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A BILL TO BE ENTITLED
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AN ACT
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relating to the suspension of a student enrolled in a grade level |
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below grade three from public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.005, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A student who is enrolled in a grade level below grade |
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three may not be placed in out-of-school suspension unless while on |
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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, the student |
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engages in: |
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(1) conduct that contains the elements of an offense |
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related to weapons under Section 46.02 or 46.05, Penal Code; |
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(2) conduct that contains the elements of a violent |
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offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code; |
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or |
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(3) selling, giving, or delivering to another person |
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or possessing, using, or being under the influence of any amount of: |
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(A) 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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(B) a dangerous drug, as defined by Chapter 483, |
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Health and Safety Code; or |
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(C) an alcoholic beverage, as defined by Section |
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1.04, Alcoholic Beverage Code. |
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SECTION 2. This Act applies beginning with the 2017-2018 |
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school year. |
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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, 2017. |