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By:  Lindsay                                                      S.B. No. 596


A BILL TO BE ENTITLED

AN ACT

relating to discipline of public school students.                             
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.001, Education Code, is amended by 
adding Subsection (d) to read as follows:
	(d)  Except as provided by Section 37.007(e), this 
subchapter does not require the student code of conduct to specify 
any particular minimum term of an alternative education placement 
under Section 37.006 or of an expulsion under Section 37.007.
	SECTION 2.  Subchapter A, Chapter 37, Education Code, is 
amended by adding Section 37.0011 to read as follows:
	Sec. 37.0011.  CULPABLE MENTAL STATE REQUIRED.  A school 
district may not punish a student under this subchapter based on 
conduct that contains the elements of an offense under the Penal 
Code unless the principal, board of trustees, or other person 
authorized under Section 37.009 to review the conduct reasonably 
believes that the student had the culpable mental state required 
for that offense under the Penal Code.
	SECTION 3.  Subsection (a), Section 37.007, Education Code, 
is amended to read as follows:
	(a)  A student shall be expelled from a school if the 
student, on school property or while attending a school-sponsored 
or school-related activity on or off of school property:
		(1)  except as provided under Subsection (e), 
intentionally, knowingly, or recklessly uses, exhibits, or 
possesses:
			(A)  a firearm as defined by Section 46.01(3), 
Penal Code;                 
			(B)  an illegal knife as defined by Section 
46.01(6), Penal Code, or by local policy;
			(C)  a club as defined by Section 46.01(1), Penal 
Code; or                 
			(D)  a weapon listed as a prohibited weapon under 
Section 46.05, Penal Code;
		(2)  engages in conduct that contains the elements of 
the offense of:       
			(A)  aggravated assault under Section 22.02, 
Penal Code, sexual assault under Section 22.011, Penal Code, or 
aggravated sexual assault under Section 22.021, Penal Code;
			(B)  arson under Section 28.02, Penal Code;                                  
			(C)  murder under Section 19.02, Penal Code, 
capital murder under Section 19.03, Penal Code, or criminal 
attempt, under Section 15.01, Penal Code, to commit murder or 
capital murder;
			(D)  indecency with a child under Section 21.11, 
Penal Code; or            
			(E)  aggravated kidnapping under Section 20.04, 
Penal Code; or             
		(3)  engages in conduct specified by Section 
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
	SECTION 4.  (a)  Section 37.0011, Education Code, as added 
by this Act, applies to punishment imposed under Subchapter A, 
Chapter 37, Education Code, on or after the effective date of this 
Act regardless of when the conduct on which the punishment is based 
occurred.
	(b)  Subsection (a), Section 37.007, Education Code, as 
amended by this Act, applies to the expulsion of a student under 
that subsection on or after the effective date of this Act 
regardless of when the conduct on which the expulsion is based 
occurred.
	SECTION 5.  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.