Texas 2019 - 86th Regular

Texas Senate Bill SB392 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R5631 LHC-D
2	2	By: Miles S.B. No. 392
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, is amended to
27	27	read as follows:
28	28	(b) Conduct indicating a need for supervision is:
29	29	(1) subject to Subsection (f), conduct, other than a
30	30	traffic offense, that violates:
31	31	(A) the penal laws of this state of the grade of
32	32	misdemeanor that are punishable by fine only; or
33	33	(B) the penal ordinances of any political
34	34	subdivision of this state;
35	35	(2) the voluntary absence of a child from the child's
36	36	home without the consent of the child's parent or guardian for a
37	37	substantial length of time or without intent to return;
38	38	(3) conduct prohibited by city ordinance or by state
39	39	law involving the inhalation of the fumes or vapors of paint and
40	40	other protective coatings or glue and other adhesives and the
41	41	volatile chemicals itemized in Section 485.001, Health and Safety
42	42	Code;
43	43	(4) an act that violates a school district's
44	44	previously communicated written standards of student conduct for
45	45	which the child has been expelled under Section 37.007(c),
46	46	Education Code;
47	47	(5) notwithstanding Subsection (a)(1), conduct
48	48	described by Section 43.02(a) or (b), Penal Code; [or]
49	49	(6) notwithstanding Subsection (a)(1), conduct that
50	50	violates Section 43.261, Penal Code; or
51	51	(7) notwithstanding Subsection (a)(1), a nonviolent
52	52	offense committed on property under the control and jurisdiction of
53	53	a school district that would subject the child to discretionary
54	54	disciplinary action by the school district under Section 37.1441,
55	55	Education Code.
56	56	SECTION 3. Section 51.03, Family Code, is amended by adding
57	57	Subsection (d) to read as follows:
58	58	(d) For purposes of Subsection (b)(7), "nonviolent offense"
59	59	means a property offense, drug offense, or offense against public
60	60	order and decency that does not involve a threat of harm against or
61	61	an attack of a victim.
62	62	SECTION 4. The changes in law made by this Act apply only to
63	63	an offense committed or conduct that occurs on or after the
64	64	effective date of this Act. An offense committed or conduct that
65	65	occurs before the effective date of this Act is governed by the law
66	66	in effect when the offense was committed or the conduct occurred,
67	67	and the former law is continued in effect for that purpose. For
68	68	purposes of this section, an offense is committed or conduct occurs
69	69	before the effective date of this Act if any element of the offense
70	70	or the conduct occurs before the effective date.
71	71	SECTION 5. This Act takes effect September 1, 2019.