By: Whitmire, Hinojosa	S.B. No. 1116
	(Madden, Giddings)

	A BILL TO BE ENTITLED
	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Article 45.058, Code of Criminal Procedure, is
	amended by adding Subsections (i) and (j) to read as follows:
	(i)  If a law enforcement officer issues a citation or files
	a complaint in the manner provided by Article 45.018 for conduct by
	a child 12 years of age or older that is alleged to have occurred on
	school property or on a vehicle owned or operated by a county or
	independent school district, the officer shall submit to the court
	the offense report, a statement by a witness to the alleged conduct,
	and a statement by a victim of the alleged conduct, if any. An
	attorney representing the state may not proceed in a trial of an
	offense unless the law enforcement officer complied with the
	requirements of this subsection.
	(j)  Notwithstanding Subsection (g) or (g-1), a law
	enforcement officer may not issue a citation or file a complaint in
	the manner provided by Article 45.018 for conduct by a child younger
	than 12 years of age that is alleged to have occurred on school
	property or on a vehicle owned or operated by a county or
	independent school district.
	SECTION 2.  Subsection (a), Section 37.001, 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, [or] disciplinary alternative education program, or
	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, [and] on
	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 3.  Subsections (b) and (f), Section 37.081,
	Education Code, are amended to read as follows:
	(b)  In a peace officer's jurisdiction, a peace officer
	commissioned under this section:
	(1)  has the powers, privileges, and immunities of
	peace officers;
	(2)  may enforce all laws, including municipal
	ordinances, county ordinances, and state laws; and
	(3)  may, in accordance with Chapter 52, Family Code,
	or Article 45.058, Code of Criminal Procedure, take a child
	[juvenile] into custody.
	(f)  The chief of police of the school district police
	department shall be accountable to the superintendent and shall
	report to the superintendent [or the superintendent's designee].
	School district police officers shall be supervised by the chief of
	police of the school district or the chief of police's designee and
	shall be licensed by the Commission on Law Enforcement Officer
	Standards and Education.
	SECTION 4.  Subsection (a), Section 37.124, Education Code,
	is amended to read as follows:
	(a)  A person other than a primary or secondary grade student
	commits an offense if the person, on school property or on public
	property within 500 feet of school property, alone or in concert
	with others, intentionally disrupts the conduct of classes or other
	school activities.
	SECTION 5.  Subsection (a), Section 37.126, 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 6.  Section 42.01, Penal Code, is amended by adding
	Subsection (a-1) to read as follows:
	(a-1)  For purposes of Subsection (a), the term "public
	place" includes a public school campus or school grounds on which a
	public school is located.
	SECTION 7.  The changes in law made by this Act in amending
	Article 45.058, Code of Criminal Procedure, Sections 37.124 and
	37.126, Education Code, and Section 42.01, Penal Code, apply 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 8.  This Act takes effect September 1, 2011.