HBA-MPM H.B. 498 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 498 By: Corte Public Education 3/23/1999 Introduced BACKGROUND AND PURPOSE Educators in Texas schools are increasingly becoming the victims of assault by their students. Under current state law, assault on a school employee is not an offense that warrants expulsion. H.B. 498 requires the expulsion of a student who assaults a school employee within 300 feet of school property or while attending a school-sponsored or school-related event on or off school property. Furthermore, this bill requires the placement of the student in an alternative education program if the student assaults a person other than a school employee under the same circumstances. 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 the removal from class and placement in an alternative education program of a student who, within 300 feet of school property or while attending a school sponsored or school-related activity on or off school property, commits elements of assault under Section 22.01(a) against a person other than a school employee. SECTION 2. Amends Section 37.007(a), Education Code, to require the expulsion of a student who, within 300 feet of school property or while attending a school-sponsored or school-related activity on or off of school property, commits elements of assault under Section 22.01(a)(1), Penal Code, against a school employee. Redesignates (a)(2)(B)-(a)(2)(E) to (a)(2)(C)-(a)(2)(F). SECTION 3. Provides that this Act applies beginning with the 1999-2000 school year. SECTION 4. Emergency clause. Effective date: upon passage.