Texas 2021 - 87th Regular

Texas House Bill HB822 Compare Versions

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

Old	New	Differences
1	1	87R2348 KJE-D
2	2	By: Burns H.B. No. 822
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to requiring the expulsion of a public school student who
8	8	engages in certain conduct that constitutes the felony offense of
9	9	terroristic threat.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 37.007(a), (b), and (i), Education
12	12	Code, are amended to read as follows:
13	13	(a) Except as provided by Subsection (k), a student shall be
14	14	expelled from a school if the student:
15	15	(1) engages in conduct involving a public school that
16	16	contains the elements of the offense of terroristic threat under
17	17	Section 22.07, Penal Code, if the conduct is punishable as a felony;
18	18	or
19	19	(2) while [,] on school property or while attending a
20	20	school-sponsored or school-related activity on or off of school
21	21	property:
22	22	(A) [(1)] engages in conduct that contains the
23	23	elements of the offense of unlawfully carrying weapons under
24	24	Section 46.02, Penal Code, or elements of an offense relating to
25	25	prohibited weapons under Section 46.05, Penal Code;
26	26	(B) [(2)] engages in conduct that contains the
27	27	elements of the offense of:
28	28	(i) [(A)] aggravated assault under Section
29	29	22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
30	30	or aggravated sexual assault under Section 22.021, Penal Code;
31	31	(ii) [(B)] arson under Section 28.02, Penal
32	32	Code;
33	33	(iii) [(C)] murder under Section 19.02,
34	34	Penal Code, capital murder under Section 19.03, Penal Code, or
35	35	criminal attempt, under Section 15.01, Penal Code, to commit murder
36	36	or capital murder;
37	37	(iv) [(D)] indecency with a child under
38	38	Section 21.11, Penal Code;
39	39	(v) [(E)] aggravated kidnapping under
40	40	Section 20.04, Penal Code;
41	41	(vi) [(F)] aggravated robbery under Section
42	42	29.03, Penal Code;
43	43	(vii) [(G)] manslaughter under Section
44	44	19.04, Penal Code;
45	45	(viii) [(H)] criminally negligent homicide
46	46	under Section 19.05, Penal Code; or
47	47	(ix) [(I)] continuous sexual abuse of young
48	48	child or children under Section 21.02, Penal Code; or
49	49	(C) [(3)] engages in conduct specified by
50	50	Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a
51	51	felony.
52	52	(b) A student may be expelled if the student:
53	53	(1) engages in conduct involving a public school that
54	54	contains the elements of the offense of:
55	55	(A) false alarm or report under Section 42.06,
56	56	Penal Code;[,] or
57	57	(B) terroristic threat under Section 22.07,
58	58	Penal Code, if the conduct is punishable as a misdemeanor;
59	59	(2) while on or within 300 feet of school property, as
60	60	measured from any point on the school's real property boundary
61	61	line, or while attending a school-sponsored or school-related
62	62	activity on or off of school property:
63	63	(A) sells, gives, or delivers to another person
64	64	or possesses, uses, or is under the influence of any amount of:
65	65	(i) marihuana or a controlled substance, as
66	66	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
67	67	Section 801 et seq.;
68	68	(ii) a dangerous drug, as defined by
69	69	Chapter 483, Health and Safety Code; or
70	70	(iii) an alcoholic beverage, as defined by
71	71	Section 1.04, Alcoholic Beverage Code;
72	72	(B) engages in conduct that contains the elements
73	73	of an offense relating to an abusable volatile chemical under
74	74	Sections 485.031 through 485.034, Health and Safety Code;
75	75	(C) engages in conduct that contains the elements
76	76	of an offense under Section 22.01(a)(1), Penal Code, against a
77	77	school district employee or a volunteer as defined by Section
78	78	22.053; or
79	79	(D) engages in conduct that contains the elements
80	80	of the offense of deadly conduct under Section 22.05, Penal Code;
81	81	(3) subject to Subsection (d), while within 300 feet
82	82	of school property, as measured from any point on the school's real
83	83	property boundary line:
84	84	(A) engages in conduct specified by Subsection
85	85	(a)(2) [(a)]; or
86	86	(B) possesses a firearm, as defined by 18 U.S.C.
87	87	Section 921;
88	88	(4) engages in conduct that contains the elements of
89	89	any offense listed in Subsection (a)(2)(B)(i) [(a)(2)(A)] or (iii)
90	90	[(C)] or the offense of aggravated robbery under Section 29.03,
91	91	Penal Code, against another student, without regard to whether the
92	92	conduct occurs on or off of school property or while attending a
93	93	school-sponsored or school-related activity on or off of school
94	94	property; or
95	95	(5) engages in conduct that contains the elements of
96	96	the offense of breach of computer security under Section 33.02,
97	97	Penal Code, if:
98	98	(A) the conduct involves accessing a computer,
99	99	computer network, or computer system owned by or operated on behalf
100	100	of a school district; and
101	101	(B) the student knowingly:
102	102	(i) alters, damages, or deletes school
103	103	district property or information; or
104	104	(ii) commits a breach of any other
105	105	computer, computer network, or computer system.
106	106	(i) A student who engages in conduct described by Subsection
107	107	(a)(2) [(a)] may be expelled from school by the district in which
108	108	the student attends school if the student engages in that conduct:
109	109	(1) on school property of another district in this
110	110	state; or
111	111	(2) while attending a school-sponsored or
112	112	school-related activity of a school in another district in this
113	113	state.
114	114	SECTION 2. Section 37.002(d), Education Code, is amended to
115	115	read as follows:
116	116	(d) A teacher shall remove from class and send to the
117	117	principal for placement in a disciplinary alternative education
118	118	program or for expulsion, as appropriate, a student who engages in
119	119	conduct described under Section 37.006 or 37.007. The student may
120	120	not be returned to that teacher's class without the teacher's
121	121	consent unless the committee established under Section 37.003
122	122	determines that such placement is the best or only alternative
123	123	available. If the teacher removed the student from class because
124	124	the student has engaged in the elements of any offense listed in
125	125	Section 37.006(a)(2)(B) or Section 37.007(a)(2)(B)(i)
126	126	[37.007(a)(2)(A)] or (b)(2)(C) against the teacher, the student may
127	127	not be returned to the teacher's class without the teacher's
128	128	consent. The teacher may not be coerced to consent.
129	129	SECTION 3. Section 37.0021(f), Education Code, is amended
130	130	to read as follows:
131	131	(f) For purposes of this subsection, "weapon" includes any
132	132	weapon described under Section 37.007(a)(2)(A) [37.007(a)(1)].
133	133	This section does not prevent a student's locked, unattended
134	134	confinement in an emergency situation while awaiting the arrival of
135	135	law enforcement personnel if:
136	136	(1) the student possesses a weapon; and
137	137	(2) the confinement is necessary to prevent the
138	138	student from causing bodily harm to the student or another person.
139	139	SECTION 4. Section 37.006(a), Education Code, is amended to
140	140	read as follows:
141	141	(a) A student shall be removed from class and placed in a
142	142	disciplinary alternative education program as provided by Section
143	143	37.008 if the student:
144	144	(1) engages in conduct involving a public school that
145	145	contains the elements of the offense of false alarm or report under
146	146	Section 42.06, Penal Code[, or terroristic threat under Section
147	147	22.07, Penal Code]; or
148	148	(2) commits the following on or within 300 feet of
149	149	school property, as measured from any point on the school's real
150	150	property boundary line, or while attending a school-sponsored or
151	151	school-related activity on or off of school property:
152	152	(A) engages in conduct punishable as a felony;
153	153	(B) engages in conduct that contains the elements
154	154	of the offense of assault under Section 22.01(a)(1), Penal Code;
155	155	(C) sells, gives, or delivers to another person
156	156	or possesses or uses or is under the influence of:
157	157	(i) marihuana or a controlled substance, as
158	158	defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
159	159	Section 801 et seq.; or
160	160	(ii) a dangerous drug, as defined by
161	161	Chapter 483, Health and Safety Code;
162	162	(D) sells, gives, or delivers to another person
163	163	an alcoholic beverage, as defined by Section 1.04, Alcoholic
164	164	Beverage Code, commits a serious act or offense while under the
165	165	influence of alcohol, or possesses, uses, or is under the influence
166	166	of an alcoholic beverage;
167	167	(E) engages in conduct that contains the elements
168	168	of an offense relating to an abusable volatile chemical under
169	169	Sections 485.031 through 485.034, Health and Safety Code;
170	170	(F) engages in conduct that contains the elements
171	171	of the offense of public lewdness under Section 21.07, Penal Code,
172	172	or indecent exposure under Section 21.08, Penal Code; or
173	173	(G) engages in conduct that contains the elements
174	174	of the offense of harassment under Section 42.07(a)(1), (2), (3),
175	175	or (7), Penal Code, against an employee of the school district.
176	176	SECTION 5. Section 37.011(b), Education Code, is amended to
177	177	read as follows:
178	178	(b) If a student admitted into the public schools of a
179	179	school district under Section 25.001(b) is expelled from school for
180	180	conduct for which expulsion is required under Section 37.007(a),
181	181	(d), or (e), [or for conduct that contains the elements of the
182	182	offense of terroristic threat as described by Section 22.07(c-1),
183	183	(d), or (e), Penal Code,] the juvenile court, the juvenile board, or
184	184	the juvenile board's designee, as appropriate, shall:
185	185	(1) if the student is placed on probation under
186	186	Section 54.04, Family Code, order the student to attend the
187	187	juvenile justice alternative education program in the county in
188	188	which the student resides from the date of disposition as a
189	189	condition of probation, unless the child is placed in a
190	190	post-adjudication treatment facility;
191	191	(2) if the student is placed on deferred prosecution
192	192	under Section 53.03, Family Code, by the court, prosecutor, or
193	193	probation department, require the student to immediately attend the
194	194	juvenile justice alternative education program in the county in
195	195	which the student resides for a period not to exceed six months as a
196	196	condition of the deferred prosecution;
197	197	(3) in determining the conditions of the deferred
198	198	prosecution or court-ordered probation, consider the length of the
199	199	school district's expulsion order for the student; and
200	200	(4) provide timely educational services to the student
201	201	in the juvenile justice alternative education program in the county
202	202	in which the student resides, regardless of the student's age or
203	203	whether the juvenile court has jurisdiction over the student.
204	204	SECTION 6. This Act applies beginning with the 2021-2022
205	205	school year.
206	206	SECTION 7. This Act takes effect immediately if it receives
207	207	a vote of two-thirds of all the members elected to each house, as
208	208	provided by Section 39, Article III, Texas Constitution. If this
209	209	Act does not receive the vote necessary for immediate effect, this
210	210	Act takes effect September 1, 2021.