By: Creighton  S.B. No. 1924          (In the Senate - Filed March 5, 2025; March 17, 2025, read   first time and referred to Committee on Education K-16;   April 7, 2025, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 9, Nays 1; April 7, 2025,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1924 By:  Middleton     A BILL TO BE ENTITLED   AN ACT     relating to the enforcement of certain criminal offenses on school   property.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Article 45A.453(h), Code of Criminal Procedure,   is amended to read as follows:          (h)  Except as provided by Subsection (i) [and Section   37.143(a), Education Code], for a traffic offense or an offense   punishable by fine only, a law enforcement officer may issue a   citation as provided by Article 14.06 instead of taking a child into   custody.          SECTION 2.  Section 28.025(c), Education Code, is amended to   read as follows:          (c)  A person may receive a diploma if the person is eligible   for a diploma under Section 28.0251. In other cases, a student may   graduate and receive a diploma only if:                (1)  the student successfully completes the curriculum   requirements identified by the State Board of Education under   Subsection (a) and complies with Sections 28.0256, 28.02565, and   39.025; or                (2)  the student successfully completes an   individualized education program developed under Section 29.005.          SECTION 3.  Subchapter B, Chapter 28, Education Code, is   amended by adding Section 28.02565 to read as follows:          Sec. 28.02565.  COMPLETION OF COMMUNITY SERVICE AND PAYMENT   OF FINES AND COSTS REQUIRED FOR SCHOOL OFFENSES BEFORE HIGH SCHOOL   GRADUATION. A student who has been convicted of or placed on   deferred adjudication community supervision for a school offense,   as defined by Section 37.141, may not graduate from high school and   receive a diploma unless the court in which the student was   convicted certifies to the school district or open-enrollment   charter school in which the student is enrolled that the student has   discharged all obligations to perform community service and pay   fines and costs imposed for that offense.          SECTION 4.  Section 37.143, Education Code, is amended to   read as follows:          Sec. 37.143.  [CITATION PROHIBITED;] CUSTODY OF CHILD. [(a)   A peace officer, law enforcement officer, or school resource   officer may not issue a citation to a child who is alleged to have   committed a school offense.          [(b)]  This subchapter does not prohibit a child from being   taken into custody under Section 52.01, Family Code.          SECTION 5.  Section 37.144, Education Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  Except as provided by Subsection (a-1), a [A] school   district that commissions peace officers under Section 37.081 may   develop a system of graduated sanctions that the school district   may require to be imposed on a child before a complaint is filed   under Section 37.145 against the child for a school offense that is   an offense under Section 37.124 or 37.126 or under Section   42.01(a)(1), (2), (3), (4), or (5), Penal Code. A system adopted   under this section must include multiple graduated sanctions. The   system may require:                (1)  a warning letter to be issued to the child and the   child's parent or guardian that specifically states the child's   alleged school offense and explains the consequences if the child   engages in additional misconduct;                (2)  a behavior contract with the child that must be   signed by the child, the child's parent or guardian, and an employee   of the school and that includes a specific description of the   behavior that is required or prohibited for the child and the   penalties for additional alleged school offenses, including   additional disciplinary action or the filing of a complaint in a   criminal court;                (3)  the performance of school-based community service   by the child; and                (4)  the referral of the child to counseling,   community-based services, or other in-school or out-of-school   services aimed at addressing the child's behavioral problems.          (a-1)  A school district may not adopt a system of graduated   sanctions before filing a complaint under Section 37.145 against a   child for a school offense if the conduct that constituted the   offense:                (1)  posed an imminent threat to a teacher's safety; or                (2)  resulted in physical harm to a teacher.          SECTION 6.  Section 37.145, Education Code, is amended to   read as follows:          Sec. 37.145.  CITATION OR COMPLAINT. (a) If a child is   alleged to have committed a school offense:                (1)  a peace officer, law enforcement officer, or   school resource officer may issue a citation to the child;                (2)  [If a child fails to comply with or complete   graduated sanctions under Section 37.144, or if the school district   has not elected to adopt a system of graduated sanctions under that   section,] the school may file a complaint against the child with a   criminal court in accordance with Section 37.146, if:                      (A)  the child fails to comply with or complete   graduated sanctions under Section 37.144; or                      (B)  the school district has not elected to adopt   a system of graduated sanctions under Section 37.144; or                (3)  for a school offense described by Section   37.144(a-1), the school shall file a complaint against the child   with a criminal court in accordance with Section 37.146 unless the   school has been notified under Subsection (b) that a peace officer,   law enforcement officer, or school resource officer has issued a   citation to the child for the alleged offense.          (b)  A peace officer, law enforcement officer, or school   resource officer who issues a citation to a child for a school   offense under Subsection (a)(1) shall notify the child's school of   the issuance of the citation.          (c)  A peace officer, law enforcement officer, or school   resource officer who issues a citation to a child under Subsection   (a)(1) or a school that files a complaint against a child under   Subsection (a)(2) or (3) shall immediately provide to the parent of   or person standing in parental relation to the child a written   notice regarding the issuance of the citation or filing of the   complaint that includes:                (1)  an explanation of the child's and parent's or   person's rights under the law related to the issuance of the   citation to or filing of the complaint against the child, including   the right to legal counsel; and                (2)  the potential consequences of the issuance of the   citation to or filing of the complaint against the child, including   the child's possible arrest.          (d)  The Office of Court Administration of the Texas Judicial   System shall adopt a model notice for a peace officer, law   enforcement officer, school resource officer, or school to use for   purposes of Subsection (c).          SECTION 7.  Subchapter E-1, Chapter 37, Education Code, is   amended by adding Section 37.1455 to read as follows:          Sec. 37.1455.  REPORT ON CITATIONS. (a) Not later than the   60th day after the last day of classes for the school year, a school   district or open-enrollment charter school shall provide to the   agency, in the form and manner prescribed by commissioner rule, a   report on the number of citations issued to students enrolled in the   district or school during the preceding school year, disaggregated   by:                (1)  the offense for which the citation was issued;                (2)  the student's race;                (3)  the student's sex;                (4)  the student's age;                (5)  the student's grade level;                (6)  whether the student is eligible for the district's   or school's special education program under Subchapter A, Chapter   29; and                (7)  whether the student is educationally   disadvantaged.          (b)  The agency shall compile the information reported under   Subsection (a) and publish a report on the information on the   agency's Internet website.           (c)  A report required under Subsection (a) or (b) may be   combined with another report required under other law.          SECTION 8.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 9.  This Act takes effect September 1, 2025.     * * * * *