By: Deshotel, et al. (Senate Sponsor - Hinojosa) H.B. No. 1020
(In the Senate - Received from the House May 5, 2009;
May 6, 2009, read first time and referred to Committee on
Education; May 15, 2009, reported favorably by the following vote:
Yeas 5, Nays 0; May 15, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the use, exhibition, or possession of a firearm by
public school students participating in certain school-sponsored
programs and activities sponsored or supported by the Parks and
Wildlife Department.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.007, Education Code, is amended by
amending Subsection (a) and adding Subsections (k) and (l) to read
as follows:
(a) Except as provided by Subsection (k), a [A] student
shall be expelled from a school if the student, on school property
or while attending a school-sponsored or school-related activity on
or off of school property:
(1) uses, exhibits, or possesses:
(A) a firearm as defined by Section 46.01(3),
Penal Code;
(B) an illegal knife as defined by Section
46.01(6), Penal Code, or by local policy;
(C) a club as defined by Section 46.01(1), Penal
Code; or
(D) a weapon listed as a prohibited weapon under
Section 46.05, Penal Code;
(2) engages in conduct that contains the elements of
the offense of:
(A) aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
(B) arson under Section 28.02, Penal Code;
(C) murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Section 15.01, Penal Code, to commit murder or
capital murder;
(D) indecency with a child under Section 21.11,
Penal Code;
(E) aggravated kidnapping under Section 20.04,
Penal Code;
(F) aggravated robbery under Section 29.03,
Penal Code;
(G) manslaughter under Section 19.04, Penal
Code;
(H) criminally negligent homicide under Section
19.05, Penal Code; or
(I) continuous sexual abuse of young child or
children under Section 21.02, Penal Code; or
(3) engages in conduct specified by Section
37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
(k) A student may not be expelled solely on the basis of the
student's use, exhibition, or possession of a firearm that occurs:
(1) at an approved target range facility that is not
located on a school campus; and
(2) while participating in or preparing for a
school-sponsored shooting sports competition or a shooting sports
educational activity that is sponsored or supported by the Parks
and Wildlife Department or a shooting sports sanctioning
organization working with the department.
(l) Subsection (k) does not authorize a student to bring a
firearm on school property to participate in or prepare for a
school-sponsored shooting sports competition or a shooting sports
educational activity described by that subsection.
SECTION 2. This Act applies beginning with the 2009-2010
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, 2009.
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