By:  Talton                                                       H.B. No. 878



A BILL TO BE ENTITLED

AN ACT

relating to the placement of public school students who engage in 
conduct that contains the elements of certain sexual offenses.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 37, Education Code, is 
amended by adding Section 37.0071 to read as follows:
	Sec. 37.0071.  RESTRICTING PLACEMENT OF STUDENTS WHO ENGAGE 
IN CERTAIN CONDUCT.  (a)  Except as provided by Subsection  (b), 
notwithstanding any other provision of this subchapter and without 
regard to whether the following conduct occurs on or off of school 
property or while attending a school-sponsored or school-related 
activity on or off of school property, unless placement of a student 
in a juvenile justice alternative education program under Section 
37.011 is mandatory, a school district shall place the student in 
the district's disciplinary alternative education program under 
Section 37.008 if the student:
		(1)  has been adjudicated under Section 54.03, Family 
Code, as having engaged in conduct that contains the elements of the 
offense of:
			(A)  indecency with a child under Section 21.11, 
Penal Code;        
			(B)  sexual assault under Section 22.011, Penal 
Code; or            
			(C)  aggravated sexual assault under Section 
22.021, Penal Code;    
		(2)  has been placed on deferred prosecution under 
Section 53.03, Family Code, for conduct that contains the elements 
of an offense specified under Subdivision (1); or
		(3)  has been placed on probation under Section 
54.04(d)(1), Family Code, for conduct that contains the elements of 
an offense specified under Subdivision (1).
	(b)  After the student completes any period of deferred 
prosecution or probation under Subsection (a), the principal of the 
campus on which the student would be enrolled if the student were 
not subject to Subsection (a) may admit the student to the campus 
and may assign the student to attendance in a regular classroom if:
		(1)  the student receives counseling from a licensed 
professional counselor while the student is enrolled in the school 
district; and
		(2)  the principal reasonably believes the student will 
not be a threat to other students on the campus.
	SECTION 2.  Section 37.0071, Education Code, as added by 
this Act, applies only to conduct violating the penal law of this 
state that occurs on or after the effective date of this Act.  
Conduct violating the penal law of this state occurs on or after the 
effective date of this Act if any element of the violation occurs on 
or after that date.
	SECTION 3.  This Act takes effect September 1, 2005.