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.