By: Burrows H.B. No. 4108
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a school district peace officer
commissioned by certain school districts located in certain
counties to issue citations to a child for certain Class C
misdemeanor offenses committed on school property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SECTION 1. Section 37.143, Education Code, is
amended to read as follows:
Sec. 37.143. ISSUANCE OF CITATION [PROHIBITED]; CUSTODY OF
CHILD. (a) Except as provided by Subsection (b), a [A] peace
officer may not issue a citation to a child who is alleged to have
committed a school offense.
(b) A peace officer commissioned under Section 37.081 may
issue a citation to a child who is alleged to have committed a
school offense if the offense is alleged to have occurred at a
campus of a school district with an enrollment of at least 27,500
students that is located in a county with a population greater than
270,000 but less than 290,000.
(c) This subchapter does not prohibit a child from being
taken into custody under Section 52.01, Family Code.
SECTION 2. Section 37.145, Education Code, is amended to
read as follows:
Sec. 37.145. CITATION OR COMPLAINT. (a) If a child is
alleged to have committed a school offense:
(1) a peace officer commissioned under Section 37.081
may issue a citation to the child for an offense punishable as a
Class C misdemeanor under Section 22.01(a)(2) or (3), 42.01, or
49.02, Penal Code, or under Section 481.125, Health and Safety
Code, if the offense is alleged to have occurred at a campus of a
school district with an enrollment of at least 27,500 students that
is located in a county with a population greater than 270,000 but
less than 290,000; or
(2) [If a child fails to comply with or complete
graduated sanctions under Section 37.144, or if the school district
has not elected to adopt a system of graduated sanctions under that
section,] the school may file a complaint against the child with a
criminal court in accordance with Section 37.146, if the child
fails to comply with or complete graduated sanctions under Section
37.144 or if the school district has not elected to adopt a system
of graduated sanctions under that section.
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 September 1, 2015.