Texas 2009 - 81st Regular

Texas House Bill HB2475 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R10828 CAS-F
2	2	By: Olivo H.B. No. 2475
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to discipline of public school students who fail to report
8	8	possession or use of prescription medication on or near school
9	9	premises, at school or school-related activities, or on a school
10	10	bus.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.005, Education Code, is amended by
13	13	adding Subsections (a-1), (a-2), and (a-3) to read as follows:
14	14	(a-1) Based on a student's disciplinary history, the
15	15	student's intent, the best interests of the school, the best
16	16	interests of the student, the possible use of a lesser punishment,
17	17	and the possible benefits of rehabilitation rather than punishment,
18	18	as determined by the principal or other appropriate administrator,
19	19	a student may, except as provided by Subsection (a-2), be suspended
20	20	under this section if the student, in, on, or within 1,000 feet of
21	21	school premises, as defined by Section 481.134, Health and Safety
22	22	Code, while attending a school-sponsored or school-related
23	23	activity on or off of school premises, or on a school bus, possesses
24	24	or uses a controlled substance, as defined by Chapter 481, Health
25	25	and Safety Code, or by 21 U.S.C. Section 801 et seq., or a dangerous
26	26	drug, as defined by Chapter 483, Health and Safety Code, if:
27	27	(1) the substance or drug has been prescribed to the
28	28	student as medication as indicated by the lawfully issued
29	29	prescription label;
30	30	(2) the student has failed to follow school procedures
31	31	for reporting to school personnel the student's possession or use
32	32	of the substance or drug; and
33	33	(3) there is reason to believe that the student's
34	34	possession or use of the substance or drug is for the student's
35	35	personal medical needs.
36	36	(a-2) A principal or other appropriate administrator shall
37	37	suspend under this section a student who has been determined to have
38	38	engaged in conduct as described by Subsection (a-1) more than one
39	39	time.
40	40	(a-3) Notwithstanding any other law, a student may not be
41	41	issued a citation for engaging in conduct described by Subsection
42	42	(a-1).
43	43	SECTION 2. Section 37.006, Education Code, is amended by
44	44	adding Subsection (q) to read as follows:
45	45	(q) Notwithstanding any other provision of this section,
46	46	based on a student's disciplinary history, the student's intent,
47	47	the best interests of the school, the best interests of the student,
48	48	the possible use of a lesser punishment, and the possible benefits
49	49	of rehabilitation rather than punishment, as determined by the
50	50	school principal or other appropriate administrator, a student may,
51	51	except as provided by Sections 37.005(a-1) and (a-2), be removed
52	52	from class and placed in a disciplinary alternative education
53	53	program as provided by Section 37.008 if the student engages in
54	54	conduct as described by Section 37.005(a-1).
55	55	SECTION 3. Section 37.007, Education Code, is amended by
56	56	adding Subsection (b-1) to read as follows:
57	57	(b-1) In determining whether to expel a student under
58	58	Subsection (b) for possession or use of a controlled substance, as
59	59	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
60	60	Section 801 et seq., or a dangerous drug, as defined by Chapter 483,
61	61	Health and Safety Code, the school principal shall consider the
62	62	student's disciplinary history, the student's intent, the best
63	63	interests of the school, the best interests of the student, the
64	64	possible use of a lesser punishment, and the possible benefits of
65	65	rehabilitation rather than punishment if:
66	66	(1) the substance or drug has been prescribed to the
67	67	student as medication as indicated by the lawfully issued
68	68	prescription label;
69	69	(2) the student has failed to follow school procedures
70	70	for reporting to school personnel the student's possession or use
71	71	of the substance or drug; and
72	72	(3) there is reason to believe that the student's
73	73	possession or use of the substance or drug is for the student's
74	74	personal medical needs.
75	75	SECTION 4. This Act applies beginning with the 2009-2010
76	76	school year.
77	77	SECTION 5. This Act takes effect immediately if it receives
78	78	a vote of two-thirds of all the members elected to each house, as
79	79	provided by Section 39, Article III, Texas Constitution. If this
80	80	Act does not receive the vote necessary for immediate effect, this
81	81	Act takes effect September 1, 2009.