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A BILL TO BE ENTITLED
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AN ACT
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relating to expulsion of a public school student who commits |
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certain criminal acts involving a computer, computer network, or |
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computer system owned by or operated on behalf of a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.007(b), Education Code, is amended to |
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read as follows: |
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(b) A student may be expelled if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; |
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(2) while on or within 300 feet of school property, as |
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measured from any point on the school's real property boundary |
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line, or while attending a school-sponsored or school-related |
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activity on or off of school property: |
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(A) sells, gives, or delivers to another person |
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or possesses, uses, or is under the influence of any amount of: |
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(i) marihuana or a controlled substance, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; or |
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(iii) an alcoholic beverage, as defined by |
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Section 1.04, Alcoholic Beverage Code; |
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(B) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; |
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(C) engages in conduct that contains the elements |
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of an offense under Section 22.01(a)(1), Penal Code, against a |
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school district employee or a volunteer as defined by Section |
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22.053; or |
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(D) engages in conduct that contains the elements |
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of the offense of deadly conduct under Section 22.05, Penal Code; |
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(3) subject to Subsection (d), while within 300 feet |
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of school property, as measured from any point on the school's real |
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property boundary line: |
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(A) engages in conduct specified by Subsection |
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(a); or |
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(B) possesses a firearm, as defined by 18 U.S.C. |
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Section 921; [or] |
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(4) engages in conduct that contains the elements of |
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any offense listed in Subsection (a)(2)(A) or (C) or the offense of |
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aggravated robbery under Section 29.03, Penal Code, against another |
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student, without regard to whether the conduct occurs on or off of |
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school property or while attending a school-sponsored or |
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school-related activity on or off of school property; or |
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(5) engages in conduct that contains the elements of |
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the offense of breach of computer security under Section 33.02, |
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Penal Code, if the conduct involves accessing a computer, computer |
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network, or computer system owned by or operated on behalf of a |
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school district. |
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SECTION 2. Section 37.007(b)(5), Education Code, as added |
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by this Act, applies only to a student who engages in conduct |
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described by Section 37.007(b)(5) on or after the effective date of |
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this Act. |
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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, 2011. |