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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a school district peace officer |
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commissioned by certain school districts located in certain |
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counties to issue citations to a child for certain Class C |
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misdemeanor offenses committed on school property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SECTION 1. Section 37.143, Education Code, is |
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amended to read as follows: |
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Sec. 37.143. ISSUANCE OF CITATION [PROHIBITED]; CUSTODY OF |
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CHILD. (a) Except as provided by Subsection (b), a [A] peace |
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officer may not issue a citation to a child who is alleged to have |
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committed a school offense. |
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(b) A peace officer commissioned under Section 37.081 may |
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issue a citation to a child who is alleged to have committed a |
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school offense if the offense is alleged to have occurred at a |
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campus of a school district with an enrollment of at least 27,500 |
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students that is located in a county with a population greater than |
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270,000 but less than 290,000. |
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(c) This subchapter does not prohibit a child from being |
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taken into custody under Section 52.01, Family Code. |
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SECTION 2. Section 37.145, Education Code, is amended to |
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read as follows: |
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Sec. 37.145. CITATION OR COMPLAINT. (a) If a child is |
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alleged to have committed a school offense: |
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(1) a peace officer commissioned under Section 37.081 |
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may issue a citation to the child for an offense punishable as a |
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Class C misdemeanor under Section 22.01(a)(2) or (3), 42.01, or |
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49.02, Penal Code, or under Section 481.125, Health and Safety |
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Code, if the offense is alleged to have occurred at a campus of a |
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school district with an enrollment of at least 27,500 students that |
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is located in a county with a population greater than 270,000 but |
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less than 290,000; or |
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(2) [If a child fails to comply with or complete
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graduated sanctions under Section 37.144, or if the school district
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has not elected to adopt a system of graduated sanctions under that
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section,] the school may file a complaint against the child with a |
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criminal court in accordance with Section 37.146, if the child |
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fails to comply with or complete graduated sanctions under Section |
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37.144 or if the school district has not elected to adopt a system |
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of graduated sanctions under that section. |
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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 September 1, 2015. |