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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a school district to refer a student |
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for prosecution of the offense of disorderly conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.101, Education Code, is amended to |
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read as follows: |
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Sec. 37.101. APPLICABILITY OF CRIMINAL LAWS. (a) The |
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criminal laws of the state apply in the areas under the control and |
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jurisdiction of the board of trustees of any school district in this |
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state. |
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(b) Except as provided by Subsection (c), a school district |
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may not refer a student for prosecution of the offense of disorderly |
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conduct under Section 42.01, Penal Code, on the basis of a minor |
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violation of the student code of conduct adopted under Section |
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37.001. For purposes of this subsection, minor violations include |
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chewing gum, talking in class, eating or drinking outside of |
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designated areas, running in hallways, making unreasonable noises, |
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and other disruptive behaviors for which the code of conduct does |
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not permit suspension, expulsion, or placement in a disciplinary |
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alternative education program. |
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(c) Subsection (b) does not apply in circumstances in which |
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a student persistently engages in minor violations of the student |
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code of conduct adopted under Section 37.001, provided that the |
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school district has: |
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(1) previously attempted through district |
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disciplinary measures to correct the student's behavior; and |
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(2) informed or attempted to inform the student's |
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parent regarding the student's behavior. |
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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. |