| 1 | 1 | | 86R4614 TSS-D |
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| 2 | 2 | | By: Bohac H.B. No. 1392 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the mandatory removal of a public school student from |
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| 8 | 8 | | the classroom following certain conduct. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 37.006(a), Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | (a) A student shall be removed from class and placed in a |
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| 13 | 13 | | disciplinary alternative education program as provided by Section |
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| 14 | 14 | | 37.008 if the student: |
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| 15 | 15 | | (1) engages in conduct involving a public school that |
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| 16 | 16 | | contains the elements of the offense of false alarm or report under |
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| 17 | 17 | | Section 42.06, Penal Code, or terroristic threat under Section |
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| 18 | 18 | | 22.07, Penal Code; or |
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| 19 | 19 | | (2) commits the following on or within 300 feet of |
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| 20 | 20 | | school property, as measured from any point on the school's real |
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| 21 | 21 | | property boundary line, or while attending a school-sponsored or |
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| 22 | 22 | | school-related activity on or off of school property: |
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| 23 | 23 | | (A) engages in conduct punishable as a felony; |
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| 24 | 24 | | (B) engages in conduct that contains the elements |
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| 25 | 25 | | of the offense of assault under Section 22.01(a)(1), Penal Code, or |
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| 26 | 26 | | engages in conduct that contains the elements of the offense of |
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| 27 | 27 | | assault under Section 22.01(a)(1), (2), or (3), Penal Code, against |
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| 28 | 28 | | an employee of the school district; |
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| 29 | 29 | | (C) sells, gives, or delivers to another person |
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| 30 | 30 | | or possesses or uses or is under the influence of: |
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| 31 | 31 | | (i) marihuana or a controlled substance, as |
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| 32 | 32 | | defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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| 33 | 33 | | Section 801 et seq.; or |
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| 34 | 34 | | (ii) a dangerous drug, as defined by |
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| 35 | 35 | | Chapter 483, Health and Safety Code; |
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| 36 | 36 | | (D) sells, gives, or delivers to another person |
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| 37 | 37 | | an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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| 38 | 38 | | Beverage Code, commits a serious act or offense while under the |
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| 39 | 39 | | influence of alcohol, or possesses, uses, or is under the influence |
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| 40 | 40 | | of an alcoholic beverage; |
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| 41 | 41 | | (E) engages in conduct that contains the elements |
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| 42 | 42 | | of an offense relating to an abusable volatile chemical under |
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| 43 | 43 | | Sections 485.031 through 485.034, Health and Safety Code; or |
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| 44 | 44 | | (F) engages in conduct that contains the elements |
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| 45 | 45 | | of the offense of public lewdness under Section 21.07, Penal Code, |
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| 46 | 46 | | or indecent exposure under Section 21.08, Penal Code. |
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| 47 | 47 | | SECTION 2. This Act applies beginning with the 2019-2020 |
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| 48 | 48 | | school year. |
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| 49 | 49 | | SECTION 3. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2019. |
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