HBA-MPM H.B. 898 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 898
By: Delisi
Public Education
3/28/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, the Education Code identifies activities for which a student
will or may be removed from class and placed in an alternative education
program.  These activities include conduct that contains elements of
assault, as set forth under Section 22.01(a)(1) (Assault), Penal Code
(intentionally, knowingly, or recklessly causing bodily injury to another).
The Education Code also identifies offenses for which a student will or may
be expelled. 

H.B. 898 authorizes school districts to expel a student who commits the
elements of assault under Section 22.01(a)(1), Penal Code, against a
district employee or volunteer. 

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 37.007 (b), Education Code, to include a
student engaging in conduct that contains the elements of an offense under
Section 22.01 (a)(1) (intentionally, knowingly, or recklessly causing
bodily injury to another) among the behavior for which a student may be
expelled if the student is attending a school-sponsored or school-related
activity on or off of school property and the offense is committed against
a school district employee or a volunteer as defined by Section 22.053
(School District Volunteers). 

SECTION 2.Makes application of this Act prospective beginning with the
1999-2000 school year. 

SECTION 3.Emergency clause.
  Effective date: upon passage.