By:  Baxter                                                       H.B. No. 3458



A BILL TO BE ENTITLED

AN ACT

relating to a student victim of assault.                                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 25, Education Code, is 
amended by adding Section 25.902 to read as follows:
	Sec. 25.902.  CONTACT BETWEEN STUDENT WHO COMMITS ASSAULT 
AND STUDENT VICTIM.  (a)  This section applies only to:
		(1)  a student who:                                                    
			(A)  has been convicted of an offense described by 
Section 37.006(a)(2)(B) or 37.007(a)(2)(A);
			(B)  has been found by a court to have engaged in 
delinquent conduct on the basis of conduct described by Section 
37.006(a)(2)(B) or 37.007(a)(2)(A); or
			(C)  has been accused of committing an offense 
described by Section 37.006(a)(2)(B) or 37.007(a)(2)(A) or of 
engaging in conduct that contains the elements of such an offense, 
and has had a protective order issued against the student in 
connection with the alleged offense or conduct; and
		(2)  a student who is the victim of conduct described by 
Subdivision (1).
	(b)  A student who is a victim to whom Subsection (a)(2) 
applies who is assigned to the same campus as the student who 
committed the offense or engaged in the conduct may notify a 
counselor at the campus, or in the student's school district if the 
campus does not have a counselor, of the offense or other conduct 
and request that the counselor attempt to ensure limited contact 
between the victim and the other student in the manner provided by 
Subsection (c).
	(c)  For purposes of this subsection, "parent" includes a 
person standing in parental relation.  On receiving a request under 
Subsection (b) from a student who is a victim, the counselor shall 
suggest to the parent of the student who committed the offense or 
engaged in the conduct that the parent attempt to transfer the 
student to or enroll the student in another school.  If the 
student's parent refuses or is unable to transfer the student to or 
enroll the student in another school, the counselor shall develop a 
plan for ensuring that the student and the student who is the victim 
have limited contact during the school day and during any 
extracurricular activities.  The counselor shall coordinate with 
the parent of the student who committed the offense or engaged in 
the conduct and the parent of the victim separately in developing 
the plan.
	(d)  The counselor shall continue to serve as a resource to 
both students.  The counselor cannot be held responsible for either 
student's violation of the plan.
	SECTION 2.  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.