By: Creighton S.B. No. 1924       Hinojosa of Nueces, West     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.  Subchapter J, Chapter 45A, Code of Criminal   Procedure, is amended by adding Articles 45A.4621 and 45A.465 to   read as follows:          Art. 45A.4621.  CONFIDENTIAL RECORDS RELATED TO SCHOOL   OFFENSES; CERTAIN PROCEEDINGS CLOSED. (a) In this article,   "child" and "school offense" have the meanings assigned by Section   37.141, Education Code.          (b)  Information relating to a citation issued to or   complaint filed against a child for a school offense:                (1)  except as provided by Subsection (c), is   confidential and not subject to public disclosure under Chapter   552, Government Code; and                (2)  may not be disclosed by the child's school to any   individual other than the child's parent or person standing in   parental relation.          (c)  Information described by Subsection (b), except for a   child's personally identifying information, may be disclosed for   legislative purposes under Section 552.008, Government Code.          (d)  A court in which a complaint is filed or a case is   pending against a child for a school offense must ensure that the   name or other personally identifying information of the child is   not publicly disclosed, including on the court's docket.          (e)  Notwithstanding any other law, proceedings of a case   involving a school offense by a child who is 15 years of age or   younger may not be open to the public.          (f)  A court record, including a finding of guilt or   innocence by the court, for a case involving a school offense by a   child must be sealed on final judgment and remain confidential.          Art. 45A.465.  EXPUNCTION OF RECORDS RELATED TO SCHOOL   OFFENSE. (a) In this article, "school offense" has the meaning   assigned by Section 37.141, Education Code.          (b)  An individual who has been convicted of a school offense   or has had a complaint for a school offense dismissed is entitled to   an expunction of the conviction or complaint and records relating   to the conviction or complaint on the earliest of the following   dates:                (1)  the date on which the individual graduates from   high school or obtains a high school equivalency certificate; or                (2)  the date on which the individual is no longer   eligible to attend a public school under Section 25.001, Education   Code.          (c)  The school district at which an individual who was   convicted of or against whom a complaint was filed for a school   offense was enrolled at the time of the offense shall notify the   court in which the individual was convicted or the complaint was   filed of the individual's eligibility for expunction on the   earliest of the dates described by Subsection (b).          (d)  Regardless of whether the individual has filed a   petition for expunction, the court in which the individual was   convicted or a complaint for a school offense was filed shall order   the conviction, complaints, verdicts, sentences, and other   documents relating to the offense, including any documents in the   possession of a public school or law enforcement agency, to be   expunged from the individual's record.          (e)  After entry of the order, the individual is released   from all disabilities resulting from the conviction or complaint,   and the conviction or complaint may not be shown or made known for   any purpose.          SECTION 3.  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 4.  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 5.  Subchapter C, Chapter 37, Education Code, is   amended by adding Section 37.0851 to read as follows:          Sec. 37.0851.  RESTRICTIONS ON ARREST OF CHILD. A peace   officer, law enforcement officer, or school resource officer:                (1)  may not, in plain view of students of a school   district, arrest a child for an offense committed on property under   the control and jurisdiction of the district unless the child poses   an immediate threat to the child's self, a teacher, or a student;   and                (2)  must comply with Section 37.0021(j) in making an   arrest of a child for an offense described by Subdivision (1).          SECTION 6.  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 7.  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 shall   [may] develop a system of graduated sanctions that the school   district may require to be imposed on a child before a complaint is   filed or a citation is issued 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, mental health 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 8.  Section 37.145, Education Code, is amended to   read as follows:          Sec. 37.145.  CITATION OR COMPLAINT.  (a) If a child fails to   comply with or complete graduated sanctions under Section 37.144,   or if the school district is not required [has not elected] to adopt   a system of graduated sanctions under that section:                (1)  subject to Subsection (a-3), the school may file a   complaint against the child with a criminal court in accordance   with Section 37.146; or                (2)  a peace officer, law enforcement officer, or   school resource officer may issue a citation to the child.          (a-1)  A peace officer, law enforcement officer, or school   resource officer must attach to a citation issued under Subsection   (a)(2):                (1)  a sworn statement by a person with personal   knowledge of the underlying facts giving rise to probable cause to   believe that an offense has been committed; and                (2)  a statement from a school employee stating:                      (A)  whether the child is eligible for or receives   special services under Subchapter A, Chapter 29; and                      (B)  the graduated sanctions, if required under   Section 37.144, that were imposed on the child before the complaint   was filed.          (a-2)  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 knows that a peace officer, law enforcement officer, or   school resource officer has issued a citation to the child for the   alleged offense.          (a-3)  The school may not file a complaint against a child   with a criminal court in accordance with Section 37.146 for a school   offense if the school knows 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)(2) 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)(2) or a school that files a complaint against a child under   Subsection (a)(1) or (a-2) 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 9.  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 10.  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 11.  This Act takes effect September 1, 2025.