Texas 2009 - 81st Regular

Texas House Bill HB1020 Compare Versions

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1	1	81R6134 CAE-D
2	2	By: Deshotel H.B. No. 1020
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use, exhibition, or possession of a firearm by
8	8	public school students participating in certain school-sponsored
9	9	programs and activities sponsored or supported by the Parks and
10	10	Wildlife Department.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.007, Education Code, is amended by
13	13	amending Subsection (a) and adding Subsection (k) to read as
14	14	follows:
15	15	(a) Except as provided by Subsection (k), a [A] student
16	16	shall be expelled from a school if the student, on school property
17	17	or while attending a school-sponsored or school-related activity on
18	18	or off of school property:
19	19	(1) uses, exhibits, or possesses:
20	20	(A) a firearm as defined by Section 46.01(3),
21	21	Penal Code;
22	22	(B) an illegal knife as defined by Section
23	23	46.01(6), Penal Code, or by local policy;
24	24	(C) a club as defined by Section 46.01(1), Penal
25	25	Code; or
26	26	(D) a weapon listed as a prohibited weapon under
27	27	Section 46.05, Penal Code;
28	28	(2) engages in conduct that contains the elements of
29	29	the offense of:
30	30	(A) aggravated assault under Section 22.02,
31	31	Penal Code, sexual assault under Section 22.011, Penal Code, or
32	32	aggravated sexual assault under Section 22.021, Penal Code;
33	33	(B) arson under Section 28.02, Penal Code;
34	34	(C) murder under Section 19.02, Penal Code,
35	35	capital murder under Section 19.03, Penal Code, or criminal
36	36	attempt, under Section 15.01, Penal Code, to commit murder or
37	37	capital murder;
38	38	(D) indecency with a child under Section 21.11,
39	39	Penal Code;
40	40	(E) aggravated kidnapping under Section 20.04,
41	41	Penal Code;
42	42	(F) aggravated robbery under Section 29.03,
43	43	Penal Code;
44	44	(G) manslaughter under Section 19.04, Penal
45	45	Code;
46	46	(H) criminally negligent homicide under Section
47	47	19.05, Penal Code; or
48	48	(I) continuous sexual abuse of young child or
49	49	children under Section 21.02, Penal Code; or
50	50	(3) engages in conduct specified by Section
51	51	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
52	52	(k) A student may not be expelled solely on the basis of the
53	53	student's use, exhibition, or possession of a firearm that occurs:
54	54	(1) at an approved target range facility that is not
55	55	located on a school campus; and
56	56	(2) while participating in or preparing for a
57	57	school-sponsored shooting sports competition or a shooting sports
58	58	educational activity that is sponsored or supported by the Parks
59	59	and Wildlife Department or a shooting sports sanctioning
60	60	organization working with the department.
61	61	SECTION 2. This Act applies beginning with the 2009-2010
62	62	school year.
63	63	SECTION 3. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2009.