By: Creighton S.B. No. 1924
Hinojosa of Nueces, West
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain criminal offenses on school
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 45A.453(h), Code of Criminal Procedure,
is amended to read as follows:
(h) Except as provided by Subsection (i) [and Section
37.143(a), Education Code], for a traffic offense or an offense
punishable by fine only, a law enforcement officer may issue a
citation as provided by Article 14.06 instead of taking a child into
custody.
SECTION 2. Subchapter J, Chapter 45A, Code of Criminal
Procedure, is amended by adding Articles 45A.4621 and 45A.465 to
read as follows:
Art. 45A.4621. CONFIDENTIAL RECORDS RELATED TO SCHOOL
OFFENSES; CERTAIN PROCEEDINGS CLOSED. (a) In this article,
"child" and "school offense" have the meanings assigned by Section
37.141, Education Code.
(b) Information relating to a citation issued to or
complaint filed against a child for a school offense:
(1) except as provided by Subsection (c), is
confidential and not subject to public disclosure under Chapter
552, Government Code; and
(2) may not be disclosed by the child's school to any
individual other than the child's parent or person standing in
parental relation.
(c) Information described by Subsection (b), except for a
child's personally identifying information, may be disclosed for
legislative purposes under Section 552.008, Government Code.
(d) A court in which a complaint is filed or a case is
pending against a child for a school offense must ensure that the
name or other personally identifying information of the child is
not publicly disclosed, including on the court's docket.
(e) Notwithstanding any other law, proceedings of a case
involving a school offense by a child who is 15 years of age or
younger may not be open to the public.
(f) A court record, including a finding of guilt or
innocence by the court, for a case involving a school offense by a
child must be sealed on final judgment and remain confidential.
Art. 45A.465. EXPUNCTION OF RECORDS RELATED TO SCHOOL
OFFENSE. (a) In this article, "school offense" has the meaning
assigned by Section 37.141, Education Code.
(b) An individual who has been convicted of a school offense
or has had a complaint for a school offense dismissed is entitled to
an expunction of the conviction or complaint and records relating
to the conviction or complaint on the earliest of the following
dates:
(1) the date on which the individual graduates from
high school or obtains a high school equivalency certificate; or
(2) the date on which the individual is no longer
eligible to attend a public school under Section 25.001, Education
Code.
(c) The school district at which an individual who was
convicted of or against whom a complaint was filed for a school
offense was enrolled at the time of the offense shall notify the
court in which the individual was convicted or the complaint was
filed of the individual's eligibility for expunction on the
earliest of the dates described by Subsection (b).
(d) Regardless of whether the individual has filed a
petition for expunction, the court in which the individual was
convicted or a complaint for a school offense was filed shall order
the conviction, complaints, verdicts, sentences, and other
documents relating to the offense, including any documents in the
possession of a public school or law enforcement agency, to be
expunged from the individual's record.
(e) After entry of the order, the individual is released
from all disabilities resulting from the conviction or complaint,
and the conviction or complaint may not be shown or made known for
any purpose.
SECTION 3. Section 28.025(c), Education Code, is amended to
read as follows:
(c) A person may receive a diploma if the person is eligible
for a diploma under Section 28.0251. In other cases, a student may
graduate and receive a diploma only if:
(1) the student successfully completes the curriculum
requirements identified by the State Board of Education under
Subsection (a) and complies with Sections 28.0256, 28.02565, and
39.025; or
(2) the student successfully completes an
individualized education program developed under Section 29.005.
SECTION 4. Subchapter B, Chapter 28, Education Code, is
amended by adding Section 28.02565 to read as follows:
Sec. 28.02565. COMPLETION OF COMMUNITY SERVICE AND PAYMENT
OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL
GRADUATION. A student who has been convicted of or placed on
deferred adjudication community supervision for a school offense,
as defined by Section 37.141, may not graduate from high school and
receive a diploma unless the court in which the student was
convicted certifies to the school district or open-enrollment
charter school in which the student is enrolled that the student has
discharged all obligations to perform community service and pay
fines and costs imposed for that offense.
SECTION 5. Subchapter C, Chapter 37, Education Code, is
amended by adding Section 37.0851 to read as follows:
Sec. 37.0851. RESTRICTIONS ON ARREST OF CHILD. A peace
officer, law enforcement officer, or school resource officer:
(1) may not, in plain view of students of a school
district, arrest a child for an offense committed on property under
the control and jurisdiction of the district unless the child poses
an immediate threat to the child's self, a teacher, or a student;
and
(2) must comply with Section 37.0021(j) in making an
arrest of a child for an offense described by Subdivision (1).
SECTION 6. 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 7. 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 shall
[may] develop a system of graduated sanctions that the school
district may require to be imposed on a child before a complaint is
filed or a citation is issued 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, mental health 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 8. Section 37.145, Education Code, is amended to
read as follows:
Sec. 37.145. CITATION OR COMPLAINT. (a) If a child fails to
comply with or complete graduated sanctions under Section 37.144,
or if the school district is not required [has not elected] to adopt
a system of graduated sanctions under that section:
(1) subject to Subsection (a-3), the school may file a
complaint against the child with a criminal court in accordance
with Section 37.146; or
(2) a peace officer, law enforcement officer, or
school resource officer may issue a citation to the child.
(a-1) A peace officer, law enforcement officer, or school
resource officer must attach to a citation issued under Subsection
(a)(2):
(1) a sworn statement by a person with personal
knowledge of the underlying facts giving rise to probable cause to
believe that an offense has been committed; and
(2) a statement from a school employee stating:
(A) whether the child is eligible for or receives
special services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
(a-2) For a school offense described by Section
37.144(a-1), the school shall file a complaint against the child
with a criminal court in accordance with Section 37.146 unless the
school knows that a peace officer, law enforcement officer, or
school resource officer has issued a citation to the child for the
alleged offense.
(a-3) The school may not file a complaint against a child
with a criminal court in accordance with Section 37.146 for a school
offense if the school knows that a peace officer, law enforcement
officer, or school resource officer has issued a citation to the
child for the alleged offense.
(b) A peace officer, law enforcement officer, or school
resource officer who issues a citation to a child for a school
offense under Subsection (a)(2) shall notify the child's school of
the issuance of the citation.
(c) A peace officer, law enforcement officer, or school
resource officer who issues a citation to a child under Subsection
(a)(2) or a school that files a complaint against a child under
Subsection (a)(1) or (a-2) shall immediately provide to the parent
of or person standing in parental relation to the child a written
notice regarding the issuance of the citation or filing of the
complaint that includes:
(1) an explanation of the child's and parent's or
person's rights under the law related to the issuance of the
citation to or filing of the complaint against the child, including
the right to legal counsel; and
(2) the potential consequences of the issuance of the
citation to or filing of the complaint against the child, including
the child's possible arrest.
(d) The Office of Court Administration of the Texas Judicial
System shall adopt a model notice for a peace officer, law
enforcement officer, school resource officer, or school to use for
purposes of Subsection (c).
SECTION 9. Subchapter E-1, Chapter 37, Education Code, is
amended by adding Section 37.1455 to read as follows:
Sec. 37.1455. REPORT ON CITATIONS. (a) Not later than the
60th day after the last day of classes for the school year, a school
district or open-enrollment charter school shall provide to the
agency, in the form and manner prescribed by commissioner rule, a
report on the number of citations issued to students enrolled in the
district or school during the preceding school year, disaggregated
by:
(1) the offense for which the citation was issued;
(2) the student's race;
(3) the student's sex;
(4) the student's age;
(5) the student's grade level;
(6) whether the student is eligible for the district's
or school's special education program under Subchapter A, Chapter
29; and
(7) whether the student is educationally
disadvantaged.
(b) The agency shall compile the information reported under
Subsection (a) and publish a report on the information on the
agency's Internet website.
(c) A report required under Subsection (a) or (b) may be
combined with another report required under other law.
SECTION 10. 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 11. This Act takes effect September 1, 2025.