85R6059 MM-D
 
  By: Johnson of Dallas H.B. No. 674
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the suspension of a student younger than six years of
  age from public school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.005, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  A student who is younger than six years of age may not be
  placed in out-of-school suspension unless while on school property
  or while attending a school-sponsored or school-related activity on
  or off of school property, the student engages in:
               (1)  conduct that contains the elements of an offense
  related to weapons under Section 46.02 or 46.05, Penal Code;
               (2)  conduct that contains the elements of a violent
  offense under Section 22.01, 22.011, 22.02, or 22.021, Penal Code;
  or
               (3)  selling, giving, or delivering to another person
  or possessing, using, or being under the influence of any amount of:
                     (A)  marihuana or a controlled substance, as
  defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.;
                     (B)  a dangerous drug, as defined by Chapter 483,
  Health and Safety Code; or
                     (C)  an alcoholic beverage, as defined by Section
  1.04, Alcoholic Beverage Code.
         SECTION 2.  This Act applies beginning with the 2017-2018
  school year.
         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, 2017.