85R10756 MK-D
	By: Miles	S.B. No. 1258

	A BILL TO BE ENTITLED
	AN ACT
	relating to discretionary disciplinary action by public school
	districts regarding nonviolent offenses and the adjudication of a
	child who engages in conduct that constitutes a nonviolent offense
	on school property.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter E-1, Chapter 37, Education Code, is
	amended by adding Section 37.1441 to read as follows:
	Sec. 37.1441.  GRADUATED SANCTIONS FOR CERTAIN OFFENSES.
	(a)  A school district that has developed a system of graduated
	sanctions under Section 37.144 must make a good faith effort to
	impose graduated sanctions on a child before a complaint is filed
	against the child for a nonviolent offense.
	(b)  In this section, "nonviolent offense" means a property
	offense, drug offense, or offense against public order and decency
	that:
	(1)  does not involve a threat of harm against or an
	attack of a victim; and
	(2)  is subject to discretionary disciplinary action by
	the school district.
	SECTION 2.  Section 51.03(b), Family Code, as amended by
	Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts
	of the 84th Legislature, Regular Session, 2015, is reenacted and
	amended to read as follows:
	(b)  Conduct indicating a need for supervision is:
	(1)  subject to Subsection (f), conduct, other than a
	traffic offense, that violates:
	(A)  the penal laws of this state of the grade of
	misdemeanor that are punishable by fine only; or
	(B)  the penal ordinances of any political
	subdivision of this state;
	(2)  the voluntary absence of a child from the child's
	home without the consent of the child's parent or guardian for a
	substantial length of time or without intent to return;
	(3)  conduct prohibited by city ordinance or by state
	law involving the inhalation of the fumes or vapors of paint and
	other protective coatings or glue and other adhesives and the
	volatile chemicals itemized in Section 485.001, Health and Safety
	Code;
	(4)  an act that violates a school district's
	previously communicated written standards of student conduct for
	which the child has been expelled under Section 37.007(c),
	Education Code;
	(5) [(6)]  notwithstanding Subsection (a)(1), conduct
	described by Section 43.02(a) or (b), Penal Code; [or]
	(6) [(7)]  notwithstanding Subsection (a)(1), conduct
	that violates Section 43.261, Penal Code; or
	(7)  notwithstanding Subsection (a)(1), a nonviolent
	offense committed on property under the control and jurisdiction of
	a school district that would subject the child to discretionary
	disciplinary action by the school district under Section 37.1441,
	Education Code.
	SECTION 3.  Section 51.03, Family Code, is amended by adding
	Subsection (d) to read as follows:
	(d)  For purposes of Subsection (b)(7), "nonviolent offense"
	means a property offense, drug offense, or offense against public
	order and decency that does not involve a threat of harm against or
	an attack of a victim.
	SECTION 4.  The changes in law made by this Act apply only to
	an offense committed or conduct that occurs on or after the
	effective date of this Act.  An offense committed or conduct that
	occurs before the effective date of this Act is governed by the law
	in effect when the offense was committed or the conduct occurred,
	and the former law is continued in effect for that purpose.  For
	purposes of this section, an offense is committed or conduct occurs
	before the effective date of this Act if any element of the offense
	or the conduct occurs before the effective date.
	SECTION 5.  To the extent of any conflict, this Act prevails
	over another Act of the 85th Legislature, Regular Session, 2017,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 6.  This Act takes effect September 1, 2017.