Texas 2021 - 87th Regular

Texas House Bill HB640 Compare Versions

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

Old	New	Differences
1	1	87R566 GCB-D
2	2	By: Raymond H.B. No. 640
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public and private school searches of students with
8	8	parental consent and certain disciplinary measures and other
9	9	procedures that may arise from such a search.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 37, Education Code, is
12	12	amended by adding Sections 37.0014 and 37.0015 to read as follows:
13	13	Sec. 37.0014. PARENTAL-CONSENT SEARCH. (a) The principal
14	14	of a public or private primary or secondary school or
15	15	open-enrollment charter school, or a person designated to serve as
16	16	the campus behavior coordinator under Section 37.0012, who suspects
17	17	a student of engaging in harmful or illegal conduct that poses a
18	18	serious risk to the student or other students at the school may,
19	19	with consent from the parent or guardian of the student, search the
20	20	student and the possessions of the student for evidence of a
21	21	violation of the law or school policy. If the student's parent or
22	22	guardian consents to the search, the principal or campus behavior
23	23	coordinator may conduct the search with the assistance of a peace
24	24	officer commissioned by the board of trustees of a district or
25	25	security personnel employed by the school.
26	26	(b) The principal of a public or private primary or
27	27	secondary school or open-enrollment charter school, a person
28	28	designated to serve as the campus behavior coordinator under
29	29	Section 37.0012, or a peace officer commissioned by the board of
30	30	trustees of a district or security personnel employed by the school
31	31	shall confiscate any item or substance prohibited by law and
32	32	immediately deliver the item or substance to a local law
33	33	enforcement agency.
34	34	Sec. 37.0015. DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
35	35	POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH. (a) A student found
36	36	to be in violation of law or school policy based on a
37	37	parental-consent search conducted under Section 37.0014 may not be
38	38	expelled for the violation.
39	39	(b) A student found to be in violation of law or school
40	40	policy based on a parental-consent search conducted under Section
41	41	37.0014 may, with the consent of the student's parent or guardian,
42	42	be subject to compulsory attendance at, as appropriate:
43	43	(1) a youth boot camp established under Section
44	44	37.013(b);
45	45	(2) a substance abuse treatment program established
46	46	under Section 37.013(c); or
47	47	(3) a juvenile justice alternative education program.
48	48	SECTION 2. Section 37.007(a), Education Code, is amended to
49	49	read as follows:
50	50	(a) Except as provided by Subsection (k) or Section 37.0015,
51	51	a student shall be expelled from a school if the student, on school
52	52	property or while attending a school-sponsored or school-related
53	53	activity on or off of school property:
54	54	(1) engages in conduct that contains the elements of
55	55	the offense of unlawfully carrying weapons under Section 46.02,
56	56	Penal Code, or elements of an offense relating to prohibited
57	57	weapons under Section 46.05, Penal Code;
58	58	(2) engages in conduct that contains the elements of
59	59	the offense of:
60	60	(A) aggravated assault under Section 22.02,
61	61	Penal Code, sexual assault under Section 22.011, Penal Code, or
62	62	aggravated sexual assault under Section 22.021, Penal Code;
63	63	(B) arson under Section 28.02, Penal Code;
64	64	(C) murder under Section 19.02, Penal Code,
65	65	capital murder under Section 19.03, Penal Code, or criminal
66	66	attempt, under Section 15.01, Penal Code, to commit murder or
67	67	capital murder;
68	68	(D) indecency with a child under Section 21.11,
69	69	Penal Code;
70	70	(E) aggravated kidnapping under Section 20.04,
71	71	Penal Code;
72	72	(F) aggravated robbery under Section 29.03,
73	73	Penal Code;
74	74	(G) manslaughter under Section 19.04, Penal
75	75	Code;
76	76	(H) criminally negligent homicide under Section
77	77	19.05, Penal Code; or
78	78	(I) continuous sexual abuse of young child or
79	79	children under Section 21.02, Penal Code; or
80	80	(3) engages in conduct specified by Section
81	81	37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.
82	82	SECTION 3. Section 37.013, Education Code, is amended to
83	83	read as follows:
84	84	Sec. 37.013. COORDINATION BETWEEN SCHOOL DISTRICTS AND
85	85	JUVENILE BOARDS; YOUTH BOOT CAMP; SUBSTANCE ABUSE TREATMENT
86	86	PROGRAM. (a) The board of trustees of the school district or the
87	87	board's designee shall at the call of the president of the board of
88	88	trustees regularly meet with the juvenile board for the county in
89	89	which the district's central administrative office is located or
90	90	the juvenile board's designee concerning supervision and
91	91	rehabilitative services appropriate for expelled students and
92	92	students assigned to disciplinary alternative education programs.
93	93	Matters for discussion shall include service by probation officers
94	94	at the disciplinary alternative education program site,
95	95	recruitment of volunteers to serve as mentors and provide tutoring
96	96	services, and coordination with other social service agencies.
97	97	(b) The board of trustees of a school district or governing
98	98	body of an open-enrollment charter school or private school may
99	99	cooperate with the juvenile board of the county or local juvenile
100	100	probation department in establishing a youth boot camp in
101	101	accordance with Section 152.0011, Human Resources Code, for
102	102	students who violate a law or school policy in a manner that poses a
103	103	serious risk to the student or other students at the school.
104	104	(c) The board of trustees of a school district or governing
105	105	body of an open-enrollment charter school or private school may
106	106	cooperate with the juvenile board of the county or local juvenile
107	107	probation department in establishing a substance abuse treatment
108	108	program for students who violate a law or school policy by engaging
109	109	in prohibited conduct related to the use, possession, or delivery
110	110	of alcohol or a controlled substance.
111	111	SECTION 4. Chapter 54, Family Code, is amended by adding
112	112	Section 54.0321 to read as follows:
113	113	Sec. 54.0321. DEFERRAL OF ADJUDICATION AND DISMISSAL OF
114	114	CERTAIN CASES ON COMPLETION OF DISCIPLINARY PROGRAM. (a) This
115	115	section applies only to a child who, based on evidence obtained
116	116	pursuant to a parental-consent search under Section 37.0014,
117	117	Education Code, is alleged to have engaged in conduct indicating a
118	118	need for supervision or delinquent conduct.
119	119	(b) A juvenile court may defer adjudication proceedings
120	120	under Section 54.03 for not more than 180 days if a child described
121	121	by Subsection (a) presents to the court a written request to attend
122	122	a disciplinary program under Section 37.0015, Education Code.
123	123	(c) A child for whom adjudication proceedings are deferred
124	124	under Subsection (b) shall complete the disciplinary program not
125	125	later than the 90th day after the date a hearing to determine
126	126	punishment is held or the last day of the deferral period, whichever
127	127	date is earlier. A court that holds the hearing shall dismiss the
128	128	case with prejudice at the time the child presents satisfactory
129	129	evidence that the child has successfully completed the disciplinary
130	130	program.
131	131	(d) A case dismissed under this section may not be part of
132	132	the child's records for any purpose.
133	133	SECTION 5. This Act takes effect immediately if it receives
134	134	a vote of two-thirds of all the members elected to each house, as
135	135	provided by Section 39, Article III, Texas Constitution. If this
136	136	Act does not receive the vote necessary for immediate effect, this
137	137	Act takes effect September 1, 2021.