BILL ANALYSIS

 

 

Senate Research Center                                                                                                     H.B. 1020

                                                                                                             By: Deshotel et al. (Hinojosa)

                                                                                                                                            Education

                                                                                                                                            5/12/2009

                                                                                                                                           Engrossed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Education Code requires the expulsion of a student from school for the student's use, exhibition, or possession of a firearm on school property or while in attendance at a school-sponsored or school-related activity on or off school property.  This provision effectively precludes a student's participation in or preparation for school-sponsored shooting sports competition or other legitimately sanctioned shooting sports educational activities.

 

This bill prohibits the expulsion of a student solely on the basis of the student's use, exhibition, or possession of a firearm at an approved target range in the course of the student's participation in a school-sponsored shooting sports competition or a shooting sports educational activity sponsored or supported by the Texas Parks & Wildlife Department (TPWD) or by a sanctioning organization with TPWD.

 

H.B. 1020 amends current law relating to the use, exhibition, or possession of a firearm by public school students participating in certain school-sponsored programs and activities sponsored or supported by TPWD.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 37.007, Education Code, by amending Subsection (a) and adding Subsections (k) and (l), as follows:

 

(a) Creates an exception under Subsection (k).

 

(k) Prohibits a student from being expelled solely on the basis of the student's use, exhibition, or possession of a firearm that occurs at an approved target range facility that is not located on a school campus and while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Texas Parks and Wildlife Department (TPWD) or a shooting sports sanctioning organization working with TPWD.

 

(l) Provides that Subsection (k) does not authorize a student to bring a firearm on school property to participate in or prepare for a school-sponsored shooting sports competition or a shooting sports educational activity described by that subsection. 

 

SECTION 2.  Provides that this Act applies beginning with the 2009-2010 school year.

 

SECTION 3.  Effective date: upon passage or September 1, 2009.