Texas 2023 - 88th 3rd C.S.

Texas House Bill HB125 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Toth H.B. No. 125
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a public school classroom safety review and referral
7	7	program for students who engage in violent criminal conduct;
8	8	creating a criminal offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 37, Education Code, is
11	11	amended by adding Section 37.088 to read as follows:
12	12	Sec. 37.088. CLASSROOM SAFETY REVIEW AND REFERRAL PROGRAM.
13	13	(a) If, after an investigation is completed, the principal of a
14	14	public primary or secondary school has reasonable grounds to
15	15	believe that a student engaged in violent criminal conduct,
16	16	including assaultive conduct, the principal shall:
17	17	(1) refer the student to the classroom safety review
18	18	committee established under Subsection (b); or
19	19	(2) make a report to any school district police
20	20	department, if applicable, or the police department of the
21	21	municipality in which the school is located or, if the school is not
22	22	in a municipality, the sheriff of the county in which the school is
23	23	located.
24	24	(b) Before the beginning of each school year, a public
25	25	primary or secondary school shall establish a classroom safety
26	26	review committee that consists of five classroom teachers who are
27	27	selected from all classroom teachers employed by the school through
28	28	a nomination and election process, as determined by the school.
29	29	(c) If a student is referred to the classroom safety review
30	30	committee under Subsection (a)(1), the committee shall review all
31	31	electronic, written, and verbal evidence or testimony or video
32	32	provided to the committee and interview any eyewitnesses. After
33	33	review, the committee shall, by majority vote, refer the student
34	34	to:
35	35	(1) a person designated by the school as the juvenile
36	36	diversion administrator under Subsection (d); or
37	37	(2) the classroom safety referral board established
38	38	under Subsection (e).
39	39	(d) A public primary or secondary school shall designate a
40	40	person as the juvenile diversion administrator for the school. If
41	41	the classroom safety review committee refers a student to the
42	42	juvenile diversion administrator under Subsection (c)(1), the
43	43	juvenile diversion administrator shall:
44	44	(1) require the student to perform a certain number of
45	45	hours of community service;
46	46	(2) require the student to participate in tutoring; or
47	47	(3) make a determination that the student is not
48	48	required to take any additional actions.
49	49	(e) A public primary or secondary school shall establish a
50	50	classroom safety referral board that consists of:
51	51	(1) two teachers who serve on the classroom safety
52	52	review committee;
53	53	(2) an assistant district attorney of the county in
54	54	which the school is located;
55	55	(3) an investigator from the sheriff's office in the
56	56	county in which the school is located; and
57	57	(4) a parent of a student enrolled at the school
58	58	selected by the board of trustees of the school district.
59	59	(f) If the classroom safety review committee refers a
60	60	student to the classroom safety referral board, the board shall
61	61	review all electronic, written, and verbal evidence or testimony or
62	62	video provided to the board and may hear new testimony from the
63	63	student or an eyewitness of the conduct. After review, the board, by
64	64	majority vote, shall:
65	65	(1) report the student's conduct to the local law
66	66	enforcement agency; or
67	67	(2) refer the student to the juvenile diversion
68	68	administrator under Subsection (d).
69	69	(g) Materials and information provided to or produced by the
70	70	classroom safety review committee or the classroom safety referral
71	71	board during a student review under this section must be maintained
72	72	in the student's school record until the student's 24th birthday.
73	73	(h) A person commits an offense if the person destroys
74	74	material or information described by Subsection (g) before the
75	75	period of maintenance required under that subsection has expired.
76	76	An offense under this subsection is a Class A misdemeanor.
77	77	(i) If an educator commits an offense under Subsection (h),
78	78	the educator may be subject to termination or suspension of the
79	79	educator's contract.
80	80	(j) Any testimony provided by an educator to the classroom
81	81	safety review committee or the classroom safety referral board
82	82	under this section is confidential and may not be disclosed to any
83	83	other person.
84	84	SECTION 2. This Act applies beginning with the 2024-2025
85	85	school year.
86	86	SECTION 3. This Act takes effect immediately if it receives
87	87	a vote of two-thirds of all the members elected to each house, as
88	88	provided by Section 39, Article III, Texas Constitution. If this
89	89	Act does not receive the vote necessary for immediate effect, this
90	90	Act takes effect on the 91st day after the last day of legislative
91	91	session.