(C)  aggravated sexual assault under Section 
22.021, Penal Code;    
		(2)  has been placed on deferred prosecution under 
Section 53.03, Family Code, for conduct that contains the elements 
of an offense specified under Subdivision (1), unless a court, 
after determining that the presence of the student in a regular 
classroom or on a regular campus does not threaten the safety of 
other students or of district employees, orders the student to be 
placed in a regular classroom or on a regular campus; or
		(3)  has been placed on probation under Section 
54.04(d)(1), Family Code, for conduct that contains the elements of 
an offense specified under Subdivision (1).
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Section 37.0071, Education Code, as added by this Act, 
applies only to conduct violating the penal law of this state that 
occurs on or after the effective date of this Act.  Conduct 
violating the penal law of this state occurs on or after the 
effective date of this Act if any element of the violation occurs on 
or after that date.