Bill Text: TX SB217 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-11 - Referred to Public Education [SB217 Detail]
Download: Texas-2011-SB217-Comm_Sub.html
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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-04-11 - Referred to Public Education [SB217 Detail]
Download: Texas-2011-SB217-Comm_Sub.html
By: Huffman | S.B. No. 217 | |
(In the Senate - Filed November 17, 2010; January 31, 2011, | ||
read first time and referred to Committee on Education; | ||
March 30, 2011, reported favorably by the following vote: Yeas 9, | ||
Nays 0; March 30, 2011, sent to printer.) |
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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; [ |
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(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. | ||
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