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