| 1 | 1 | | 85R10756 MK-D |
|---|
| 2 | 2 | | By: Miles S.B. No. 1258 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to discretionary disciplinary action by public school |
|---|
| 8 | 8 | | districts regarding nonviolent offenses and the adjudication of a |
|---|
| 9 | 9 | | child who engages in conduct that constitutes a nonviolent offense |
|---|
| 10 | 10 | | on school property. |
|---|
| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 12 | 12 | | SECTION 1. Subchapter E-1, Chapter 37, Education Code, is |
|---|
| 13 | 13 | | amended by adding Section 37.1441 to read as follows: |
|---|
| 14 | 14 | | Sec. 37.1441. GRADUATED SANCTIONS FOR CERTAIN OFFENSES. |
|---|
| 15 | 15 | | (a) A school district that has developed a system of graduated |
|---|
| 16 | 16 | | sanctions under Section 37.144 must make a good faith effort to |
|---|
| 17 | 17 | | impose graduated sanctions on a child before a complaint is filed |
|---|
| 18 | 18 | | against the child for a nonviolent offense. |
|---|
| 19 | 19 | | (b) In this section, "nonviolent offense" means a property |
|---|
| 20 | 20 | | offense, drug offense, or offense against public order and decency |
|---|
| 21 | 21 | | that: |
|---|
| 22 | 22 | | (1) does not involve a threat of harm against or an |
|---|
| 23 | 23 | | attack of a victim; and |
|---|
| 24 | 24 | | (2) is subject to discretionary disciplinary action by |
|---|
| 25 | 25 | | the school district. |
|---|
| 26 | 26 | | SECTION 2. Section 51.03(b), Family Code, as amended by |
|---|
| 27 | 27 | | Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts |
|---|
| 28 | 28 | | of the 84th Legislature, Regular Session, 2015, is reenacted and |
|---|
| 29 | 29 | | amended to read as follows: |
|---|
| 30 | 30 | | (b) Conduct indicating a need for supervision is: |
|---|
| 31 | 31 | | (1) subject to Subsection (f), conduct, other than a |
|---|
| 32 | 32 | | traffic offense, that violates: |
|---|
| 33 | 33 | | (A) the penal laws of this state of the grade of |
|---|
| 34 | 34 | | misdemeanor that are punishable by fine only; or |
|---|
| 35 | 35 | | (B) the penal ordinances of any political |
|---|
| 36 | 36 | | subdivision of this state; |
|---|
| 37 | 37 | | (2) the voluntary absence of a child from the child's |
|---|
| 38 | 38 | | home without the consent of the child's parent or guardian for a |
|---|
| 39 | 39 | | substantial length of time or without intent to return; |
|---|
| 40 | 40 | | (3) conduct prohibited by city ordinance or by state |
|---|
| 41 | 41 | | law involving the inhalation of the fumes or vapors of paint and |
|---|
| 42 | 42 | | other protective coatings or glue and other adhesives and the |
|---|
| 43 | 43 | | volatile chemicals itemized in Section 485.001, Health and Safety |
|---|
| 44 | 44 | | Code; |
|---|
| 45 | 45 | | (4) an act that violates a school district's |
|---|
| 46 | 46 | | previously communicated written standards of student conduct for |
|---|
| 47 | 47 | | which the child has been expelled under Section 37.007(c), |
|---|
| 48 | 48 | | Education Code; |
|---|
| 49 | 49 | | (5) [(6)] notwithstanding Subsection (a)(1), conduct |
|---|
| 50 | 50 | | described by Section 43.02(a) or (b), Penal Code; [or] |
|---|
| 51 | 51 | | (6) [(7)] notwithstanding Subsection (a)(1), conduct |
|---|
| 52 | 52 | | that violates Section 43.261, Penal Code; or |
|---|
| 53 | 53 | | (7) notwithstanding Subsection (a)(1), a nonviolent |
|---|
| 54 | 54 | | offense committed on property under the control and jurisdiction of |
|---|
| 55 | 55 | | a school district that would subject the child to discretionary |
|---|
| 56 | 56 | | disciplinary action by the school district under Section 37.1441, |
|---|
| 57 | 57 | | Education Code. |
|---|
| 58 | 58 | | SECTION 3. Section 51.03, Family Code, is amended by adding |
|---|
| 59 | 59 | | Subsection (d) to read as follows: |
|---|
| 60 | 60 | | (d) For purposes of Subsection (b)(7), "nonviolent offense" |
|---|
| 61 | 61 | | means a property offense, drug offense, or offense against public |
|---|
| 62 | 62 | | order and decency that does not involve a threat of harm against or |
|---|
| 63 | 63 | | an attack of a victim. |
|---|
| 64 | 64 | | SECTION 4. The changes in law made by this Act apply only to |
|---|
| 65 | 65 | | an offense committed or conduct that occurs on or after the |
|---|
| 66 | 66 | | effective date of this Act. An offense committed or conduct that |
|---|
| 67 | 67 | | occurs before the effective date of this Act is governed by the law |
|---|
| 68 | 68 | | in effect when the offense was committed or the conduct occurred, |
|---|
| 69 | 69 | | and the former law is continued in effect for that purpose. For |
|---|
| 70 | 70 | | purposes of this section, an offense is committed or conduct occurs |
|---|
| 71 | 71 | | before the effective date of this Act if any element of the offense |
|---|
| 72 | 72 | | or the conduct occurs before the effective date. |
|---|
| 73 | 73 | | SECTION 5. To the extent of any conflict, this Act prevails |
|---|
| 74 | 74 | | over another Act of the 85th Legislature, Regular Session, 2017, |
|---|
| 75 | 75 | | relating to nonsubstantive additions to and corrections in enacted |
|---|
| 76 | 76 | | codes. |
|---|
| 77 | 77 | | SECTION 6. This Act takes effect September 1, 2017. |
|---|