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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to local law enforcement of certain offenses |
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occurring on public or private school property or at |
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school-sponsored or school-related activities; providing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.015, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (c-1), (g), |
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and (g-1) to read as follows: |
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(a) The principal of a public or private primary or |
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secondary school, or a person designated by the principal under |
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Subsection (d), shall notify the chief administrative officer of |
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the school and any school district police department and the police |
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department of the municipality in which the school is located or, if |
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the school is not in a municipality, the sheriff of the county in |
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which the school is located if the principal has reasonable grounds |
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to believe that any of the following activities occur in school, on |
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school property, or at a school-sponsored or school-related |
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activity on or off school property, whether or not the activity is |
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investigated by school security officers: |
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(1) conduct that may constitute an offense listed |
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under Section 508.149, Government Code; |
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(2) deadly conduct under Section 22.05, Penal Code; |
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(3) a terroristic threat under Section 22.07, Penal |
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Code; |
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(4) the use, sale, or possession of a controlled |
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substance, drug paraphernalia, or marihuana under Chapter 481, |
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Health and Safety Code; |
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(5) the possession of any of the weapons or devices |
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listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal |
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Code; |
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(6) conduct that may constitute a criminal offense |
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under Section 71.02, Penal Code; [or] |
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(7) conduct that may constitute a criminal offense for |
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which a student may be expelled under Section 37.007(a), (d), or |
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(e); |
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(8) conduct that may constitute a criminal offense |
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under Section 20A.02, 20A.03, 21.02, 21.11, 21.12, 21.15, 21.16, |
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21.165, 21.18, 21.19, 22.011, 22.021, 43.23, 43.24, 43.25, 43.26, |
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or 43.262, Penal Code; or |
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(9) conduct that may constitute a felony of the first |
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degree under Section 22.04, Penal Code. |
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(a-1) The chief administrative officer of a public or |
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private primary or secondary school shall notify the applicable law |
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enforcement agency described by Subsection (a) regarding conduct |
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described by that subsection immediately after becoming aware that |
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the principal of the school or the principal's designee under |
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Subsection (d) has failed to report the conduct as required by |
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Subsection (a). |
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(c-1) Immediately after becoming aware of conduct described |
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by Subsection (a), the principal of a public or private primary or |
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secondary school or the principal's designee under Subsection (d) |
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shall provide the notice required by Subsection (a). |
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(g) A principal who fails to report or ensure the |
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principal's designee under Subsection (d) has reported conduct as |
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required by Subsection (a) not later than 48 hours after becoming |
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aware of the conduct or a chief administrative officer who fails to |
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report conduct as required by Subsection (a-1) not later than 48 |
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hours after becoming aware that the principal or the principal's |
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designee did not report the conduct is liable to the state for a |
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civil penalty in the amount of $1,000 for each day after the |
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applicable 48-hour period that the principal, principal's |
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designee, or chief administrative officer fails to report conduct |
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in accordance with this section. The attorney general may sue to |
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collect a civil penalty under this subsection. |
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(g-1) The principal or chief administrative officer of a |
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public primary or secondary school may not use state or local money |
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of the school to pay a civil penalty assessed under Subsection (g). |
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SECTION 2. Section 37.015(c), Education Code, is repealed. |
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SECTION 3. The change in law made by this Act applies only |
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to conduct that occurs on or after the effective date of this Act. |
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Conduct that occurs before the effective date of this Act is |
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governed by the law in effect on the date the conduct occurred, and |
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the former law is continued in effect for that purpose. For the |
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purposes of this section, conduct occurs before the effective date |
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of this Act if any element of the conduct occurred before that date. |
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SECTION 4. This Act takes effect September 1, 2025. |