| 1 | 1 | | 82R23839 EAH-D |
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| 2 | 2 | | By: Giddings, Allen, Elkins, Shelton, et al. H.B. No. 3758 |
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| 3 | 3 | | Substitute the following for H.B. No. 3758: |
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| 4 | 4 | | By: Aycock C.S.H.B. No. 3758 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to prosecution of persons younger than 13 years of age for |
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| 10 | 10 | | offenses involving disorderly conduct, disruption of public school |
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| 11 | 11 | | classes, or disruption of public school transportation. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 37.124, Education Code, is amended by |
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| 14 | 14 | | adding Subsection (d) to read as follows: |
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| 15 | 15 | | (d) It is an exception to the application of Subsection (a) |
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| 16 | 16 | | that the actor was younger than 13 years of age at the time the actor |
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| 17 | 17 | | engaged in conduct prohibited under that subsection. |
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| 18 | 18 | | SECTION 2. Section 37.126, Education Code, is amended by |
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| 19 | 19 | | amending Subsection (a) and adding Subsection (c) to read as |
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| 20 | 20 | | follows: |
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| 21 | 21 | | (a) Except as provided by Section 37.125, a person commits |
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| 22 | 22 | | an offense if the person intentionally disrupts, prevents, or |
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| 23 | 23 | | interferes with the lawful transportation of children: |
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| 24 | 24 | | (1) to or from school on a vehicle owned or operated by |
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| 25 | 25 | | a county or independent school district; or |
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| 26 | 26 | | (2) to or from [or] an activity sponsored by a school |
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| 27 | 27 | | on a vehicle owned or operated by a county or independent school |
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| 28 | 28 | | district. |
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| 29 | 29 | | (c) It is an exception to the application of Subsection |
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| 30 | 30 | | (a)(1) that the actor was younger than 13 years of age at the time |
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| 31 | 31 | | the actor engaged in conduct prohibited under that subdivision. |
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| 32 | 32 | | SECTION 3. Section 42.01, Penal Code, is amended by adding |
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| 33 | 33 | | Subsection (f) to read as follows: |
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| 34 | 34 | | (f) It is an exception to the application of Subsections |
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| 35 | 35 | | (a)(1) through (6) that the actor was younger than 13 years of age |
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| 36 | 36 | | at the time the actor engaged in conduct prohibited under those |
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| 37 | 37 | | subdivisions and the prohibited conduct occurred at a public school |
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| 38 | 38 | | campus during regular school hours. |
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| 39 | 39 | | SECTION 4. The change in law made by this Act applies only |
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| 40 | 40 | | to an offense committed on or after the effective date of this Act. |
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| 41 | 41 | | An offense committed before the effective date of this Act is |
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| 42 | 42 | | governed by the law in effect on the date the offense was committed, |
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| 43 | 43 | | and the former law is continued in effect for that purpose. For |
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| 44 | 44 | | purposes of this section, an offense was committed before the |
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| 45 | 45 | | effective date of this Act if any element of the offense occurred |
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| 46 | 46 | | before that date. |
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| 47 | 47 | | SECTION 5. This Act takes effect September 1, 2011. |
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