82R1908 CAE-D
 
  By: Huffman S.B. No. 217
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to expulsion of a public school student who commits
  certain criminal acts involving a computer, computer network, or
  computer system owned by or operated on behalf of a school district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.007(b), Education Code, is amended to
  read as follows:
         (b)  A student may be expelled if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code, or terroristic threat under Section
  22.07, Penal Code;
               (2)  while 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 of school property:
                     (A)  sells, gives, or delivers to another person
  or possesses, uses, or is under the influence of any amount of:
                           (i)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code; or
                           (iii)  an alcoholic beverage, as defined by
  Section 1.04, Alcoholic Beverage Code;
                     (B)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code;
                     (C)  engages in conduct that contains the elements
  of an offense under Section 22.01(a)(1), Penal Code, against a
  school district employee or a volunteer as defined by Section
  22.053; or
                     (D)  engages in conduct that contains the elements
  of the offense of deadly conduct under Section 22.05, Penal Code;
               (3)  subject to Subsection (d), while within 300 feet
  of school property, as measured from any point on the school's real
  property boundary line:
                     (A)  engages in conduct specified by Subsection
  (a); or
                     (B)  possesses a firearm, as defined by 18 U.S.C.
  Section 921; [or]
               (4)  engages in conduct that contains the elements of
  any offense listed in Subsection (a)(2)(A) or (C) or the offense of
  aggravated robbery under Section 29.03, Penal Code, against another
  student, without regard to whether the conduct occurs on or off of
  school property or while attending a school-sponsored or
  school-related activity on or off of school property; or
               (5)  engages in conduct that contains the elements of
  the offense of breach of computer security under Section 33.02,
  Penal Code, if the conduct involves accessing a computer, computer
  network, or computer system owned by or operated on behalf of a
  school district.
         SECTION 2.  Section 37.007(b)(5), Education Code, as added
  by this Act, applies only to a student who engages in conduct
  described by Section 37.007(b)(5) on or after the effective date of
  this Act.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2011.