By: Johnson, et al. (Senate Sponsor - Huffman) H.B. No. 1284
(In the Senate - Received from the House April 25, 2013;
April 29, 2013, read first time and referred to Committee on
Criminal Justice; May 17, 2013, reported favorably by the
following vote: Yeas 7, Nays 0; May 17, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the offense of making or causing a false alarm or report
involving a public or private institution of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 51, Education Code, is
amended by adding Section 51.219 to read as follows:
Sec. 51.219. NOTIFICATION OF PENALTY FOR FALSE ALARM OR
REPORT. (a) In this section, "institution of higher education" and
"private or independent institution of higher education" have the
meanings assigned by Section 61.003.
(b) Each institution of higher education and private or
independent institution of higher education shall notify all
incoming students, as soon as practicable, of the penalty for the
offense under Section 42.06, Penal Code, of making a false alarm or
report involving a public or private institution of higher
education.
(c) Notwithstanding Subsection (b), a private or
independent institution of higher education is not required to
comply with Subsection (b) if the institution determines that
providing notice as required by that subsection is not feasible.
This subsection expires August 1, 2014.
(d) Not later than October 1, 2013, each institution of
higher education shall notify all enrolled students of the penalty
for the offense under Section 42.06, Penal Code, of making a false
alarm or report involving a public or private institution of higher
education. This subsection expires December 31, 2013.
SECTION 2. Section 42.06(b), Penal Code, is amended to read
as follows:
(b) An offense under this section is a Class A misdemeanor
unless the false report is of an emergency involving a public or
private institution of higher education or involving a public
primary or secondary school, public communications, public
transportation, public water, gas, or power supply or other public
service, in which event the offense is a state jail felony.
SECTION 3. 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 4. 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, 2013.
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