Bill Text: TX SB1116 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the enforcement and punishment of certain prohibited conduct that occurs on a public school campus or on a vehicle owned by a county or school district.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1116 Detail]
Download: Texas-2011-SB1116-Introduced.html
Bill Title: Relating to the enforcement and punishment of certain prohibited conduct that occurs on a public school campus or on a vehicle owned by a county or school district.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1116 Detail]
Download: Texas-2011-SB1116-Introduced.html
82R7303 GCB-D | ||
By: Whitmire | S.B. No. 1116 |
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relating to the punishment of certain prohibited conduct that | ||
occurs on a public school campus or on a vehicle owned by a county or | ||
school district. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.001(a), Education Code, is amended to | ||
read as follows: | ||
(a) The board of trustees of an independent school district | ||
shall, with the advice of its district-level committee established | ||
under Subchapter F, Chapter 11, adopt a student code of conduct for | ||
the district. The student code of conduct must be posted and | ||
prominently displayed at each school campus or made available for | ||
review at the office of the campus principal. In addition to | ||
establishing standards for student conduct, the student code of | ||
conduct must: | ||
(1) specify the circumstances, in accordance with this | ||
subchapter, under which a student may be removed from a classroom, | ||
campus, [ |
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vehicle owned or operated by the district; | ||
(2) specify conditions that authorize or require a | ||
principal or other appropriate administrator to transfer a student | ||
to a disciplinary alternative education program; | ||
(3) outline conditions under which a student may be | ||
suspended as provided by Section 37.005 or expelled as provided by | ||
Section 37.007; | ||
(4) specify that consideration will be given, as a | ||
factor in each decision concerning suspension, removal to a | ||
disciplinary alternative education program, expulsion, or | ||
placement in a juvenile justice alternative education program, | ||
regardless of whether the decision concerns a mandatory or | ||
discretionary action, to: | ||
(A) self-defense; | ||
(B) intent or lack of intent at the time the | ||
student engaged in the conduct; | ||
(C) a student's disciplinary history; or | ||
(D) a disability that substantially impairs the | ||
student's capacity to appreciate the wrongfulness of the student's | ||
conduct; | ||
(5) provide guidelines for setting the length of a | ||
term of: | ||
(A) a removal under Section 37.006; and | ||
(B) an expulsion under Section 37.007; | ||
(6) address the notification of a student's parent or | ||
guardian of a violation of the student code of conduct committed by | ||
the student that results in suspension, removal to a disciplinary | ||
alternative education program, or expulsion; | ||
(7) prohibit bullying, harassment, and making hit | ||
lists and ensure that district employees enforce those | ||
prohibitions; and | ||
(8) provide, as appropriate for students at each grade | ||
level, methods, including options, for: | ||
(A) managing students in the classroom, [ |
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school grounds, and on a vehicle owned or operated by the district; | ||
(B) disciplining students; and | ||
(C) preventing and intervening in student | ||
discipline problems, including bullying, harassment, and making | ||
hit lists. | ||
SECTION 2. Section 37.126(a), Education Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 37.125, a person other | ||
than a primary or secondary grade student commits an offense if the | ||
person intentionally disrupts, prevents, or interferes with the | ||
lawful transportation of children to or from school or an activity | ||
sponsored by a school on a vehicle owned or operated by a county or | ||
independent school district. | ||
SECTION 3. Section 51.08(b), Family Code, is amended to | ||
read as follows: | ||
(b) A court in which there is pending a complaint against a | ||
child alleging a violation of a misdemeanor offense punishable by | ||
fine only other than a traffic offense or a violation of a penal | ||
ordinance of a political subdivision other than a traffic offense: | ||
(1) except as provided by Subsection (d), shall waive | ||
its original jurisdiction and refer the child to juvenile court if | ||
the child: | ||
(A) has previously been convicted of: | ||
(i) [ |
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punishable by fine only other than a traffic offense; | ||
(ii) [ |
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penal ordinance of a political subdivision other than a traffic | ||
offense; or | ||
(iii) [ |
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of misdemeanors described in Subparagraph (i) or (ii) [ |
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(B) is alleged to have engaged in conduct that | ||
violates Section 42.01, Penal Code, while on a public school campus | ||
and during regular school hours; and | ||
(2) may waive its original jurisdiction and refer the | ||
child to juvenile court if the child: | ||
(A) has not previously been convicted of a | ||
misdemeanor punishable by fine only other than a traffic offense or | ||
a violation of a penal ordinance of a political subdivision other | ||
than a traffic offense; or | ||
(B) has previously been convicted of fewer than | ||
two misdemeanors punishable by fine only other than a traffic | ||
offense or two violations of a penal ordinance of a political | ||
subdivision other than a traffic offense. | ||
SECTION 4. Section 37.124, Education Code, is repealed. | ||
SECTION 5. The change in law made by this Act in amending | ||
Section 51.08(b), Family Code, applies only to conduct that | ||
violates Section 42.01, Penal Code, and that occurs on or after the | ||
effective date of this Act. Conduct that violates Section 42.01, | ||
Penal Code, and that occurs before the effective date of this Act is | ||
governed by the law in effect at the time the conduct occurred, and | ||
the former law is continued in effect for that purpose. For the | ||
purposes of this section, conduct violating Section 42.01, Penal | ||
Code, occurs before the effective date of this Act if any element of | ||
the violation occurred before that date. | ||
SECTION 6. The change in law made by this Act in amending | ||
Section 37.126, Education Code, 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 7. This Act takes effect September 1, 2011. |