89R9770 JDK-D
By: King S.B. No. 2392
A BILL TO BE ENTITLED
AN ACT
relating to notice to local law enforcement of certain offenses
occurring on public or private school property or at
school-sponsored or school-related activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 37.015, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (c-1) to
read as follows:
(a) The principal of a public or private primary or
secondary school, or a person designated by the principal under
Subsection (d), shall notify any school district police department
and the police department of the municipality in which the school is
located or, if the school is not in a municipality, the sheriff of
the county in which the school is located if the principal has
reasonable grounds to believe that any of the following activities
occur in school, on school property, or at a school-sponsored or
school-related activity on or off school property, whether or not
the activity is investigated by school security officers:
(1) conduct that may constitute an offense listed
under Section 508.149, Government Code;
(2) deadly conduct under Section 22.05, Penal Code;
(3) a terroristic threat under Section 22.07, Penal
Code;
(4) the use, sale, or possession of a controlled
substance, drug paraphernalia, or marihuana under Chapter 481,
Health and Safety Code;
(5) the possession of any of the weapons or devices
listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal
Code;
(6) conduct that may constitute a criminal offense
under Section 71.02, Penal Code; [or]
(7) conduct that may constitute a criminal offense for
which a student may be expelled under Section 37.007(a), (d), or
(e);
(8) conduct that may constitute a criminal offense
under Section 20A.02, 20A.03, 21.02, 21.11, 21.15, 21.16, 21.165,
21.18, 21.19, 22.011, 22.021, 43.23, 43.24, 43.25, 43.26, or
43.262, Penal Code; or
(9) conduct that may constitute a felony of the first
degree under Section 22.04, Penal Code.
(c) Except as provided by Subsection (c-1), a [A]
notification is not required under Subsection (a) if the person
reasonably believes that the activity does not constitute a
criminal offense.
(c-1) As soon as practicable but not later than 72 hours
after becoming aware of conduct described by Subsection (a)(8) or
(9), the principal of a public or private primary or secondary
school shall provide the notice required by Subsection (a).
SECTION 2. The change in law made by this Act applies only
to conduct that occurs on or after the effective date of this Act.
Conduct that occurs before the effective date of this Act is
governed by the law in effect on the date the conduct occurred, and
the former law is continued in effect for that purpose. For the
purposes of this section, conduct occurs before the effective date
of this Act if any element of the conduct occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.