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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of certain criminal offenses on school |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 45A.453(h), Code of Criminal Procedure, |
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is amended to read as follows: |
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(h) Except as provided by Subsection (i) [and Section |
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37.143(a), Education Code], for a traffic offense or an offense |
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punishable by fine only, a law enforcement officer may issue a |
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citation as provided by Article 14.06 instead of taking a child into |
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custody. |
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SECTION 2. Section 28.025(c), Education Code, is amended to |
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read as follows: |
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(c) A person may receive a diploma if the person is eligible |
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for a diploma under Section 28.0251. In other cases, a student may |
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graduate and receive a diploma only if: |
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(1) the student successfully completes the curriculum |
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requirements identified by the State Board of Education under |
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Subsection (a) and complies with Sections 28.0256, 28.02565, and |
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39.025; or |
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(2) the student successfully completes an |
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individualized education program developed under Section 29.005. |
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SECTION 3. Subchapter B, Chapter 28, Education Code, is |
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amended by adding Section 28.02565 to read as follows: |
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Sec. 28.02565. COMPLETION OF COMMUNITY SERVICE AND PAYMENT |
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OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL |
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GRADUATION. A student who has been convicted of or placed on |
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deferred adjudication community supervision for a school offense, |
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as defined by Section 37.141, may not graduate from high school and |
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receive a diploma unless the court in which the student was |
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convicted certifies to the school district or open-enrollment |
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charter school in which the student is enrolled that the student has |
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discharged all obligations to perform community service and pay |
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fines and costs imposed for that offense. |
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SECTION 4. Section 37.143, Education Code, is amended to |
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read as follows: |
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Sec. 37.143. [CITATION PROHIBITED;] CUSTODY OF CHILD. [(a) |
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A peace officer, law enforcement officer, or school resource |
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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)] 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 5. Section 37.144, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Except as provided by Subsection (a-1), a [A] school |
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district that commissions peace officers under Section 37.081 may |
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develop a system of graduated sanctions that the school district |
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may require to be imposed on a child before a complaint is filed |
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under Section 37.145 against the child for a school offense that is |
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an offense under Section 37.124 or 37.126 or under Section |
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42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted |
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under this section must include multiple graduated sanctions. The |
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system may require: |
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(1) a warning letter to be issued to the child and the |
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child's parent or guardian that specifically states the child's |
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alleged school offense and explains the consequences if the child |
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engages in additional misconduct; |
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(2) a behavior contract with the child that must be |
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signed by the child, the child's parent or guardian, and an employee |
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of the school and that includes a specific description of the |
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behavior that is required or prohibited for the child and the |
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penalties for additional alleged school offenses, including |
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additional disciplinary action or the filing of a complaint in a |
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criminal court; |
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(3) the performance of school-based community service |
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by the child; and |
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(4) the referral of the child to counseling, |
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community-based services, or other in-school or out-of-school |
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services aimed at addressing the child's behavioral problems. |
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(a-1) A school district may not adopt a system of graduated |
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sanctions before filing a complaint under Section 37.145 against a |
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child for a school offense if the conduct that constituted the |
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offense: |
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(1) posed an imminent threat to a teacher's safety; or |
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(2) resulted in physical harm to a teacher. |
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SECTION 6. 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, law enforcement officer, or |
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school resource officer may issue a citation to the child; |
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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: |
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(A) the child fails to comply with or complete |
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graduated sanctions under Section 37.144; or |
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(B) the school district has not elected to adopt |
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a system of graduated sanctions under Section 37.144; or |
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(3) for a school offense described by Section |
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37.144(a-1), the school shall file a complaint against the child |
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with a criminal court in accordance with Section 37.146 unless the |
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school has been notified under Subsection (b) that a peace officer, |
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law enforcement officer, or school resource officer has issued a |
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citation to the child for the alleged offense. |
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(b) A peace officer, law enforcement officer, or school |
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resource officer who issues a citation to a child for a school |
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offense under Subsection (a)(1) shall notify the child's school of |
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the issuance of the citation. |
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(c) A peace officer, law enforcement officer, or school |
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resource officer who issues a citation to a child under Subsection |
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(a)(1) or a school that files a complaint against a child under |
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Subsection (a)(2) or (3) shall immediately provide to the parent of |
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or person standing in parental relation to the child a written |
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notice regarding the issuance of the citation or filing of the |
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complaint that includes: |
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(1) an explanation of the child's and parent's or |
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person's rights under the law related to the issuance of the |
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citation to or filing of the complaint against the child, including |
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the right to legal counsel; and |
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(2) the potential consequences of the issuance of the |
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citation to or filing of the complaint against the child, including |
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the child's possible arrest. |
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(d) The Office of Court Administration of the Texas Judicial |
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System shall adopt a model notice for a peace officer, law |
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enforcement officer, school resource officer, or school to use for |
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purposes of Subsection (c). |
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SECTION 7. Subchapter E-1, Chapter 37, Education Code, is |
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amended by adding Section 37.1455 to read as follows: |
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Sec. 37.1455. REPORT ON CITATIONS. (a) Not later than the |
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60th day after the last day of classes for the school year, a school |
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district or open-enrollment charter school shall provide to the |
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agency, in the form and manner prescribed by commissioner rule, a |
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report on the number of citations issued to students enrolled in the |
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district or school during the preceding school year, disaggregated |
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by: |
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(1) the offense for which the citation was issued; |
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(2) the student's race; |
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(3) the student's sex; |
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(4) the student's age; |
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(5) the student's grade level; |
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(6) whether the student is eligible for the district's |
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or school's special education program under Subchapter A, Chapter |
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29; and |
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(7) whether the student is educationally |
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disadvantaged. |
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(b) The agency shall compile the information reported under |
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Subsection (a) and publish a report on the information on the |
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agency's Internet website. |
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(c) A report required under Subsection (a) or (b) may be |
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combined with another report required under other law. |
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SECTION 8. 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 9. This Act takes effect September 1, 2025. |
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* * * * * |