HBA-MPM H.B. 1741 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1741
By: Craddick
Public Education
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Current law under the Education and Penal Codes requires students to be
expelled or removed from class and placed in an alternative education
program if the student commits certain offenses, such as substance abuse
and distribution, possession of firearms or other weapons, aggravated and
sexual assault, or otherwise engages in conduct punishable as a felony.
H.B. 1741 includes assault of a teacher or other school employee as an
offense requiring expulsion, and assault against other persons within 300
feet of school property as an offense that requires the student's removal
from class and placement in an alternative education program. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 37.006(a), Education Code, to require that a
student be removed from class and placed in an alternative education
program as provided by Section 37.008 (Alternative Education Programs),
Education Code, if the student engages in conduct that contains elements of
the offense of assault under Section 22.01(a) (Assault), Penal Code, if
committed against a person other than a public school teacher or other
public school employee 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
school property. 

SECTION 2.  Amends Section 37.007(a), Education Code, to require that a
student be expelled from a school if the student engages in conduct that
contains the elements of the offense of assault under Section 22.01(a)(1),
Penal Code, if committed against a public school teacher or other public
school employee on school property or while attending a school-sponsored or
school-related activity on or off of school property.  Redesignates
existing Paragraphs (C)-(E) to Paragraphs (D)-(F). 

SECTION 3.  Makes this Act applicable beginning with the 1999-2000 school
year. 

SECTION 4.Emergency clause.
  Effective date: upon passage.