Bill Text: TX SB217 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to expulsion of a public school student who commits certain criminal acts involving a computer, computer network, or computer system owned by or operated on behalf of a school district.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2011-04-11 - Referred to Public Education [SB217 Detail]

Download: Texas-2011-SB217-Engrossed.html

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By: Huffman S.B. No. 217

A BILL TO BE ENTITLED
AN ACT
relating to expulsion of a public school student who commits
certain criminal acts involving a computer, computer network, or
computer system owned by or operated on behalf of a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 37.007, Education Code,
is amended to read as follows:
(b) A student may be expelled if the student:
(1) engages in conduct involving a public school that
contains the elements of the offense of false alarm or report under
Section 42.06, Penal Code, or terroristic threat under Section
22.07, Penal Code;
(2) while on or within 300 feet of school property, as
measured from any point on the school's real property boundary
line, or while attending a school-sponsored or school-related
activity on or off of school property:
(A) sells, gives, or delivers to another person
or possesses, uses, or is under the influence of any amount of:
(i) marihuana or a controlled substance, as
defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq.;
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code; or
(iii) an alcoholic beverage, as defined by
Section 1.04, Alcoholic Beverage Code;
(B) engages in conduct that contains the elements
of an offense relating to an abusable volatile chemical under
Sections 485.031 through 485.034, Health and Safety Code;
(C) engages in conduct that contains the elements
of an offense under Section 22.01(a)(1), Penal Code, against a
school district employee or a volunteer as defined by Section
22.053; or
(D) engages in conduct that contains the elements
of the offense of deadly conduct under Section 22.05, Penal Code;
(3) subject to Subsection (d), while within 300 feet
of school property, as measured from any point on the school's real
property boundary line:
(A) engages in conduct specified by Subsection
(a); or
(B) possesses a firearm, as defined by 18 U.S.C.
Section 921; [or]
(4) engages in conduct that contains the elements of
any offense listed in Subsection (a)(2)(A) or (C) or the offense of
aggravated robbery under Section 29.03, Penal Code, against another
student, without regard to whether the conduct occurs on or off of
school property or while attending a school-sponsored or
school-related activity on or off of school property; or
(5) engages in conduct that contains the elements of
the offense of breach of computer security under Section 33.02,
Penal Code, if the conduct involves accessing a computer, computer
network, or computer system owned by or operated on behalf of a
school district.
SECTION 2. Subdivision (5), Subsection (b), Section 37.007,
Education Code, as added by this Act, applies only to a student who
engages in conduct described by Subdivision (5), Subsection (b),
Section 37.007 on or after the effective date of this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.