86R5631 LHC-D
By: Miles S.B. No. 392
A BILL TO BE ENTITLED
AN ACT
relating to discretionary disciplinary action by public school
districts regarding nonviolent offenses and the adjudication of a
child who engages in conduct that constitutes a nonviolent offense
on school property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E-1, Chapter 37, Education Code, is
amended by adding Section 37.1441 to read as follows:
Sec. 37.1441. GRADUATED SANCTIONS FOR CERTAIN OFFENSES.
(a) A school district that has developed a system of graduated
sanctions under Section 37.144 must make a good faith effort to
impose graduated sanctions on a child before a complaint is filed
against the child for a nonviolent offense.
(b) In this section, "nonviolent offense" means a property
offense, drug offense, or offense against public order and decency
that:
(1) does not involve a threat of harm against or an
attack of a victim; and
(2) is subject to discretionary disciplinary action by
the school district.
SECTION 2. Section 51.03(b), Family Code, is amended to
read as follows:
(b) Conduct indicating a need for supervision is:
(1) subject to Subsection (f), conduct, other than a
traffic offense, that violates:
(A) the penal laws of this state of the grade of
misdemeanor that are punishable by fine only; or
(B) the penal ordinances of any political
subdivision of this state;
(2) the voluntary absence of a child from the child's
home without the consent of the child's parent or guardian for a
substantial length of time or without intent to return;
(3) conduct prohibited by city ordinance or by state
law involving the inhalation of the fumes or vapors of paint and
other protective coatings or glue and other adhesives and the
volatile chemicals itemized in Section 485.001, Health and Safety
Code;
(4) an act that violates a school district's
previously communicated written standards of student conduct for
which the child has been expelled under Section 37.007(c),
Education Code;
(5) notwithstanding Subsection (a)(1), conduct
described by Section 43.02(a) or (b), Penal Code; [or]
(6) notwithstanding Subsection (a)(1), conduct that
violates Section 43.261, Penal Code; or
(7) notwithstanding Subsection (a)(1), a nonviolent
offense committed on property under the control and jurisdiction of
a school district that would subject the child to discretionary
disciplinary action by the school district under Section 37.1441,
Education Code.
SECTION 3. Section 51.03, Family Code, is amended by adding
Subsection (d) to read as follows:
(d) For purposes of Subsection (b)(7), "nonviolent offense"
means a property offense, drug offense, or offense against public
order and decency that does not involve a threat of harm against or
an attack of a victim.
SECTION 4. The changes in law made by this Act apply only to
an offense committed or conduct that occurs on or after the
effective date of this Act. An offense committed or conduct that
occurs before the effective date of this Act is governed by the law
in effect when the offense was committed or the conduct occurred,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense is committed or conduct occurs
before the effective date of this Act if any element of the offense
or the conduct occurs before the effective date.
SECTION 5. This Act takes effect September 1, 2019.