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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority to issue a citation for certain Class C |
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misdemeanors committed by certain children on school property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 37.143, Education Code, |
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is amended to read as follows: |
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Sec. 37.143. ISSUANCE OF CITATION [PROHIBITED]; CUSTODY OF |
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CHILD. |
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SECTION 2. Section 37.143(a), Education Code, is amended to |
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read as follows: |
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(a) A peace officer, law enforcement officer, or school |
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resource officer may not issue a citation to a child who is alleged |
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to have committed a school offense unless the child is alleged to |
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have committed the offense while the child was in a disciplinary |
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alternative education program. |
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SECTION 3. 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. If a child is alleged |
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to have committed a school offense: |
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(1) a peace officer, law enforcement officer, or |
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school resource officer may issue a citation to the child, if the |
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issuance of a citation is authorized under Section 37.143; 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 4. 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 5. This Act takes effect September 1, 2021. |