By: Creighton S.B. No. 1924
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain criminal offenses on school
property
SECTION 1. Section 37.143, Education Code, is amended to
read as follows:
Sec. 37.143. [CITATION PROHIBITED;] CUSTODY OF CHILD. [(a)
A peace officer, law enforcement officer, or school resource
officer may not issue a citation to a child who is alleged to have
committed a school offense.
[(b)] This subchapter does not prohibit a child from being
taken into custody under Section 52.01, Family Code.
SECTION 2. Section 37.144, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) Except as provided by Subsection (a-1), a [A] school
district that commissions peace officers under Section 37.081 may
develop a system of graduated sanctions that the school district
may require to be imposed on a child before a complaint is filed
under Section 37.145 against the child for a school offense that is
an offense under Section 37.124 or 37.126 or under Section
42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted
under this section must include multiple graduated sanctions. The
system may require:
(1) a warning letter to be issued to the child and the
child's parent or guardian that specifically states the child's
alleged school offense and explains the consequences if the child
engages in additional misconduct;
(2) a behavior contract with the child that must be
signed by the child, the child's parent or guardian, and an employee
of the school and that includes a specific description of the
behavior that is required or prohibited for the child and the
penalties for additional alleged school offenses, including
additional disciplinary action or the filing of a complaint in a
criminal court;
(3) the performance of school-based community service
by the child; and
(4) the referral of the child to counseling,
community-based services, or other in-school or out-of-school
services aimed at addressing the child's behavioral problems.
(a-1) A school district may not adopt a system of graduated
sanctions before filing a complaint under Section 37.145 against a
child for a school offense if the conduct that constituted the
offense:
(1) posed an imminent threat to a teacher's safety; or
(2) resulted in physical harm to a teacher.
SECTION 5. Section 37.145, Education Code, is amended to
read as follows:
Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged
to have committed a school offense:
(1) a peace officer, law enforcement officer, or
school resource officer may issue a citation to the child; or
(2) [If a child fails to comply with or complete
graduated sanctions under Section 37.144, or if the school district
has not elected to adopt a system of graduated sanctions under that
section,] the school may file a complaint against the child with a
criminal court in accordance with Section 37.146, if:
(A) the child fails to comply with or complete
graduated sanctions under Section 37.144; or
(B) the school district has not elected to adopt
a system of graduated sanctions under Section 37.144.
(3) the school shall file a complaint against the
child with a criminal court in accordance with Section 37.146, if:
(A) the school district may not impose graduated
sanctions under 37.144(a-1).
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2025.