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A BILL TO BE ENTITLED
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AN ACT
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relating to the offense of making or causing a false alarm or report |
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involving a public or private institution of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 51, Education Code, is |
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amended by adding Section 51.219 to read as follows: |
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Sec. 51.219. NOTIFICATION OF PENALTY FOR FALSE ALARM OR |
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REPORT. (a) In this section, "institution of higher education" and |
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"private or independent institution of higher education" have the |
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meanings assigned by Section 61.003. |
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(b) Each institution of higher education and private or |
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independent institution of higher education shall notify all |
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incoming students, as soon as practicable, of the penalty for the |
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offense under Section 42.06, Penal Code, of making a false alarm or |
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report involving a public or private institution of higher |
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education. |
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(c) Notwithstanding Subsection (b), a private or |
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independent institution of higher education is not required to |
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comply with Subsection (b) if the institution determines that |
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providing notice as required by that subsection is not feasible. |
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This subsection expires August 1, 2014. |
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(d) Not later than October 1, 2013, each institution of |
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higher education shall notify all enrolled students of the penalty |
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for the offense under Section 42.06, Penal Code, of making a false |
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alarm or report involving a public or private institution of higher |
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education. This subsection expires December 31, 2013. |
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SECTION 2. Section 42.06(b), Penal Code, is amended to read |
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as follows: |
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(b) An offense under this section is a Class A misdemeanor |
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unless the false report is of an emergency involving a public or |
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private institution of higher education or involving a public |
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primary or secondary school, public communications, public |
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transportation, public water, gas, or power supply or other public |
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service, in which event the offense is a state jail felony. |
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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 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 4. 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, 2013. |