78R3943 SLO-D

By:  Berman                                                       H.B. No. 567



A BILL TO BE ENTITLED

AN ACT

relating to the expulsion of a public school student who assaults, 
murders, or attempts to murder another student.
	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 abusable glue or aerosol paint under 
Sections 485.031 through 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
		(3)  engages in conduct that contains the elements of 
any offense listed in Subsection (a)(2)(A) or (C) against another 
student, without regard to whether the conduct occurs on or off of 
school property or while attending a school-sponsored or 
school-related activity on or off of school property.
	SECTION 2.  Section 37.007(b), Education Code, as amended by 
this Act, applies only to the expulsion of a student who engages in 
conduct described by that section on or after the effective date of 
this Act.
	SECTION 3.  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.