79R874 PAM-D
By: Lindsay S.B. No. 126
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 (e) to read as follows:
(e) Except as provided by Section 37.007(e), this
subchapter does not require the student code of conduct to specify a
minimum term of a removal under Section 37.006 or 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 student's conduct
reasonably believes that the student had the culpable mental state
required for that offense under the Penal Code.
SECTION 3. Section 37.007(a), 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 by 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;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code; or
(H) criminally negligent homicide under Section
19.05, 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) Section 37.007(a), Education Code, as amended by this
Act, applies to the expulsion of a student under that section 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, 2005.