84R272 CAE-D
By: Guillen H.B. No. 223
A BILL TO BE ENTITLED
AN ACT
relating to acceptable conduct of students in kindergarten through
grade five.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0071 to read as follows:
Sec. 37.0071. ACCEPTABLE CONDUCT OF CERTAIN STUDENTS. (a)
A school district may not punish a student in kindergarten through
grade five for:
(1) brandishing a partially consumed pastry or other
food item to simulate a firearm or weapon;
(2) possessing a toy firearm or weapon that is two
inches or less in overall length;
(3) possessing a toy firearm or weapon made of plastic
snap-together building blocks;
(4) using a finger or hand to represent a firearm or
weapon;
(5) vocalizing an imaginary firearm or weapon;
(6) drawing a picture or possessing an image of a
firearm or weapon; or
(7) pretending a crayon, pencil, pen, or other writing
or drawing instrument is a firearm or weapon.
(b) Notwithstanding Subsection (a), a student may be
subject to disciplinary action for simulating a firearm or weapon
if the student disrupts learning, causes bodily harm to another
person, or places another person in reasonable fear of bodily harm.
(c) Disciplinary action under Subsection (b) must be
proportionate to the severity of the behavior and consistent with
school district policies for similar behavior. If a student is
disciplined under Subsection (b), the school principal must notify
the student's parent or guardian of the student's behavior and the
discipline imposed.
SECTION 2. This Act applies beginning with the 2015-2016
school year.
SECTION 3. 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, 2015.