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79R8773 ESH-D

By:  Madden                                                       H.B. No. 2400



A BILL TO BE ENTITLED

AN ACT

relating to the expulsion of a student from public school for 
certain conduct involving marihuana or a controlled substance.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 37.007, Education Code, is amended by 
adding Subsection (a-1) to read as follows:
	(a-1)  Subsection (a)(3) does not apply to conduct that is 
punishable as a felony only under Section 481.134, Health and 
Safety Code.
	SECTION 2.  Section 37.007(a-1), Education Code, as added by 
this Act, applies beginning with the 2005-2006 school year.
	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, 2005.