Bill Text: TX SB392 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to discretionary disciplinary action by public school districts regarding nonviolent offenses and the adjudication of a child who engages in conduct that constitutes a nonviolent offense on school property.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-14 - Referred to Education [SB392 Detail]
Download: Texas-2019-SB392-Introduced.html
86R5631 LHC-D | ||
By: Miles | S.B. No. 392 |
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relating to discretionary disciplinary action by public school | ||
districts regarding nonviolent offenses and the adjudication of a | ||
child who engages in conduct that constitutes a nonviolent offense | ||
on school property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter E-1, Chapter 37, Education Code, is | ||
amended by adding Section 37.1441 to read as follows: | ||
Sec. 37.1441. GRADUATED SANCTIONS FOR CERTAIN OFFENSES. | ||
(a) A school district that has developed a system of graduated | ||
sanctions under Section 37.144 must make a good faith effort to | ||
impose graduated sanctions on a child before a complaint is filed | ||
against the child for a nonviolent offense. | ||
(b) In this section, "nonviolent offense" means a property | ||
offense, drug offense, or offense against public order and decency | ||
that: | ||
(1) does not involve a threat of harm against or an | ||
attack of a victim; and | ||
(2) is subject to discretionary disciplinary action by | ||
the school district. | ||
SECTION 2. Section 51.03(b), Family Code, is amended to | ||
read as follows: | ||
(b) Conduct indicating a need for supervision is: | ||
(1) subject to Subsection (f), conduct, other than a | ||
traffic offense, that violates: | ||
(A) the penal laws of this state of the grade of | ||
misdemeanor that are punishable by fine only; or | ||
(B) the penal ordinances of any political | ||
subdivision of this state; | ||
(2) the voluntary absence of a child from the child's | ||
home without the consent of the child's parent or guardian for a | ||
substantial length of time or without intent to return; | ||
(3) conduct prohibited by city ordinance or by state | ||
law involving the inhalation of the fumes or vapors of paint and | ||
other protective coatings or glue and other adhesives and the | ||
volatile chemicals itemized in Section 485.001, Health and Safety | ||
Code; | ||
(4) an act that violates a school district's | ||
previously communicated written standards of student conduct for | ||
which the child has been expelled under Section 37.007(c), | ||
Education Code; | ||
(5) notwithstanding Subsection (a)(1), conduct | ||
described by Section 43.02(a) or (b), Penal Code; [ |
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(6) notwithstanding Subsection (a)(1), conduct that | ||
violates Section 43.261, Penal Code; or | ||
(7) notwithstanding Subsection (a)(1), a nonviolent | ||
offense committed on property under the control and jurisdiction of | ||
a school district that would subject the child to discretionary | ||
disciplinary action by the school district under Section 37.1441, | ||
Education Code. | ||
SECTION 3. Section 51.03, Family Code, is amended by adding | ||
Subsection (d) to read as follows: | ||
(d) For purposes of Subsection (b)(7), "nonviolent offense" | ||
means a property offense, drug offense, or offense against public | ||
order and decency that does not involve a threat of harm against or | ||
an attack of a victim. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an offense committed or conduct that occurs on or after the | ||
effective date of this Act. An offense committed or conduct that | ||
occurs before the effective date of this Act is governed by the law | ||
in effect when the offense was committed or the conduct occurred, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense is committed or conduct occurs | ||
before the effective date of this Act if any element of the offense | ||
or the conduct occurs before the effective date. | ||
SECTION 5. This Act takes effect September 1, 2019. |