78R2179 KKA-D

By:  Bailey                                                       H.B. No. 561



A BILL TO BE ENTITLED

AN ACT

relating to possession of knives by students on public school 
grounds or at school-sponsored events.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 37.007(b), Education Code, is amended to 
read as follows:
	(b)  A student may be expelled if the student:                                 
		(1)  engages in conduct involving a public school that 
contains the elements of the offense of false alarm or report under 
Section 42.06, Penal Code, or terroristic threat under Section 
22.07, Penal Code;  or
		(2)  while on school property or while attending a 
school-sponsored or school-related activity on or off of school 
property:
			(A)  sells, gives, or delivers to another person 
or possesses, uses, or is under the influence of any amount of:
				(i)  marihuana or a controlled substance, as 
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. 
Section 801 et seq.;
				(ii)  a dangerous drug, as defined by 
Chapter 483, Health and Safety Code;  or
				(iii) an alcoholic beverage, as defined by  
Section 1.04, Alcoholic Beverage Code;
			(B)  engages in conduct that contains the elements 
of an offense relating to an abusable volatile chemical [glue or 
aerosol paint] under Sections 485.031 through 485.034 [485.035], 
Health and Safety Code [, or relating to volatile chemicals under 
Chapter 484, Health and Safety Code];  [or]
			(C)  engages in conduct that contains the elements 
of an offense under Section 22.01(a)(1), Penal Code, against a 
school district employee or a volunteer as defined by Section 
22.053; or
			(D)  possesses a knife other than a knife 
prohibited by Subsection (a).
	SECTION 2.  Subchapter C, Chapter 37, Education Code, is 
amended by adding Section 37.085 to read as follows:
	Sec. 37.085.  POSSESSION OF KNIVES.  (a)  Except as provided 
by Subsection (c), a student may not possess a knife of any type 
while on school property or while attending a school-sponsored or 
school-related activity on or off school property.
	(b)  A school district may establish disciplinary measures 
to be imposed for a violation of this section.  The disciplinary 
measures must be consistent with requirements relating to expulsion 
of a student or placement of a student in an alternative education 
program under Subchapter A.
	(c)  This section does not prohibit possession of a knife  
provided by or permitted by a school district while the knife is 
being used for the purpose authorized by the district.
	SECTION 3.  This Act applies beginning with the 2003-2004 
school year.       
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.