Texas 2011 - 82nd Regular

Texas Senate Bill SB217 Compare Versions

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1	1	By: Huffman S.B. No. 217
2	2	(In the Senate - Filed November 17, 2010; January 31, 2011,
3	3	read first time and referred to Committee on Education;
4	4	March 30, 2011, reported favorably by the following vote: Yeas 9,
5	5	Nays 0; March 30, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to expulsion of a public school student who commits
11	11	certain criminal acts involving a computer, computer network, or
12	12	computer system owned by or operated on behalf of a school district.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subsection (b), Section 37.007, Education Code,
15	15	is amended to read as follows:
16	16	(b) A student may be expelled if the student:
17	17	(1) engages in conduct involving a public school that
18	18	contains the elements of the offense of false alarm or report under
19	19	Section 42.06, Penal Code, or terroristic threat under Section
20	20	22.07, Penal Code;
21	21	(2) while on or within 300 feet of school property, as
22	22	measured from any point on the school's real property boundary
23	23	line, or while attending a school-sponsored or school-related
24	24	activity on or off of school property:
25	25	(A) sells, gives, or delivers to another person
26	26	or possesses, uses, or is under the influence of any amount of:
27	27	(i) marihuana or a controlled substance, as
28	28	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
29	29	Section 801 et seq.;
30	30	(ii) a dangerous drug, as defined by
31	31	Chapter 483, Health and Safety Code; or
32	32	(iii) an alcoholic beverage, as defined by
33	33	Section 1.04, Alcoholic Beverage Code;
34	34	(B) engages in conduct that contains the elements
35	35	of an offense relating to an abusable volatile chemical under
36	36	Sections 485.031 through 485.034, Health and Safety Code;
37	37	(C) engages in conduct that contains the elements
38	38	of an offense under Section 22.01(a)(1), Penal Code, against a
39	39	school district employee or a volunteer as defined by Section
40	40	22.053; or
41	41	(D) engages in conduct that contains the elements
42	42	of the offense of deadly conduct under Section 22.05, Penal Code;
43	43	(3) subject to Subsection (d), while within 300 feet
44	44	of school property, as measured from any point on the school's real
45	45	property boundary line:
46	46	(A) engages in conduct specified by Subsection
47	47	(a); or
48	48	(B) possesses a firearm, as defined by 18 U.S.C.
49	49	Section 921; [or]
50	50	(4) engages in conduct that contains the elements of
51	51	any offense listed in Subsection (a)(2)(A) or (C) or the offense of
52	52	aggravated robbery under Section 29.03, Penal Code, against another
53	53	student, without regard to whether the conduct occurs on or off of
54	54	school property or while attending a school-sponsored or
55	55	school-related activity on or off of school property; or
56	56	(5) engages in conduct that contains the elements of
57	57	the offense of breach of computer security under Section 33.02,
58	58	Penal Code, if the conduct involves accessing a computer, computer
59	59	network, or computer system owned by or operated on behalf of a
60	60	school district.
61	61	SECTION 2. Subdivision (5), Subsection (b), Section 37.007,
62	62	Education Code, as added by this Act, applies only to a student who
63	63	engages in conduct described by Subdivision (5), Subsection (b),
64	64	Section 37.007 on or after the effective date of this Act.
65	65	SECTION 3. This Act takes effect immediately if it receives
66	66	a vote of two-thirds of all the members elected to each house, as
67	67	provided by Section 39, Article III, Texas Constitution. If this
68	68	Act does not receive the vote necessary for immediate effect, this
69	69	Act takes effect September 1, 2011.
70	70	* * * * *