HBA-LCA H.B. 3471 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3471
By: Olivo
Public Education
3/26/1999
Introduced



BACKGROUND AND PURPOSE 

Current law allows a school district to commission peace officers to
perform administrative and law enforcement duties on school property, and
to issue to students citations for code of conduct violations that are
neither serious nor violent in nature.  Fines associated with these
citations are likely to be paid by parents, some of whom may not be able to
afford the fine.  H.B. 3471 allows the issuance of citations only for
offenses punishable under the Penal Code. 

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 Subchapter C, Chapter 37, Education Code, by adding
Section 37.0811, as follows: 

Sec. 37.0811.  ISSUANCE OF CERTAIN CITATIONS PROHIBITED.  Prohibits a
school district peace officer or other peace officer, notwithstanding any
other provision of this chapter, from issuing a citation to a student for
disruptive behavior, including a violation of a student code of conduct, if
the student's behavior is not punishable under the Penal Code. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Makes application of this Act prospective.
            
SECTION 4.  Emergency clause.