79R12730 BDH-D
By: Corte H.B. No. 11
Substitute the following for H.B. No. 11:
By: Dutton C.S.H.B. No. 11
A BILL TO BE ENTITLED
AN ACT
relating to the expulsion of students for assault of school
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.006(a), Education Code, is amended to
read as follows:
(a) A student shall be removed from class and placed in a
disciplinary alternative education program as provided by Section
37.008 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) commits the following on or within 300 feet of
school property, as measured from any point on the school's real
property boundary line, or while attending a school-sponsored or
school-related activity on or off of school property:
(A) engages in conduct punishable as a felony;
(B) engages in conduct that contains the elements
of the offense of assault under Section 22.01(a)(1), Penal Code, if
committed against a person other than a school employee;
(C) engages in reckless conduct that contains the
elements of the offense of assault under Section 22.01(a)(1), Penal
Code, if committed against a school employee;
(D) sells, gives, or delivers to another person
or possesses or uses or is under the influence 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.; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
(E) [(D)] sells, gives, or delivers to another
person an alcoholic beverage, as defined by Section 1.04, Alcoholic
Beverage Code, commits a serious act or offense while under the
influence of alcohol, or possesses, uses, or is under the influence
of an alcoholic beverage;
(F) [(E)] engages in conduct that contains the
elements of an offense relating to an abusable volatile chemical
under Sections 485.031 through 485.034, Health and Safety Code; or
(G) [(F)] engages in conduct that contains the
elements of the offense of public lewdness under Section 21.07,
Penal Code, or indecent exposure under Section 21.08, Penal Code.
SECTION 2. Section 37.007, Education Code, is amended by
amending Subsection (a) and reenacting and amending Subsection (b),
as amended by Chapters 443 and 1055, Acts of the 78th Legislature,
Regular Session, 2003, 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) 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) assault under Section 22.01(a)(1), Penal
Code, if the student acted intentionally or knowingly and the
conduct was committed against a school employee;
(B) 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;
(C) [(B)] arson under Section 28.02, Penal Code;
(D) [(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;
(E) [(D)] indecency with a child under Section
21.11, Penal Code;
(F) [(E)] aggravated kidnapping under Section
20.04, Penal Code;
(G) [(F)] aggravated robbery under Section
29.03, Penal Code;
(H) [(G)] manslaughter under Section 19.04,
Penal Code; or
(I) [(H)] criminally negligent homicide under
Section 19.05, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(D) or (E) [37.006(a)(2)(C) or (D)], if the conduct is
punishable as a felony.
(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;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, 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 under
Sections 485.031 through 485.034, Health and Safety Code;
(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) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
[or]
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921; or
(4) [(3)] engages in conduct that contains the
elements of any offense listed in Subsection (a)(2)(B) or (D)
[(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 3. This Act applies beginning with the 2005-2006
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, 2005.