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A BILL TO BE ENTITLED
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AN ACT
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relating to the issuance of citations to certain public school |
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students on school property during regular school hours or on a |
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vehicle owned or operated by a county or independent school |
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district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 37, Education Code, is |
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amended by adding Section 37.086 to read as follows: |
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Sec. 37.086. ISSUANCE OF CITATIONS TO CERTAIN STUDENTS. (a) |
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A peace officer may not require a student who is younger than 12 |
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years of age to sign a citation issued to the student on school |
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property during regular school hours. |
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(b) If the student's parent or guardian is unable to be |
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present when a citation is issued to a student under this section, a |
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school administrator or teacher shall sign the citation on behalf |
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of the student for the sole purpose of witnessing and acknowledging |
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the issuance of the citation. In signing the citation, the |
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administrator or teacher is not making a legal commitment or |
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otherwise assuming a responsibility of the student or the student's |
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parent or guardian in any subsequent court proceeding concerning |
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the citation. |
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(c) Not later than the second business day after the date a |
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citation is issued as provided by Subsection (b), a school official |
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must notify the student's parent or guardian by phone, by mail, or |
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in person of the issuance of the citation. |
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SECTION 2. Section 37.126(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 37.125, a person other |
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than a student who is younger than 12 years of age commits an
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offense if the person intentionally disrupts, prevents, or |
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interferes with the lawful transportation of children to or from |
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school or an activity sponsored by a school on a vehicle owned or |
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operated by a county or independent school district. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after September 1, 2011. An offense |
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committed before September 1, 2011, is governed by the law in effect |
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when the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before September 1, 2011, if any element of the |
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offense was committed before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |