81R4891 CAS-D
By: Farrar H.B. No. 683
A BILL TO BE ENTITLED
AN ACT
relating to contact between a public school student who assaults
another student and the student victim.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. CONTACT BETWEEN STUDENT WHO COMMITS ASSAULT
AND STUDENT VICTIM. (a) This section applies only to:
(1) a student who:
(A) has been convicted of an offense described by
Section 37.006(a)(2)(B) or 37.007(a)(2)(A);
(B) has been found by a court to have engaged in
delinquent conduct on the basis of conduct described by Section
37.006(a)(2)(B) or 37.007(a)(2)(A); or
(C) has been accused of committing an offense
described by Section 37.006(a)(2)(B) or 37.007(a)(2)(A) or of
engaging in conduct that contains the elements of such an offense,
and has had a protective order issued against the student in
connection with the alleged offense or conduct; and
(2) a student who is the victim of conduct described by
Subdivision (1).
(b) A student who is a victim to whom Subsection (a)(2)
applies and who is assigned to the same campus as the student who
committed the offense or engaged in the conduct may notify a
counselor at the campus, or in the student's school district if the
campus does not have a counselor, of the offense or other conduct
and request that the counselor attempt to ensure limited contact
between the victim and the other student in the manner provided by
Subsection (c).
(c) For purposes of this subsection, "parent" includes a
person standing in parental relation. On receiving a request under
Subsection (b) from a student who is a victim, the counselor shall
suggest to the parent of the student who committed the offense or
engaged in the conduct that the parent attempt to transfer the
student to or enroll the student in another school. If the
student's parent refuses or is unable to transfer the student to or
enroll the student in another school, the counselor shall develop a
plan for ensuring that the student and the student who is the victim
have limited contact during the school day and during any
extracurricular activities. The counselor shall coordinate with
the parent of the student who committed the offense or engaged in
the conduct and the parent of the victim separately in developing
the plan.
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.