HB2044 - Relating to certain offenses and conduct subject to expulsion that are associated with possessing, carrying, exhibiting, or using a firearm on or within 1,000 feet of school property.

  89R9061 AJZ-D     By: Goodwin H.B. No. 2044       A BILL TO BE ENTITLED   AN ACT   relating to certain offenses and conduct subject to expulsion that   are associated with possessing, carrying, exhibiting, or using a   firearm on or within 1,000 feet of school property.          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)   while within 300 feet of school property, as   measured from any point on the school's real property boundary   line, engages in conduct specified by Subsection (a); or                      (B)   while on or within 1,000 feet of school   property, as measured from any point on the school's real property   boundary line, possesses a firearm, as defined by 18 U.S.C. Section   921;                (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:                      (A)  the conduct involves accessing a computer,   computer network, or computer system owned by or operated on behalf   of a school district; and                      (B)  the student knowingly:                            (i)  alters, damages, or deletes school   district property or information; or                            (ii)  commits a breach of any other   computer, computer network, or computer system.          SECTION 2.  Section 37.08131(b), Education Code, is amended   to read as follows:          (b)  A public or private primary or secondary school may   enter into a memorandum of understanding with another public or   private primary or secondary school under which a school marshal   appointed to a campus of the school may temporarily act as a school   marshal at a campus of the other school for the duration of an event   occurring at the campus of the other school at which both schools   are participating.  The memorandum of understanding must comply   with the requirements for written regulations under Section 37.0811   or 37.0813, as applicable, and may be used to satisfy the   requirement for written regulations or written authorization under   Section 46.03(a)(1-a) [ 46.03(a)(1) ], Penal Code, to allow that   school marshal to carry a firearm on the premises of the public or   private primary or secondary school at which the event occurs.          SECTION 3.  Section 37.0814(d), Education Code, is amended   to read as follows:          (d)  The board of trustees of a school district that claims a   good cause exception under Subsection (c) must develop an   alternative standard with which the district is able to comply,   which may include providing a person to act as a security officer   who is:                (1)  a school marshal; or                (2)  a school district employee or a person with whom   the district contracts who:                      (A)  has completed school safety training   provided by a qualified handgun instructor certified in school   safety under Section 411.1901, Government Code; and                      (B)  carries a handgun on school premises in   accordance with written regulations or written authorization of the   district under Section 46.03(a)(1-a) [ 46.03(a)(1)(A) ], Penal Code.          SECTION 4.  The heading to Section 37.125, Education Code,   is amended to read as follows:          Sec. 37.125.   POSSESSION, EXHIBITION, USE, OR THREAT OF   EXHIBITION OR USE OF FIREARMS.           SECTION 5.  Section 37.125(a), Education Code, is amended to   read as follows:          (a)  A person commits an offense if, in a manner intended to   cause alarm or personal injury to another person or to damage school   property, the person intentionally:                (1)   possesses, exhibits , or uses a firearm:                      (A)   on or within 1,000 feet of property owned by a   private or public school, as measured from any point on the school's   real property boundary line [ in or on any property, including a   parking lot, parking garage, or other parking area, that is owned by   a private or public school ]; or                      (B)  on a school bus being used to transport   children to or from school-sponsored activities of a private or   public school;                (2)  threatens to exhibit or use a firearm [ in or ] on or   within 1,000 feet of  property described by Subdivision (1)(A) or on   a bus described by Subdivision (1)(B) and [ was in possession of or ]   had immediate access to the firearm; or                (3)  threatens to exhibit or use a firearm [ in or ] on or   within 1,000 feet of property described by Subdivision (1)(A) or on   a bus described by Subdivision (1)(B).          SECTION 6.  Section 46.03, Penal Code, is amended by   amending Subsection (a) and adding Subsection (j) to read as   follows:          (a)  A person commits an offense if the person intentionally,   knowingly, or recklessly possesses or goes with a firearm,   location-restricted knife, club, or prohibited weapon listed in   Section 46.05(a):                (1)   with respect to a location-restricted knife, club,   or prohibited weapon listed in Section 46.05(a), on the premises of   a school, on any grounds or building owned by and under the control   of a school and on which an activity sponsored by the school is   being conducted, or in a passenger transportation vehicle of a   school, whether the school is public or private, unless the person   possesses or goes with the weapon pursuant to written regulations   or written authorization of the school;                 (1-a)     with respect to a firearm, on or within 1,000   feet of the premises of a school, on or within 1,000 feet of any   grounds or building owned by and under the control of a school and   on which an activity sponsored by the school is being conducted, or   in a passenger transportation vehicle of a school, whether the   school is public or private, unless the person possesses or goes   with the firearm pursuant to written regulations or written   authorization of the school;                 (1-b)   on the premises of a [ school or ] postsecondary   educational institution, on any grounds or building owned by and   under the control of a [ school or ] postsecondary educational   institution and on which an activity sponsored by the [ school or ]   institution is being conducted, or in a passenger transportation   vehicle of a [ school or ] postsecondary educational institution,   whether the [ school or ] postsecondary educational institution is   public or private, unless:                      (A)  pursuant to written regulations or written   authorization of the [ school or ] institution; or                      (B)  the person possesses or goes on the premises,   grounds, or building of the institution or in the passenger   transportation vehicle of the institution with a concealed handgun   that the person is licensed to carry under Subchapter H, Chapter   411, Government Code, and no other weapon to which this section   applies[ , on the premises of a postsecondary educational   institution, on any grounds or building owned by and under the   control of the institution and on which an activity sponsored by the   institution is being conducted, or in a passenger transportation   vehicle of the institution ];                (2)  on the premises of a polling place on the day of an   election or while early voting is in progress;                (3)  on the premises of any government court or offices   utilized by the court, unless pursuant to written regulations or   written authorization of the court;                (4)  on the premises of a racetrack;                (5)  in or into a secured area of an airport;                (6)  within 1,000 feet of premises the locatio [Text truncated for display. 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