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A BILL TO BE ENTITLED
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AN ACT
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relating to prosecution of persons younger than 13 years of age for |
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offenses involving disorderly conduct, disruption of public school |
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classes, or disruption of public school transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.124, Education Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) It is an exception to the application of Subsection (a) |
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that the actor was younger than 13 years of age at the time the actor |
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engaged in conduct prohibited under that subsection. |
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SECTION 2. Section 37.126, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Section 37.125, a person commits |
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an offense if the person intentionally disrupts, prevents, or |
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interferes with the lawful transportation of children: |
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(1) to or from school on a vehicle owned or operated by |
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a county or independent school district; or |
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(2) to or from [or] an activity sponsored by a school |
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on a vehicle owned or operated by a county or independent school |
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district. |
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(c) It is an exception to the application of Subsection |
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(a)(1) that the actor was younger than 13 years of age at the time |
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the actor engaged in conduct prohibited under that subdivision. |
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SECTION 3. Section 42.01, Penal Code, is amended by adding |
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Subsection (f) to read as follows: |
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(f) It is an exception to the application of Subsections |
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(a)(1) through (6) that the actor was younger than 13 years of age |
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at the time the actor engaged in conduct prohibited under those |
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subdivisions and the prohibited conduct occurred at a public school |
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campus during regular school hours. |
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SECTION 4. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 5. This Act takes effect September 1, 2011. |