Texas 2025 - 89th Regular

Texas Senate Bill SB1924 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Creighton S.B. No. 1924
2		-	(In the Senate - Filed March 5, 2025; March 17, 2025, read
3		-	first time and referred to Committee on Education K-16;
4		-	April 7, 2025, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 1; April 7, 2025,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1924 By: Middleton
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9	4
10	5
11	6		A BILL TO BE ENTITLED
12	7		AN ACT
13	8		relating to the enforcement of certain criminal offenses on school
14		-	property.
15		-	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16		-	SECTION 1. Article 45A.453(h), Code of Criminal Procedure,
17		-	is amended to read as follows:
18		-	(h) Except as provided by Subsection (i) [and Section
19		-	37.143(a), Education Code], for a traffic offense or an offense
20		-	punishable by fine only, a law enforcement officer may issue a
21		-	citation as provided by Article 14.06 instead of taking a child into
22		-	custody.
23		-	SECTION 2. Section 28.025(c), Education Code, is amended to
24		-	read as follows:
25		-	(c) A person may receive a diploma if the person is eligible
26		-	for a diploma under Section 28.0251. In other cases, a student may
27		-	graduate and receive a diploma only if:
28		-	(1) the student successfully completes the curriculum
29		-	requirements identified by the State Board of Education under
30		-	Subsection (a) and complies with Sections 28.0256, 28.02565, and
31		-	39.025; or
32		-	(2) the student successfully completes an
33		-	individualized education program developed under Section 29.005.
34		-	SECTION 3. Subchapter B, Chapter 28, Education Code, is
35		-	amended by adding Section 28.02565 to read as follows:
36		-	Sec. 28.02565. COMPLETION OF COMMUNITY SERVICE AND PAYMENT
37		-	OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL
38		-	GRADUATION. A student who has been convicted of or placed on
39		-	deferred adjudication community supervision for a school offense,
40		-	as defined by Section 37.141, may not graduate from high school and
41		-	receive a diploma unless the court in which the student was
42		-	convicted certifies to the school district or open-enrollment
43		-	charter school in which the student is enrolled that the student has
44		-	discharged all obligations to perform community service and pay
45		-	fines and costs imposed for that offense.
46		-	SECTION 4. Section 37.143, Education Code, is amended to
	9	+	property
	10	+	SECTION 1. Section 37.143, Education Code, is amended to
47	11		read as follows:
48	12		Sec. 37.143. [CITATION PROHIBITED;] CUSTODY OF CHILD. [(a)
49	13		A peace officer, law enforcement officer, or school resource
50	14		officer may not issue a citation to a child who is alleged to have
51	15		committed a school offense.
52	16		[(b)] This subchapter does not prohibit a child from being
53	17		taken into custody under Section 52.01, Family Code.
54		-	SECTION 5. Section 37.144, Education Code, is amended by
	18	+	SECTION 2. Section 37.144, Education Code, is amended by
55	19		amending Subsection (a) and adding Subsection (a-1) to read as
56	20		follows:
57	21		(a) Except as provided by Subsection (a-1), a [A] school
58	22		district that commissions peace officers under Section 37.081 may
59	23		develop a system of graduated sanctions that the school district
60	24		may require to be imposed on a child before a complaint is filed
61	25		under Section 37.145 against the child for a school offense that is
62	26		an offense under Section 37.124 or 37.126 or under Section
63	27		42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted
64	28		under this section must include multiple graduated sanctions. The
65	29		system may require:
66	30		(1) a warning letter to be issued to the child and the
67	31		child's parent or guardian that specifically states the child's
68	32		alleged school offense and explains the consequences if the child
69	33		engages in additional misconduct;
70	34		(2) a behavior contract with the child that must be
71	35		signed by the child, the child's parent or guardian, and an employee
72	36		of the school and that includes a specific description of the
73	37		behavior that is required or prohibited for the child and the
74	38		penalties for additional alleged school offenses, including
75	39		additional disciplinary action or the filing of a complaint in a
76	40		criminal court;
77	41		(3) the performance of school-based community service
78	42		by the child; and
79	43		(4) the referral of the child to counseling,
80	44		community-based services, or other in-school or out-of-school
81	45		services aimed at addressing the child's behavioral problems.
82	46		(a-1) A school district may not adopt a system of graduated
83	47		sanctions before filing a complaint under Section 37.145 against a
84	48		child for a school offense if the conduct that constituted the
85	49		offense:
86	50		(1) posed an imminent threat to a teacher's safety; or
87	51		(2) resulted in physical harm to a teacher.
88		-	SECTION 6. Section 37.145, Education Code, is amended to
	52	+	SECTION 5. Section 37.145, Education Code, is amended to
89	53		read as follows:
90		-	Sec. 37.145. CITATION OR COMPLAINT. ~~(a)~~ If a child is
91		-	~~alleged~~ to have committed a school offense:
	54	+	Sec. 37.145. CITATION OR COMPLAINT. If a child is alleged
	55	+	to have committed a school offense:
92	56		(1) a peace officer, law enforcement officer, or
93		-	school resource officer may issue a citation to the child;
	57	+	school resource officer may issue a citation to the child; or
94	58		(2) [If a child fails to comply with or complete
95	59		graduated sanctions under Section 37.144, or if the school district
96	60		has not elected to adopt a system of graduated sanctions under that
97	61		section,] the school may file a complaint against the child with a
98	62		criminal court in accordance with Section 37.146, if:
99	63		(A) the child fails to comply with or complete
100	64		graduated sanctions under Section 37.144; or
101	65		(B) the school district has not elected to adopt
102		-	a system of graduated sanctions under Section 37.144; or
103		-	(3) for a school offense described by Section
104		-	37.144(a-1), the school shall file a complaint against the child
105		-	with a criminal court in accordance with Section 37.146 unless the
106		-	school has been notified under Subsection (b) that a peace officer,
107		-	law enforcement officer, or school resource officer has issued a
108		-	citation to the child for the alleged offense.
109		-	(b) A peace officer, law enforcement officer, or school
110		-	resource officer who issues a citation to a child for a school
111		-	offense under Subsection (a)(1) shall notify the child's school of
112		-	the issuance of the citation.
113		-	(c) A peace officer, law enforcement officer, or school
114		-	resource officer who issues a citation to a child under Subsection
115		-	(a)(1) or a school that files a complaint against a child under
116		-	Subsection (a)(2) or (3) shall immediately provide to the parent of
117		-	or person standing in parental relation to the child a written
118		-	notice regarding the issuance of the citation or filing of the
119		-	complaint that includes:
120		-	(1) an explanation of the child's and parent's or
121		-	person's rights under the law related to the issuance of the
122		-	citation to or filing of the complaint against the child, including
123		-	the right to legal counsel; and
124		-	(2) the potential consequences of the issuance of the
125		-	citation to or filing of the complaint against the child, including
126		-	the child's possible arrest.
127		-	(d) The Office of Court Administration of the Texas Judicial
128		-	System shall adopt a model notice for a peace officer, law
129		-	enforcement officer, school resource officer, or school to use for
130		-	purposes of Subsection (c).
131		-	SECTION 7. Subchapter E-1, Chapter 37, Education Code, is
132		-	amended by adding Section 37.1455 to read as follows:
133		-	Sec. 37.1455. REPORT ON CITATIONS. (a) Not later than the
134		-	60th day after the last day of classes for the school year, a school
135		-	district or open-enrollment charter school shall provide to the
136		-	agency, in the form and manner prescribed by commissioner rule, a
137		-	report on the number of citations issued to students enrolled in the
138		-	district or school during the preceding school year, disaggregated
139		-	by:
140		-	(1) the offense for which the citation was issued;
141		-	(2) the student's race;
142		-	(3) the student's sex;
143		-	(4) the student's age;
144		-	(5) the student's grade level;
145		-	(6) whether the student is eligible for the district's
146		-	or school's special education program under Subchapter A, Chapter
147		-	29; and
148		-	(7) whether the student is educationally
149		-	disadvantaged.
150		-	(b) The agency shall compile the information reported under
151		-	Subsection (a) and publish a report on the information on the
152		-	agency's Internet website.
153		-	(c) A report required under Subsection (a) or (b) may be
154		-	combined with another report required under other law.
155		-	SECTION 8. The change in law made by this Act applies only
	66	+	a system of graduated sanctions under Section 37.144.
	67	+	(3) the school shall file a complaint against the
	68	+	child with a criminal court in accordance with Section 37.146, if:
	69	+	(A) the school district may not impose graduated
	70	+	sanctions under 37.144(a-1).
	71	+	SECTION 3. The change in law made by this Act applies only
156	72		to an offense committed on or after the effective date of this Act.
157	73		An offense committed before the effective date of this Act is
158	74		governed by the law in effect on the date the offense was committed,
159	75		and the former law is continued in effect for that purpose. For
160	76		purposes of this section, an offense was committed before the
161	77		effective date of this Act if any element of the offense occurred
162	78		before that date.
163		-	SECTION 9. This Act takes effect September 1, 2025.
164		-	* * * * *
	79	+	SECTION 4. This Act takes effect September 1, 2025.