HBA-MPM H.B. 1783 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1783 By: King, Tracy Public Education 3/25/1999 Introduced BACKGROUND AND PURPOSE Current law states that a student may be expelled from a school in the instance of an assault by the student, if the assault is aggravated (assault in which the assailant uses a weapon or causes serious bodily harm). Similarly, a student may be removed from class and placed in an alternative education program for committing an offense under Section 22.01(a) (Assault), Penal Code (intentionally, knowingly, or recklessly causing bodily injury to another, including the person's spouse). H.B. 1783 allows for the expulsion of students who commit assault, in addition to aggravated assault, and allows for the placement of students in an alternative education program if they commit assault as described by Section 22.01(a)(2) or (3), Penal Code (intentionally or knowingly threatening another with imminent bodily injury, including the person's spouse, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative), in addition to Section 22.01(a)(1). 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, Education Code, by adding Subsection (d-1) as follows: (d-1) Provides that a student may 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 the elements of the offense of assault under Section 22.01(a)(2) or (3) (Assault), Penal Code, while on school property or attending a school-sponsored or school-related activity on or off school property. Section 22.01(a)(2) and (3) state, respectively, that a person commits an offense if the person intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse, or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. SECTION 2. Amends Section 37.007(b), Education Code, to provide that a student may be expelled if the student engages in conduct that contains the elements of assault under Section 22.01, Penal Code, while on school property or while attending a school-sponsored or school-related activity on or off school property. SECTION 3. Makes this Act applicable beginning with the 1999-2000 school year. SECTION 4.Emergency clause. Effective date: upon passage.