By: Berman (Senate Sponsor - Deuell) H.B. No. 567
(In the Senate - Received from the House April 28, 2003;
May 1, 2003, read first time and referred to Committee on
Education; May 20, 2003, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 6, Nays 0;
May 20, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 567 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the expulsion of a public school student who commits
certain criminal acts against 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) or the offense of
aggravated robbery under Section 29.03, Penal Code, 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.
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