16 | 23 | | (a) The principal of a public or private primary or |
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17 | 24 | | secondary school, or a person designated by the principal under |
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18 | 25 | | Subsection (d), shall notify the chief administrative officer of |
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19 | 26 | | the school and any school district police department and the police |
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20 | 27 | | department of the municipality in which the school is located or, if |
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21 | 28 | | the school is not in a municipality, the sheriff of the county in |
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22 | 29 | | which the school is located if the principal has reasonable grounds |
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23 | 30 | | to believe that any of the following activities occur in school, on |
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24 | 31 | | school property, or at a school-sponsored or school-related |
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25 | 32 | | activity on or off school property, whether or not the activity is |
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26 | 33 | | investigated by school security officers: |
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27 | 34 | | (1) conduct that may constitute an offense listed |
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28 | 35 | | under Section 508.149, Government Code; |
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29 | 36 | | (2) deadly conduct under Section 22.05, Penal Code; |
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30 | 37 | | (3) a terroristic threat under Section 22.07, Penal |
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31 | 38 | | Code; |
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32 | 39 | | (4) the use, sale, or possession of a controlled |
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33 | 40 | | substance, drug paraphernalia, or marihuana under Chapter 481, |
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34 | 41 | | Health and Safety Code; |
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35 | 42 | | (5) the possession of any of the weapons or devices |
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36 | 43 | | listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal |
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37 | 44 | | Code; |
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38 | 45 | | (6) conduct that may constitute a criminal offense |
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39 | 46 | | under Section 71.02, Penal Code; [or] |
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40 | 47 | | (7) conduct that may constitute a criminal offense for |
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41 | 48 | | which a student may be expelled under Section 37.007(a), (d), or |
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42 | 49 | | (e); |
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43 | 50 | | (8) conduct that may constitute a criminal offense |
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44 | 51 | | under Section 20A.02, 20A.03, 21.02, 21.11, 21.12, 21.15, 21.16, |
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45 | 52 | | 21.165, 21.18, 21.19, 22.011, 22.021, 43.23, 43.24, 43.25, 43.26, |
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46 | 53 | | or 43.262, Penal Code; or |
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47 | 54 | | (9) conduct that may constitute a felony of the first |
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48 | 55 | | degree under Section 22.04, Penal Code. |
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49 | 56 | | (a-1) The chief administrative officer of a public or |
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50 | 57 | | private primary or secondary school shall notify the applicable law |
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51 | 58 | | enforcement agency described by Subsection (a) regarding conduct |
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52 | 59 | | described by that subsection immediately after becoming aware that |
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53 | 60 | | the principal of the school or the principal's designee under |
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54 | 61 | | Subsection (d) has failed to report the conduct as required by |
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55 | 62 | | Subsection (a). |
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56 | 63 | | (c-1) Immediately after becoming aware of conduct described |
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57 | 64 | | by Subsection (a), the principal of a public or private primary or |
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58 | 65 | | secondary school or the principal's designee under Subsection (d) |
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59 | 66 | | shall provide the notice required by Subsection (a). |
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60 | 67 | | (g) A principal who fails to report or ensure the |
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61 | 68 | | principal's designee under Subsection (d) has reported conduct as |
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62 | 69 | | required by Subsection (a) not later than 48 hours after becoming |
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63 | 70 | | aware of the conduct or a chief administrative officer who fails to |
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64 | 71 | | report conduct as required by Subsection (a-1) not later than 48 |
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65 | 72 | | hours after becoming aware that the principal or the principal's |
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66 | 73 | | designee did not report the conduct is liable to the state for a |
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67 | 74 | | civil penalty in the amount of $1,000 for each day after the |
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68 | 75 | | applicable 48-hour period that the principal, principal's |
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69 | 76 | | designee, or chief administrative officer fails to report conduct |
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70 | 77 | | in accordance with this section. The attorney general may sue to |
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71 | 78 | | collect a civil penalty under this subsection. |
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