85R26767 MM-D
 
  By: Johnson of Dallas H.B. No. 674
 
  Substitute the following for H.B. No. 674:
 
  By:  Bernal C.S.H.B. No. 674
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the suspension of a student enrolled in a grade level
  below grade three from public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.005, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A student who is enrolled in a grade level below grade
  three may not be placed in out-of-school suspension unless while on
  school property or while attending a school-sponsored or
  school-related activity on or off of school property, the student
  engages in:
               (1)  conduct that contains the elements of an offense
  related to weapons under Section 46.02 or 46.05, Penal Code;
               (2)  conduct that contains the elements of a violent
  offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
  or
               (3)  selling, giving, or delivering to another person
  or possessing, using, or being under the influence of any amount of:
                     (A)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                     (B)  a dangerous drug, as defined by Chapter 483,
  Health and Safety Code; or
                     (C)  an alcoholic beverage, as defined by Section
  1.04, Alcoholic Beverage Code.
         SECTION 2.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.