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AN ACT
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relating to the use, exhibition, or possession of a firearm by |
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public school students participating in certain school-sponsored |
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programs and activities sponsored or supported by the Parks and |
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Wildlife Department. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.007, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (k) and (l) to read |
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as follows: |
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(a) Except as provided by Subsection (k), a [A] student |
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shall be expelled from a school if the student, on school property |
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or while attending a school-sponsored or school-related activity on |
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or off of school property: |
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(1) uses, exhibits, or possesses: |
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(A) a firearm as defined by Section 46.01(3), |
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Penal Code; |
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(B) an illegal knife as defined by Section |
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46.01(6), Penal Code, or by local policy; |
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(C) a club as defined by Section 46.01(1), Penal |
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Code; or |
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(D) a weapon listed as a prohibited weapon under |
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Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; or |
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(I) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; or |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) or (D), if the conduct is punishable as a felony. |
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(k) A student may not be expelled solely on the basis of the |
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student's use, exhibition, or possession of a firearm that occurs: |
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(1) at an approved target range facility that is not |
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located on a school campus; and |
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(2) while participating in or preparing for a |
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school-sponsored shooting sports competition or a shooting sports |
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educational activity that is sponsored or supported by the Parks |
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and Wildlife Department or a shooting sports sanctioning |
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organization working with the department. |
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(l) Subsection (k) does not authorize a student to bring a |
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firearm on school property to participate in or prepare for a |
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school-sponsored shooting sports competition or a shooting sports |
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educational activity described by that subsection. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1020 was passed by the House on May 4, |
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2009, by the following vote: Yeas 143, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1020 was passed by the Senate on May |
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20, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |