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A BILL TO BE ENTITLED
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AN ACT
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relating to the mandatory removal of a public school student from |
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the classroom following certain conduct. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006(a), Education Code, is amended to |
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read as follows: |
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(a) A student shall be removed from class and placed in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; or |
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(2) commits the following on or within 300 feet of |
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school property, as measured from any point on the school's real |
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property boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property: |
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(A) engages in conduct punishable as a felony; |
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(B) engages in conduct that contains the elements |
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of the offense of assault under Section 22.01(a)(1), Penal Code; |
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(C) sells, gives, or delivers to another person |
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or possesses or uses or is under the influence of: |
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(i) 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.; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(D) sells, gives, or delivers to another person |
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an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code, commits a serious act or offense while under the |
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influence of alcohol, or possesses, uses, or is under the influence |
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of an alcoholic beverage; |
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(E) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; [or] |
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(F) engages in conduct that contains the elements |
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of the offense of public lewdness under Section 21.07, Penal Code, |
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or indecent exposure under Section 21.08, Penal Code; or |
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(G) engages in conduct that contains the elements |
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of the offense of harassment under Section 42.07, Penal Code, |
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against an employee of the school district. |
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SECTION 2. This Act applies beginning with the 2019-2020 |
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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, 2019. |
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* * * * * |