Texas 2013 - 83rd Regular

Texas House Bill HB2450 Compare Versions

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1	1	83R24368 GCB-D
2	2	By: Raymond H.B. No. 2450
3	3	Substitute the following for H.B. No. 2450:
4	4	By: Allen C.S.H.B. No. 2450
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to a pilot program operated by certain public or private
10	10	primary or secondary or open-enrollment charter schools in Webb
11	11	County concerning searches and drug testing of students with
12	12	parental consent and certain disciplinary measures and other
13	13	procedures that may arise from such a search or test.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 37, Education Code, is amended by adding
16	16	Subchapter A-1 to read as follows:
17	17	SUBCHAPTER A-1. ALTERNATIVE DISCIPLINE PILOT PROGRAM
18	18	Sec. 37.031. DEFINITIONS. In this subchapter, "controlled
19	19	substance" and "marihuana" have the meanings assigned by Section
20	20	481.002, Health and Safety Code.
21	21	Sec. 37.032. PILOT PROGRAM. A public school district,
22	22	private school, or open-enrollment charter school in Webb County
23	23	may operate a pilot program described by this subchapter to
24	24	determine whether the conduct of parental-consent searches of
25	25	students and parental-consent drug or alcohol tests of students and
26	26	the subsequent use of alternative juvenile discipline procedures
27	27	for those students are effective in reducing drug or alcohol use
28	28	while minimizing involvement in the criminal justice system for
29	29	matters related to drug or alcohol use.
30	30	Sec. 37.033. PARENTAL-CONSENT SEARCH. (a) In a public
31	31	school district or private primary or secondary school or
32	32	open-enrollment charter school operating a pilot program under this
33	33	subchapter, a school principal who reasonably suspects a student
34	34	possesses alcohol, marihuana, or a controlled substance may seek
35	35	written consent from the parent or guardian of the student to search
36	36	the student and the possessions of the student for alcohol,
37	37	marihuana, or a controlled substance. If the student's parent or
38	38	guardian provides written consent for the search, the principal or
39	39	the principal's designee may conduct the search in accordance with
40	40	rules adopted by the board of trustees of a district or governing
41	41	body of the private school or charter school under Section 37.035.
42	42	(b) The principal of a public or private primary or
43	43	secondary school or open-enrollment charter school or the
44	44	principal's designee that conducts a search under this section
45	45	shall confiscate any alcohol, marihuana, or controlled substance
46	46	discovered in the search and shall immediately inform a local law
47	47	enforcement agency. A local law enforcement agency that receives
48	48	notice under this subsection shall take possession of the alcohol,
49	49	marihuana, or controlled substance as soon as practicable but in no
50	50	case later than 72 hours after the agency receives notice.
51	51	(c) A student may not be searched under this section more
52	52	than one time in a week.
53	53	Sec. 37.034. PARENTAL-CONSENT DRUG OR ALCOHOL TESTS. (a)
54	54	In a public school district or private primary or secondary school
55	55	or open-enrollment charter school operating a pilot program under
56	56	this subchapter, a school principal may seek written consent from
57	57	the parent or guardian of a student younger than 17 years of age to
58	58	perform a nonintrusive drug or alcohol test on the student if the
59	59	principal reasonably believes that the student is using alcohol,
60	60	marihuana, or a controlled substance.
61	61	(b) A parent or guardian of a student younger than 17 years
62	62	of age may request in writing that the school perform a nonintrusive
63	63	drug or alcohol test on the student under this section if the parent
64	64	or guardian reasonably believes that the student is using alcohol,
65	65	marihuana, or a controlled substance.
66	66	(c) A school that receives the written consent of a parent
67	67	or guardian under Subsection (a) or a request in writing from a
68	68	parent or guardian under Subsection (b) may perform a nonintrusive
69	69	drug or alcohol test on the student in accordance with the rules and
70	70	procedures adopted by the board of trustees of the district or
71	71	governing body of the private school or open-enrollment charter
72	72	school under Section 37.035.
73	73	(d) If a student tests positive in a nonintrusive drug or
74	74	alcohol test administered under this section, a second test must be
75	75	administered as soon as practicable to confirm the positive test
76	76	results. The principal must send all positive or negative test
77	77	results to the student's parent or guardian.
78	78	(e) A school that performs a nonintrusive drug or alcohol
79	79	test on a student under this section may request the student's
80	80	parent or guardian to reimburse the school for the cost of the drug
81	81	or alcohol test.
82	82	(f) A school may seek any available federal, state, or
83	83	private funds, grants, or donations to defray costs of performing
84	84	nonintrusive drug or alcohol tests under this section.
85	85	(g) This section does not prohibit or otherwise affect any
86	86	other drug or alcohol testing program conducted by or on behalf of a
87	87	school or school district.
88	88	(h) A student may not be administered a nonintrusive drug or
89	89	alcohol test under this section more than one time in a month.
90	90	Sec. 37.035. RULES REGARDING PARENTAL-CONSENT SEARCH AND
91	91	DRUG OR ALCOHOL TEST. (a) The board of trustees of a school
92	92	district or governing body of a private school or open-enrollment
93	93	charter school that operates a pilot program under this subchapter
94	94	shall adopt rules concerning searches conducted under Section
95	95	37.033 and drug or alcohol tests administered under Section 37.034.
96	96	(b) In adopting rules under this section, the board or
97	97	governing body shall:
98	98	(1) develop a written consent form to be used by the
99	99	parent or guardian to consent to a search or drug or alcohol test;
100	100	(2) provide that in the case where only one parent or
101	101	guardian has authority to consent, pursuant to a custody agreement
102	102	or any applicable court order, the consent of that parent is
103	103	sufficient for purposes of this subchapter;
104	104	(3) specify that a principal of a school operating a
105	105	pilot program under this subchapter may designate an appropriate
106	106	staff member to conduct searches or drug or alcohol tests under this
107	107	subchapter; and
108	108	(4) ensure that a search or drug or alcohol test
109	109	conducted under the pilot program operated under this subchapter
110	110	does not result in the student's involvement in the criminal
111	111	justice system, including by receiving a citation or by being
112	112	confined.
113	113	Sec. 37.036. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
114	114	POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH OR DRUG OR ALCOHOL
115	115	TESTING. (a) Notwithstanding Section 37.007(b) and except as
116	116	otherwise provided by Subsection (c), a student found to be in
117	117	violation of law or school policy based on a parental-consent
118	118	search or a parental-consent drug or alcohol test conducted under a
119	119	pilot program operated under this subchapter may not be expelled
120	120	for the violation unless the student fails to comply with any
121	121	requirements imposed under Subsection (b).
122	122	(b) A student found to be in violation of law or school
123	123	policy based on a parental-consent search or a parental-consent
124	124	drug or alcohol test conducted under a pilot program operated under
125	125	this subchapter may, with the consent of the student's parent or
126	126	guardian, be subject to compulsory attendance at a substance abuse
127	127	treatment program established under Section 37.038.
128	128	(c) If after a search conducted under Section 37.033 a
129	129	student is found in possession of alcohol, marihuana, or a
130	130	controlled substance for the second or subsequent time during a
131	131	one-year period, or if the student tests positive for drugs or
132	132	alcohol under Section 37.034 for the second or subsequent time
133	133	during a one-year period, notwithstanding rules adopted under
134	134	Section 37.035, the student is subject to all disciplinary measures
135	135	according to school policy or other applicable law.
136	136	Sec. 37.037. SCHOOL JUVENILE CASE MANAGER. (a) The board of
137	137	trustees of a school district or governing body of a private school
138	138	or an open-enrollment charter school operating a pilot program
139	139	under this subchapter may employ a juvenile case manager in the
140	140	manner provided by Article 45.056, Code of Criminal Procedure, to
141	141	provide services in a special juvenile docket composed of those
142	142	juvenile cases arising from a parental-consent search or a
143	143	parental-consent drug or alcohol test conducted under a pilot
144	144	program operated under this subchapter.
145	145	(b) If a private school, school district, or charter school
146	146	operating a pilot program under this subchapter is within the
147	147	jurisdiction of a designated juvenile court in the county and the
148	148	district or school employs a school juvenile case manager, the case
149	149	manager shall assist the court in administering the special
150	150	juvenile docket described by Subsection (a).
151	151	(c) In presiding over the special juvenile docket described
152	152	by Subsection (a), the judge of the designated juvenile court in the
153	153	county shall coordinate with the school juvenile case manager and
154	154	the private school, school district, or charter school to provide
155	155	alternative juvenile discipline solutions that do not involve the
156	156	student's involvement in the criminal justice system.
157	157	(d) A designated juvenile court in the county may coordinate
158	158	with a school juvenile case manager employed by a private school,
159	159	school district, or charter school and the private school, school
160	160	district, or charter school to establish a special juvenile
161	161	disciplinary drug-intervention program for students of the private
162	162	school, school district, or charter school whose juvenile cases are
163	163	in the special juvenile docket described by Subsection (a).
164	164	Sec. 37.038. SUBSTANCE ABUSE TREATMENT PROGRAM. The board
165	165	of trustees of a school district or governing body of an
166	166	open-enrollment charter school or private school that operates a
167	167	pilot program under this subchapter may cooperate with the juvenile
168	168	board of the county, the local juvenile probation department, or
169	169	any designated juvenile court in the county in establishing a
170	170	substance abuse treatment program for students who violate a law or
171	171	school policy by engaging in prohibited conduct related to the use,
172	172	possession, or delivery of alcohol, marihuana, or a controlled
173	173	substance.
174	174	Sec. 37.039. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
175	175	CERTAIN CASES ON COMPLETION OF SUBSTANCE ABUSE TREATMENT PROGRAM.
176	176	(a) This section applies only to a child who, based on evidence
177	177	obtained pursuant to a parental-consent search or a
178	178	parental-consent drug or alcohol test conducted under a pilot
179	179	program operated under this subchapter, is alleged to have engaged
180	180	in conduct indicating a need for supervision or delinquent conduct.
181	181	(b) A juvenile court may defer adjudication proceedings
182	182	under Section 54.03, Family Code, for not more than 180 days if a
183	183	child described by Subsection (a) presents to the court a written
184	184	request to attend a substance abuse treatment program under Section
185	185	37.038.
186	186	(c) A child for whom adjudication proceedings are deferred
187	187	under Subsection (b) shall complete the substance abuse treatment
188	188	program not later than the 90th day after the date the hearing to
189	189	determine punishment is held or the last day of the deferral period,
190	190	whichever date is earlier. The court shall dismiss the case with
191	191	prejudice at the time the child presents satisfactory evidence that
192	192	the child has successfully completed the substance abuse treatment
193	193	program.
194	194	(d) A case dismissed under this section may not be part of
195	195	the child's records for any purpose.
196	196	Sec. 37.040. REPORT. The board of trustees of a school
197	197	district or the governing body of an open-enrollment charter school
198	198	that operates an alternative discipline pilot program under this
199	199	subchapter shall, not later than December 1, 2014, submit a report
200	200	containing the board or governing body's conclusions regarding
201	201	whether the pilot program reduced drug or alcohol use and related
202	202	involvement in the criminal justice system among students to:
203	203	(1) the governor;
204	204	(2) the lieutenant governor;
205	205	(3) the speaker of the house of representatives; and
206	206	(4) the presiding officers of the standing committees
207	207	of the senate and house of representatives having primary
208	208	jurisdiction over education issues and over criminal justice
209	209	issues.
210	210	Sec. 37.041. CONCLUSION; EXPIRATION. A pilot program
211	211	operated under this subchapter concludes and this subchapter
212	212	expires June 15, 2015.
213	213	SECTION 2. Section 58.003, Family Code, is amended by
214	214	adding Subsections (c-7), (d-1), and (d-2) to read as follows:
215	215	(c-7) This subsection applies only to a child who, based on
216	216	evidence obtained pursuant to a parental-consent search or a
217	217	parental-consent drug or alcohol test conducted under a pilot
218	218	program operated under Subchapter A-1, Chapter 37, Education Code,
219	219	is adjudicated to have engaged in conduct indicating a need for
220	220	supervision or delinquent conduct. Notwithstanding Subsections
221	221	(a) and (c) and subject to Subsection (b), a juvenile court may
222	222	order the sealing of records concerning a child described by this
223	223	subsection if the child successfully completed a program described
224	224	by Section 37.038, Education Code, or graduated from high school or
225	225	received the child's certificate of high school equivalency. The
226	226	court may:
227	227	(1) order the sealing of the records immediately and
228	228	without a hearing; or
229	229	(2) hold a hearing to determine whether to seal the
230	230	records.
231	231	(d-1) The court may grant the relief authorized under
232	232	Subsection (c-7) at any time after the child satisfies the
233	233	requirements of that subsection. If the child is referred to the
234	234	juvenile court for conduct constituting any offense and at the
235	235	adjudication hearing the child is found to be not guilty of each
236	236	offense alleged, the court shall immediately and without any
237	237	additional hearing order the sealing of all files and records
238	238	relating to the case.
239	239	(d-2) This subsection and Subsections (c-7) and (d-1)
240	240	expire June 15, 2015.
241	241	SECTION 3. Notwithstanding Section 58.003(d-2), Family
242	242	Code, as added by this Act, on or after June 15, 2015, a court may
243	243	order the sealing of juvenile court records of a child entitled
244	244	before that date to the sealing of records under Section
245	245	58.003(c-7), Family Code, as added by this Act.
246	246	SECTION 4. This Act takes effect immediately if it receives
247	247	a vote of two-thirds of all the members elected to each house, as
248	248	provided by Section 39, Article III, Texas Constitution. If this
249	249	Act does not receive the vote necessary for immediate effect, this
250	250	Act takes effect September 1, 2013.