H.B. No. 1314




AN ACT



relating to public school student discipline.


	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:


[SECTIONS 1-24 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]


	SECTION 25.  Article 15.27(b), Code of Criminal Procedure,
is amended to read as follows:


	(b)  On conviction, deferred prosecution, or deferred
adjudication or [on] an adjudication
of delinquent conduct of an individual enrolled as
a student in a public primary or secondary school,
for an offense or for any conduct listed in Subsection
(h) of this article, the office of the prosecuting
attorney acting in the case shall orally notify the
superintendent or a person designated by the superintendent
in the school district in which the student is enrolled
of the conviction or adjudication.  Oral notification
must be given within 24 hours of the time of the order
[determination of guilt,] or on the
next school day.  The superintendent shall promptly
notify all instructional and support personnel who
have regular contact with the student.  Within seven
days after the date the oral notice is given, the office
of the prosecuting attorney shall mail written notice,
which must contain a statement of the offense of which
the individual is convicted or on which the adjudication,
deferred adjudication, or deferred prosecution
is grounded.


	SECTION 26.  Article 15.27(e)(2), Code of Criminal Procedure,
is amended to read as follows:


		(2)  On conviction, deferred prosecution, or deferred
adjudication or an adjudication of delinquent conduct
of an individual enrolled as a student in a private
primary or secondary school, the office of prosecuting
attorney shall make the oral and written notifications
described by Subsection (b) of this article to the
principal or a school employee designated by the principal
of the school in which the student is enrolled.


	SECTION 27.  Article 15.27(g), Code of Criminal Procedure,
is amended to read as follows:


	(g)  The office of the prosecuting attorney or the office
or official designated by the juvenile board shall,
within two working days, notify the school district
that removed a student to a disciplinary [an]
alternative education program under Section 37.006,
Education Code, if:


		(1)  prosecution of the student's case was refused for
lack of prosecutorial merit or insufficient evidence
and no formal proceedings, deferred adjudication, or
deferred prosecution will be initiated; or


		(2)  the court or jury found the student not guilty
or made a finding the child did not engage in delinquent
conduct or conduct indicating a need for supervision
and the case was dismissed with prejudice.


[SECTIONS 28-31 omitted from website. The full text is available at
ftp://ftp2.capitol.state.tx.us/pub/lis/78r/]



	SECTION 32.  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, 2003.
______________________________ ______________________________

President of the Senate Speaker of the House

I certify that H.B. No. 1314 was passed by the House on May 10, 2003, by the following vote: Yeas 136, Nays 0, 2 present, not voting; that the House refused to concur in Senate amendments to H.B. No. 1314 on May 30, 2003, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 1314 on June 1, 2003, by the following vote: Yeas 136, Nays 6, 2 present, not voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 1314 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 1314 on June 1, 2003, by the following vote: Yeas 31, Nays 0.

______________________________

Secretary of the Senate

APPROVED: __________________

Date

__________________

Governor