1 | 1 | | By: Johnson, et al. (Senate Sponsor - Huffman) H.B. No. 1284 |
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2 | 2 | | (In the Senate - Received from the House April 25, 2013; |
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3 | 3 | | April 29, 2013, read first time and referred to Committee on |
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4 | 4 | | Criminal Justice; May 17, 2013, reported favorably by the |
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5 | 5 | | following vote: Yeas 7, Nays 0; May 17, 2013, sent to printer.) |
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6 | 6 | | |
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7 | 7 | | |
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8 | 8 | | A BILL TO BE ENTITLED |
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9 | 9 | | AN ACT |
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10 | 10 | | relating to the offense of making or causing a false alarm or report |
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11 | 11 | | involving a public or private institution of higher education. |
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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. Subchapter E, Chapter 51, Education Code, is |
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14 | 14 | | amended by adding Section 51.219 to read as follows: |
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15 | 15 | | Sec. 51.219. NOTIFICATION OF PENALTY FOR FALSE ALARM OR |
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16 | 16 | | REPORT. (a) In this section, "institution of higher education" and |
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17 | 17 | | "private or independent institution of higher education" have the |
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18 | 18 | | meanings assigned by Section 61.003. |
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19 | 19 | | (b) Each institution of higher education and private or |
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20 | 20 | | independent institution of higher education shall notify all |
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21 | 21 | | incoming students, as soon as practicable, of the penalty for the |
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22 | 22 | | offense under Section 42.06, Penal Code, of making a false alarm or |
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23 | 23 | | report involving a public or private institution of higher |
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24 | 24 | | education. |
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25 | 25 | | (c) Notwithstanding Subsection (b), a private or |
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26 | 26 | | independent institution of higher education is not required to |
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27 | 27 | | comply with Subsection (b) if the institution determines that |
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28 | 28 | | providing notice as required by that subsection is not feasible. |
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29 | 29 | | This subsection expires August 1, 2014. |
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30 | 30 | | (d) Not later than October 1, 2013, each institution of |
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31 | 31 | | higher education shall notify all enrolled students of the penalty |
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32 | 32 | | for the offense under Section 42.06, Penal Code, of making a false |
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33 | 33 | | alarm or report involving a public or private institution of higher |
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34 | 34 | | education. This subsection expires December 31, 2013. |
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35 | 35 | | SECTION 2. Section 42.06(b), Penal Code, is amended to read |
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36 | 36 | | as follows: |
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37 | 37 | | (b) An offense under this section is a Class A misdemeanor |
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38 | 38 | | unless the false report is of an emergency involving a public or |
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39 | 39 | | private institution of higher education or involving a public |
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40 | 40 | | primary or secondary school, public communications, public |
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41 | 41 | | transportation, public water, gas, or power supply or other public |
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42 | 42 | | service, in which event the offense is a state jail felony. |
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43 | 43 | | SECTION 3. The change in law made by this Act applies only |
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44 | 44 | | to an offense committed on or after the effective date of this Act. |
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45 | 45 | | An offense committed before the effective date of this Act is |
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46 | 46 | | governed by the law in effect on the date the offense was committed, |
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47 | 47 | | and the former law is continued in effect for that purpose. For |
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48 | 48 | | purposes of this section, an offense was committed before the |
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49 | 49 | | effective date of this Act if any element of the offense occurred |
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50 | 50 | | before that date. |
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51 | 51 | | SECTION 4. This Act takes effect immediately if it receives |
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52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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55 | 55 | | Act takes effect September 1, 2013. |
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56 | 56 | | * * * * * |
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