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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement and punishment of certain prohibited |
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conduct that occurs on a public school campus or on a vehicle owned |
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by a county or school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45.058, Code of Criminal Procedure, is |
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amended by adding Subsections (i) and (j) to read as follows: |
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(i) If a law enforcement officer issues a citation or files |
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a complaint in the manner provided by Article 45.018 for conduct by |
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a child 12 years of age or older that is alleged to have occurred on |
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school property or on a vehicle owned or operated by a county or |
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independent school district, the officer shall submit to the court |
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the offense report, a statement by a witness to the alleged conduct, |
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and a statement by a victim of the alleged conduct, if any. An |
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attorney representing the state may not proceed in a trial of an |
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offense unless the law enforcement officer complied with the |
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requirements of this subsection. |
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(j) Notwithstanding Subsection (g) or (g-1), a law |
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enforcement officer may not issue a citation or file a complaint in |
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the manner provided by Article 45.018 for conduct by a child younger |
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than 12 years of age that is alleged to have occurred on school |
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property or on a vehicle owned or operated by a county or |
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independent school district. |
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SECTION 2. Subsection (a), Section 37.001, Education Code, |
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is amended to read as follows: |
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(a) The board of trustees of an independent school district |
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shall, with the advice of its district-level committee established |
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under Subchapter F, Chapter 11, adopt a student code of conduct for |
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the district. The student code of conduct must be posted and |
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prominently displayed at each school campus or made available for |
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review at the office of the campus principal. In addition to |
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establishing standards for student conduct, the student code of |
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conduct must: |
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(1) specify the circumstances, in accordance with this |
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subchapter, under which a student may be removed from a classroom, |
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campus, [or] disciplinary alternative education program, or |
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vehicle owned or operated by the district; |
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(2) specify conditions that authorize or require a |
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principal or other appropriate administrator to transfer a student |
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to a disciplinary alternative education program; |
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(3) outline conditions under which a student may be |
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suspended as provided by Section 37.005 or expelled as provided by |
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Section 37.007; |
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(4) specify that consideration will be given, as a |
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factor in each decision concerning suspension, removal to a |
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disciplinary alternative education program, expulsion, or |
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placement in a juvenile justice alternative education program, |
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regardless of whether the decision concerns a mandatory or |
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discretionary action, to: |
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(A) self-defense; |
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(B) intent or lack of intent at the time the |
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student engaged in the conduct; |
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(C) a student's disciplinary history; or |
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(D) a disability that substantially impairs the |
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student's capacity to appreciate the wrongfulness of the student's |
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conduct; |
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(5) provide guidelines for setting the length of a |
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term of: |
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(A) a removal under Section 37.006; and |
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(B) an expulsion under Section 37.007; |
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(6) address the notification of a student's parent or |
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guardian of a violation of the student code of conduct committed by |
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the student that results in suspension, removal to a disciplinary |
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alternative education program, or expulsion; |
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(7) prohibit bullying, harassment, and making hit |
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lists and ensure that district employees enforce those |
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prohibitions; and |
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(8) provide, as appropriate for students at each grade |
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level, methods, including options, for: |
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(A) managing students in the classroom, [and] on |
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school grounds, and on a vehicle owned or operated by the district; |
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(B) disciplining students; and |
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(C) preventing and intervening in student |
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discipline problems, including bullying, harassment, and making |
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hit lists. |
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SECTION 3. Subsections (b) and (f), Section 37.081, |
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Education Code, are amended to read as follows: |
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(b) In a peace officer's jurisdiction, a peace officer |
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commissioned under this section: |
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(1) has the powers, privileges, and immunities of |
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peace officers; |
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(2) may enforce all laws, including municipal |
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ordinances, county ordinances, and state laws; and |
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(3) may, in accordance with Chapter 52, Family Code, |
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or Article 45.058, Code of Criminal Procedure, take a child |
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[juvenile] into custody. |
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(f) The chief of police of the school district police |
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department shall be accountable to the superintendent and shall |
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report to the superintendent [or the superintendent's designee]. |
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School district police officers shall be supervised by the chief of |
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police of the school district or the chief of police's designee and |
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shall be licensed by the Commission on Law Enforcement Officer |
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Standards and Education. |
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SECTION 4. Subsection (a), Section 37.124, Education Code, |
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is amended to read as follows: |
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(a) A person other than a primary or secondary grade student |
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commits an offense if the person, on school property or on public |
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property within 500 feet of school property, alone or in concert |
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with others, intentionally disrupts the conduct of classes or other |
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school activities. |
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SECTION 5. Subsection (a), Section 37.126, Education Code, |
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is amended to read as follows: |
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(a) Except as provided by Section 37.125, a person other |
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than a primary or secondary grade student commits an offense if the |
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person intentionally disrupts, prevents, or interferes with the |
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lawful transportation of children to or from school or an activity |
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sponsored by a school on a vehicle owned or operated by a county or |
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independent school district. |
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SECTION 6. Section 42.01, Penal Code, is amended by adding |
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Subsection (a-1) to read as follows: |
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(a-1) For purposes of Subsection (a), the term "public |
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place" includes a public school campus or school grounds on which a |
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public school is located. |
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SECTION 7. The changes in law made by this Act in amending |
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Article 45.058, Code of Criminal Procedure, Sections 37.124 and |
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37.126, Education Code, and Section 42.01, Penal Code, apply 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 8. This Act takes effect September 1, 2011. |