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.