Bill Text: TX HB4336 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to requiring the expulsion of a public school student who engages in certain conduct that constitutes the offense of terroristic threat.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-04-10 - Left pending in committee [HB4336 Detail]

Download: Texas-2019-HB4336-Introduced.html
  86R16983 TSS-D
 
  By: Stickland H.B. No. 4336
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to requiring the expulsion of a public school student who
  engages in certain conduct that constitutes the offense of
  terroristic threat.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 37.007(a), (b), and (i), Education
  Code, are amended to read as follows:
         (a)  Except as provided by Subsection (k), a student shall be
  expelled from a school if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of terroristic threat under
  Section 22.07, Penal Code; or
               (2)  while [,] on school property or while attending a
  school-sponsored or school-related activity on or off of school
  property:
                     (A) [(1)]  engages in conduct that contains the
  elements of the offense of unlawfully carrying weapons under
  Section 46.02, Penal Code, or elements of an offense relating to
  prohibited weapons under Section 46.05, Penal Code;
                     (B) [(2)]  engages in conduct that contains the
  elements of the offense of:
                           (i) [(A)]  aggravated assault under Section
  22.02, Penal Code, sexual assault under Section 22.011, Penal Code,
  or aggravated sexual assault under Section 22.021, Penal Code;
                           (ii) [(B)] arson under Section 28.02, Penal
  Code;
                           (iii) [(C)] murder under Section 19.02,
  Penal Code, capital murder under Section 19.03, Penal Code, or
  criminal attempt, under Section 15.01, Penal Code, to commit murder
  or capital murder;
                           (iv) [(D)] indecency with a child under
  Section 21.11, Penal Code;
                           (v) [(E)]  aggravated kidnapping under
  Section 20.04, Penal Code;
                           (vi) [(F)] aggravated robbery under Section
  29.03, Penal Code;
                           (vii) [(G)] manslaughter under Section
  19.04, Penal Code;
                           (viii) [(H)] criminally negligent homicide
  under Section 19.05, Penal Code; or
                           (ix) [(I)] continuous sexual abuse of young
  child or children under Section 21.02, Penal Code; or
                     (C) [(3)]  engages in conduct specified by
  Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a
  felony.
         (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)(2) [(a)]; or
                     (B)  possesses a firearm, as defined by 18 U.S.C.
  Section 921;
               (4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(B)(i) [(a)(2)(A)] or (iii) 
  [(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:
                     (A)  the conduct involves accessing a computer,
  computer network, or computer system owned by or operated on behalf
  of a school district; and
                     (B)  the student knowingly:
                           (i)  alters, damages, or deletes school
  district property or information; or
                           (ii)  commits a breach of any other
  computer, computer network, or computer system.
         (i)  A student who engages in conduct described by Subsection
  (a)(2) [(a)] may be expelled from school by the district in which
  the student attends school if the student engages in that conduct:
               (1)  on school property of another district in this
  state; or
               (2)  while attending a school-sponsored or
  school-related activity of a school in another district in this
  state.
         SECTION 2.  Section 37.002(d), Education Code, is amended to
  read as follows:
         (d)  A teacher shall remove from class and send to the
  principal for placement in a disciplinary alternative education
  program or for expulsion, as appropriate, a student who engages in
  conduct described under Section 37.006 or 37.007. The student may
  not be returned to that teacher's class without the teacher's
  consent unless the committee established under Section 37.003
  determines that such placement is the best or only alternative
  available. If the teacher removed the student from class because
  the student has engaged in the elements of any offense listed in
  Section 37.006(a)(2)(B) or Section 37.007(a)(2)(B)(i) 
  [37.007(a)(2)(A)] or (b)(2)(C) against the teacher, the student may
  not be returned to the teacher's class without the teacher's
  consent. The teacher may not be coerced to consent.
         SECTION 3.  Section 37.0021(f), Education Code, is amended
  to read as follows:
         (f)  For purposes of this subsection, "weapon" includes any
  weapon described under Section 37.007(a)(2)(A) [37.007(a)(1)].
  This section does not prevent a student's locked, unattended
  confinement in an emergency situation while awaiting the arrival of
  law enforcement personnel if:
               (1)  the student possesses a weapon; and
               (2)  the confinement is necessary to prevent the
  student from causing bodily harm to the student or another person.
         SECTION 4.  Sections 37.007(a) and (b), Education Code, as
  amended by this Act, apply to any student who attends school on or
  after the effective date of this Act and who engaged in conduct
  described by those subsections, regardless of the date on which the
  conduct occurred.
         SECTION 5.  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, 2019.
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