reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1081. Public Hearing on Multihazard Emergency Operations Plan Noncompliance

Sec. 37.1081.  PUBLIC HEARING ON MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE.  (a)  If the board of trustees of a school district receives notice of noncompliance under Section 37.207(e) or 37.2071(d) or (g), the board shall hold a public hearing to notify the public of:
(1)  the district's failure to:
(A)  submit or correct deficiencies in a multihazard emergency operations plan; or
(B)  report the results of a safety and security audit to the Texas School Safety Center as required by law;
(2)  the dates during which the district has not been in compliance; and
(3)  the names of each member of the board of trustees and the superintendent serving in that capacity during the dates the district was not in compliance.
(b)  The school district shall provide the information required under Subsection (a)(3) in writing to each person in attendance at the hearing.
(c)  The board shall give members of the public a reasonable opportunity to appear before the board and to speak on the issue of the district's failure to submit or correct deficiencies in a multihazard emergency operations plan or report the results of a safety and security audit during a hearing held under this section.
(d)  A school district required to hold a public hearing under Subsection (a) shall provide written confirmation to the Texas School Safety Center that the district held the hearing.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 13, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1082. Multihazard Emergency Operations Plan Noncompliance; Appointment of Conservator or Board of Managers

Sec. 37.1082.  MULTIHAZARD EMERGENCY OPERATIONS PLAN NONCOMPLIANCE; APPOINTMENT OF CONSERVATOR OR BOARD OF MANAGERS.  (a)  If the agency receives notice from the Texas School Safety Center of a school district's failure to submit a multihazard emergency operations plan, the commissioner may appoint a conservator for the district under Chapter 39A.  The conservator may order the district to adopt, implement, and submit a multihazard emergency operations plan.
(b)  If a district fails to comply with a conservator's order to adopt, implement, and submit a multihazard emergency operations plan within the time frame imposed by the commissioner, the commissioner may appoint a board of managers under Chapter 39A to oversee the operations of the district.
(c)  The commissioner may adopt rules as necessary to administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 11, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1084. Regional School Safety Review Teams

Sec. 37.1084.  REGIONAL SCHOOL SAFETY REVIEW TEAMS.  (a)  In this section:
(1)  "Office" means the office of school safety and security established under Section 37.1083.
(2)  "Team" means a school safety review team established under this section.
(b)  The office shall establish a school safety review team in each region served by a regional education service center.  A team shall annually conduct on-site general intruder detection audits of school district campuses in the team's region.  In conducting an intruder detection audit, a team must:
(1)  use a rubric developed by the office in consultation with the Texas School Safety Center;
(2)  not later than the seventh day before the date of a scheduled audit, notify the superintendent of the school district in which the campus being audited is located; and
(3)  on completion of the audit, provide to the superintendent and school safety and security committee established under Section 37.109 for the school district in which the campus is located a report on the results of the audit that includes recommendations and required corrective actions to address any deficiencies in campus security identified by the team.
(c)  A regional education service center shall provide support as necessary to assist the region's team in conducting intruder detection audits under this section.
(d)  A report produced by a team under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1085. Assignment of Conservator for Noncompliance With School Safety and Security Requirements

Sec. 37.1085.  ASSIGNMENT OF CONSERVATOR FOR NONCOMPLIANCE WITH SCHOOL SAFETY AND SECURITY REQUIREMENTS.  (a)  Except as provided by Subsection (c), the commissioner may assign a conservator under Chapter 39A if a school district fails to:
(1)  submit to any required monitoring, assessment, or audit under Section 37.1083 or 37.1084;
(2)  comply with applicable safety and security requirements; or
(3)  address in a reasonable time period, as determined by commissioner rule, issues raised by the agency's monitoring, assessment, or audit of the district under Section 37.1083 or 37.1084.
(b)  A conservator assigned to a district under this section may exercise the powers and duties of a conservator under Section 39A.003 only to correct a failure identified under Subsection (a).
(c)  This section does not apply to a school district's failure to comply with Section 37.0814 or a good cause exception claimed under that section.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1086. Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals With Disabilities or Impairments

Sec. 37.1086.  GUIDELINES FOR MULTIHAZARD EMERGENCY OPERATIONS PLAN PROVISIONS FOR INDIVIDUALS WITH DISABILITIES OR IMPAIRMENTS.  (a)  The agency shall establish guidelines for the provisions in a school district's multihazard emergency operations plan under Section 37.108(f)(4) to ensure the safety of students and district personnel with disabilities or impairments during a disaster or emergency situation, in consultation with:
(1)  the Texas School Safety Center;
(2)  regional education service centers;
(3)  public school educators who work with students with disabilities or impairments; and
(4)  advocacy groups representing individuals with disabilities or impairments.
(b)  A school district must follow the guidelines established by the agency under Subsection (a) in adopting and implementing the district's multihazard emergency operations plan under Section 37.108.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.110. Information Regarding Gang-Free Zones

Sec. 37.110.  INFORMATION REGARDING GANG-FREE ZONES.  The superintendent of each public school district and the administrator of each private elementary or secondary school located in the public school district shall ensure that the student handbook for each campus in the public school district includes information on gang-free zones and the consequences of engaging in organized criminal activity within those zones.
Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 4, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.113. Notification Regarding Bomb Threat or Terroristic Threat

Sec. 37.113.  NOTIFICATION REGARDING BOMB THREAT OR TERRORISTIC THREAT.  A school district that receives a bomb threat or terroristic threat relating to a campus or other district facility at which students are present shall provide notification of the threat as soon as possible to the parent or guardian of or other person standing in parental relation to each student who is assigned to the campus or who regularly uses the facility, as applicable.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1131. Notification Regarding Violent Activity

Sec. 37.1131.  NOTIFICATION REGARDING VIOLENT ACTIVITY.  (a)  The agency shall develop model standards for providing notice regarding violent activity that has occurred or is being investigated at a school district campus or other district facility or at a district-sponsored activity to parents, guardians, and other persons standing in parental relation to students who are assigned to the campus, regularly use the facility, or are attending the activity, as applicable.  The standards must:
(1)  include electronic notification through text messaging and e-mail;
(2)  provide an option for real-time notification; and
(3)  protect student privacy.
(b)  Each school district shall adopt a policy for providing notice described by Subsection (a) in a manner that meets the standards adopted under that subsection.
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 14, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.114. Best Practices for Emergency School Drills and Exercises; Mandatory School Drills

Sec. 37.114.  BEST PRACTICES FOR EMERGENCY SCHOOL DRILLS AND EXERCISES; MANDATORY SCHOOL DRILLS.  The commissioner, in consultation with the Texas School Safety Center and the state fire marshal, shall adopt rules:
(1)  providing best practices for conducting emergency school drills and exercises, including definitions for relevant terms; and
(2)  designating the number and type of mandatory school drills to be conducted each semester of the school year, not to exceed a total of eight drills.
Added by Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 13, eff. June 6, 2019.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 542 (S.B. 168), Sec. 1, eff. June 14, 2021.
Acts 2021, 87th Leg., R.S., Ch. 928 (H.B. 3597), Sec. 2, eff. June 18, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.1141. Active Threat Exercises

Sec. 37.1141.  ACTIVE THREAT EXERCISES.  (a)  Before a school district may conduct an active threat exercise, including an active shooter simulation, the district shall ensure that:
(1)  adequate notice of the exercise is provided to students expected to participate in the exercise, the parents of those students, and staff likely to be part of the exercise, including information regarding:
(A)  the date on which the exercise will occur;
(B)  the content, form, and tone of the exercise; and
(C)  whether the exercise will include a live simulation that mimics or appears to be an actual shooting incident;
(2)  the exercise is announced to students and faculty before the start of the exercise, including, if applicable, an announcement that the exercise will include a live simulation that mimics or appears to be an actual threat, such as a shooting incident;
(3)  first responder organizations that would likely respond in the event of a false report or alarm are notified regarding the exercise;
(4)  a safe zone is created around the area in which the exercise will be conducted to keep out actual firearms, ammunition, and other weapons, other than firearms, ammunition, or other weapons carried by a peace officer, school resource officer, or school marshal or any other person authorized by the district to carry those items on school grounds;
(5)  the content of the exercise:
(A)  is age appropriate and developmentally appropriate;
(B)  has been developed by a team of school administrators, teachers, school-based mental health professionals, and law enforcement officers, with input from parents and students; and
(C)  is designed to support the well-being of students who participate in the exercise before, during, and after the exercise is conducted; and
(6)  data regarding the efficacy and impact of the exercise will be tracked, including any feedback regarding the exercise from students, staff, or family members of students or staff.
(b)  Subsection (a)(4) may not be construed to prohibit a parent, legal guardian, or other person acting on a parent's or legal guardian's behalf from transporting or storing in the person's motor vehicle a firearm, ammunition, or other weapon that the person is legally authorized to possess while the person is picking up a child from school.
(c)  A school district shall submit data collected under Subsection (a)(6) to the Texas School Safety Center.
(d)  The commissioner may adopt rules as necessary to implement this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 542 (S.B. 168), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.117. Silent Panic Alert Technology

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1 (S.B. 838), Sec. 2
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 16, see other Sec. 37.117.
Sec. 37.117.  SILENT PANIC ALERT TECHNOLOGY.  (a)  Each school district and open-enrollment charter school shall provide each classroom in the district or school with silent panic alert technology that allows for immediate contact with district or school emergency services and emergency services agencies, law enforcement agencies, health departments, and fire departments.
(b)  Silent panic alert technology provided by a school district or open-enrollment charter school under this section does not satisfy the requirement under Section 37.108(a)(2) for the district or school to ensure employees have classroom access to a telephone or another electronic communication device.
(c)  To comply with this section, a school district or open-enrollment charter school may:
(1)  use funds provided to the district or school through the school safety allotment under Section 48.115 or other available funds; and
(2)  use the district's or school's customary procurement process.
Added by Acts 2023, 88th Leg., R.S., Ch. 1 (S.B. 838), Sec. 2, eff. May 5, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.117. Emergency Response Map and Walk-Through

Text of section as added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 16
For text of section as added by Acts 2023, 88th Leg., R.S., Ch. 1 (S.B. 838), Sec. 2, see other Sec. 37.117.
Sec. 37.117.  EMERGENCY RESPONSE MAP AND WALK-THROUGH.  Each school district and open-enrollment charter school shall provide to the Department of Public Safety and all appropriate local law enforcement agencies and emergency first responders:
(1)  an accurate map of each district campus and school building that is developed and documented in accordance with the standards described by Section 37.351 related to developing site and floor plans, access control, and exterior door numbering; and
(2)  an opportunity to conduct a walk-through of each district campus and school building using the map described by Subdivision (1).
Added by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 16, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter D. Protection of Buildings and Grounds › Section 37.119. Certain Private Provider Access to School Safety Training

Sec. 37.119.  CERTAIN PRIVATE PROVIDER ACCESS TO SCHOOL SAFETY TRAINING.  (a)  In this section:
(1)  "Accredited private school" means a private school accredited by an organization recognized by the Texas Private School Accreditation Commission or the agency.
(2)  "Child-care facility" has the meaning assigned by Section 42.002, Human Resources Code.
(3)  "Organization providing out-of-school-time care" includes a faith-based organization, a before-school or after-school program, a summer camp, a Texas 4-H or other agricultural program, and a youth sports organization.
(b)  From money available for the purpose, a school district may make available at no cost school safety training courses, including active shooter training courses, approved under Section 25.0815 and determined to be appropriate by the district's school safety and security committee established under Section 37.109, to employees of accredited private schools located in the district or child-care facilities or other organizations providing out-of-school-time care to children younger than 18 years of age who reside in the district.
(c)  The agency may solicit and accept gifts, grants, and donations from any public or private source to pay the cost of offering a school safety training course under this section.
Added by Acts 2023, 88th Leg., R.S., Ch. 701 (H.B. 1905), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.121. Fraternities, Sororities, Secret Societies, and Gangs

Sec. 37.121.  FRATERNITIES, SORORITIES, SECRET SOCIETIES, AND GANGS.  (a)  A person commits an offense if the person:
(1)  is a member of, pledges to become a member of, joins, or solicits another person to join or pledge to become a member of a public school fraternity, sorority, secret society, or gang;  or
(2)  is not enrolled in a public school and solicits another person to attend a meeting of a public school fraternity, sorority, secret society, or gang or a meeting at which membership in one of those groups is encouraged.
(b)  A school district board of trustees or an educator shall recommend placing in a disciplinary alternative education program any student under the person's control who violates Subsection (a).
(c)  An offense under this section is a Class C misdemeanor.
(d)  In this section, "public school fraternity, sorority, secret society, or gang" means an organization composed wholly or in part of students of public primary or secondary schools that seeks to perpetuate itself by taking in additional members from the students enrolled in school on the basis of the decision of its membership rather than on the free choice of a student in the school who is qualified by the rules of the school to fill the special aims of the organization.  The term does not include an agency for public welfare, including Boy Scouts, Hi-Y, Girl Reserves, DeMolay, Rainbow Girls, Pan-American Clubs, scholarship societies, or other similar educational organizations sponsored by state or national education authorities.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1055, Sec. 23, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.122. Possession of Intoxicants on Public School Grounds

Sec. 37.122.  POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.  (a)  A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:
(1)  on the grounds or in a building of a public school;  or
(2)  entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.
(a-1)  It is a defense to prosecution under this section that the person possessed the intoxicating beverage:
(1)  at a performing arts facility; and
(2)  during an event held outside of regular school hours and not sponsored or sanctioned by a school district.
(b)  An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.
(c)  An offense under this section is a Class C misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.123. Disruptive Activities

Sec. 37.123.  DISRUPTIVE ACTIVITIES.  (a)  A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.
(b)  For purposes of this section, disruptive activity is:
(1)  obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;
(2)  seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
(3)  preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
(4)  disrupting by force or violence or the threat of force or violence a lawful assembly in progress;  or
(5)  obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.
(c)  An offense under this section is a Class B misdemeanor.
(d)  Any person who is convicted the third time of violating this section is ineligible to attend any institution of higher education receiving funds from this state before the second anniversary of the third conviction.
(e)  This section may not be construed to infringe on any right of free speech or expression guaranteed by the constitution of the United States or of this state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.124. Disruption of Classes

Sec. 37.124.  DISRUPTION OF CLASSES.  (a)  A person other than a primary or secondary grade student enrolled in the school commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.
(b)  An offense under this section is a Class C misdemeanor.
(c)  In this section:
(1)  "Disrupting the conduct of classes or other school activities" includes:
(A)  emitting noise of an intensity that prevents or hinders classroom instruction;
(B)  enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;
(C)  preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend;  and
(D)  entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities.
(2)  "Public property" includes a street, highway, alley, public park, or sidewalk.
(3)  "School property" includes a public school campus or school grounds on which a public school is located and any grounds or buildings used by a school for an assembly or other school-sponsored activity.
(d)  It is an exception to the application of Subsection (a) that, at the time the person engaged in conduct prohibited under that subsection, the person was younger than 12 years of age.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 4, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 10, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.125. Exhibition, Use, or Threat of Exhibition or Use of Firearms

Sec. 37.125.  EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS.  (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)  exhibits or uses a firearm:
(A)  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 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 property described by Subdivision (1)(A) or on a bus described by Subdivision (1)(B).
(b)  An offense under Subsection (a)(1) or (2) is a third degree felony.
(c)  An offense under Subsection (a)(3) is a Class A misdemeanor.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 704 (H.B. 2112), Sec. 1, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 795 (H.B. 2880), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. Penal Provisions › Section 37.126. Disruption of Transportation

Sec. 37.126.  DISRUPTION OF TRANSPORTATION.  (a)  Except as provided by Section 37.125, a person other than a primary or secondary grade student commits an offense if the person intentionally disrupts, prevents, or interferes with the lawful transportation of children:
(1)  to or from school on a vehicle owned or operated by a county or independent school district; or
(2)  to or from an activity sponsored by a school on a vehicle owned or operated by a county or independent school district.
(b)  An offense under this section is a Class C misdemeanor.
(c)  It is an exception to the application of Subsection (a)(1) that, at the time the person engaged in conduct prohibited under that subdivision, the person was younger than 12 years of age.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 691 (H.B. 359), Sec. 5, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 11, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1409 (S.B. 1114), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.141. Definitions

Sec. 37.141.  DEFINITIONS.  In this subchapter:
(1)  "Child" means a person who is:
(A)  a student; and
(B)  at least 10 years of age and younger than 18 years of age.
(2)  "School offense" means an offense committed by a child enrolled in a public school that is a Class C misdemeanor other than a traffic offense and that is committed on property under the control and jurisdiction of a school district.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.142. Conflict of Law

Sec. 37.142.  CONFLICT OF LAW.  To the extent of any conflict, this subchapter controls over any other law applied to a school offense alleged to have been committed by a child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.143. Citation Prohibited; Custody of Child

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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.144. Graduated Sanctions for Certain School Offenses

Sec. 37.144.  GRADUATED SANCTIONS FOR CERTAIN SCHOOL OFFENSES.  (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.
(b)  A referral made under Subsection (a)(4) may include participation by the child's parent or guardian if necessary.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.145. Complaint

Sec. 37.145.  COMPLAINT.  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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.146. Requisites of Complaint

Text of section effective until January 01, 2025
Sec. 37.146.  REQUISITES OF COMPLAINT.  (a)  A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45.019, Code of Criminal Procedure:
(1)  be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and
(2)  be accompanied by 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.
(b)  After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45.057(e), Code of Criminal Procedure.
(c)  A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45.052, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.146. Requisites of Complaint

Text of section effective on January 01, 2025
Sec. 37.146.  REQUISITES OF COMPLAINT.  (a)  A complaint alleging the commission of a school offense must, in addition to the requirements imposed by Article 45A.101, Code of Criminal Procedure:
(1)  be sworn to by a person who has personal knowledge of the underlying facts giving rise to probable cause to believe that an offense has been committed; and
(2)  be accompanied by 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.
(b)  After a complaint has been filed under this subchapter, a summons may be issued under Articles 23.04 and 45A.457(e), Code of Criminal Procedure.
(c)  A complaint under this subchapter may include a recommendation by a school employee that the child attend a teen court program under Article 45A.401, Code of Criminal Procedure, if the school employee believes attending a teen court program is in the best interest of the child.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1132 (S.B. 108), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 765 (H.B. 4504), Sec. 2.040, eff. January 1, 2025.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.147. Prosecuting Attorneys

Sec. 37.147.  PROSECUTING ATTORNEYS.  An attorney representing the state in a court with jurisdiction may adopt rules pertaining to the filing of a complaint under this subchapter that the state considers necessary in order to:
(1)  determine whether there is probable cause to believe that the child committed the alleged offense;
(2)  review the circumstances and allegations in the complaint for legal sufficiency; and
(3)  see that justice is done.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1407 (S.B. 393), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter E. -1. Criminal Procedure › Section 37.148. Right to Report Crime

Sec. 37.148.  RIGHT TO REPORT CRIME.  (a) An employee of a school district or open-enrollment charter school may report a crime witnessed at the school to any peace officer with authority to investigate the crime.
(b)  A school district or open-enrollment charter school may not adopt a policy requiring a school employee to:
(1)  refrain from reporting a crime witnessed at the school; or
(2)  report a crime witnessed at the school only to certain persons or peace officers.
Added by Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.151. Definitions

Sec. 37.151.  DEFINITIONS.  In this subchapter:
(1)  "Educational institution" includes a public or private high school.
(2)  "Pledge" means any person who has been accepted by, is considering an offer of membership from, or is in the process of qualifying for membership in an organization.
(3)  "Pledging" means any action or activity related to becoming a member of an organization.
(4)  "Student" means any person who:
(A)  is registered in or in attendance at an educational institution;
(B)  has been accepted for admission at the educational institution where the hazing incident occurs;  or
(C)  intends to attend an educational institution during any of its regular sessions after a period of scheduled vacation.
(5)  "Organization" means a fraternity, sorority, association, corporation, order, society, corps, club, or student government, a band or musical group or an academic, athletic, cheerleading, or dance team, including any group or team that participates in National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.
(6)  "Hazing" means any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act:
(A)  is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity;
(B)  involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(C)  involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by Paragraph (E), that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
(D)  is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or
(E)  involves coercing, as defined by Section 1.07, Penal Code, the student to consume:
(i)  a drug; or
(ii)  an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.152. Personal Hazing Offense

Sec. 37.152.  PERSONAL HAZING OFFENSE.  (a)  A person commits an offense if the person:
(1)  engages in hazing;
(2)  solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
(3)  recklessly permits hazing to occur; or
(4)  has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or has firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report that knowledge to the dean of students or other appropriate official of the institution, a peace officer, or a law enforcement agency.
(b)  The offense of failing to report is a Class B misdemeanor.
(c)  Any other offense under this section that does not cause serious bodily injury to another is a Class B misdemeanor.
(d)  Any other offense under this section that causes serious bodily injury to another is a Class A misdemeanor.
(e)  Any other offense under this section that causes the death of another is a state jail felony.
(f)  Except if an offense causes the death of a student, in sentencing a person convicted of an offense under this section, the court may require the person to perform community service, subject to the same conditions imposed on a person placed on community supervision under Chapter 42A, Code of Criminal Procedure, for an appropriate period of time in lieu of confinement in county jail or in lieu of a part of the time the person is sentenced to confinement in county jail.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.30, eff. January 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 1036 (S.B. 37), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.153. Organization Hazing Offense

Sec. 37.153.  ORGANIZATION HAZING OFFENSE.  (a)  An organization commits an offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
(b)  An offense under this section is a misdemeanor punishable by:
(1)  a fine of not less than $5,000 nor more than $10,000;  or
(2)  if the court finds that the offense caused personal injury, property damage, or other loss, a fine of not less than $5,000 nor more than double the amount lost or expenses incurred because of the injury, damage, or loss.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.154. Consent Not a Defense

Sec. 37.154.  CONSENT NOT A DEFENSE.  It is not a defense to prosecution of an offense under this subchapter that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.155. Immunity From Prosecution or Civil Liability Available

Sec. 37.155.  IMMUNITY FROM PROSECUTION OR CIVIL LIABILITY AVAILABLE.  (a)  In the prosecution of an offense under this subchapter, the court may grant immunity from prosecution for the offense to each person who is subpoenaed to testify for the prosecution and who does testify for the prosecution.
(b)  Any person, including an entity organized to support an organization, who voluntarily reports a specific hazing incident involving a student in an educational institution to the dean of students or other appropriate official of the institution, a peace officer, or a law enforcement agency is immune from civil or criminal liability that might otherwise be incurred or imposed as a result of the reported hazing incident if the person:
(1)  reports the incident before being contacted by the institution or a law enforcement agency concerning the incident or otherwise being included in the institution's or a law enforcement agency's investigation of the incident; and
(2)  cooperates in good faith throughout:
(A)  any institutional process regarding the incident, as determined by the dean of students or other appropriate official of the institution designated by the institution; or
(B)  any law enforcement agency's investigation regarding the incident, as determined by the chief or other appropriate official of the law enforcement agency designated by the law enforcement agency.
(c)  Immunity under Subsection (b) extends to participation in any judicial proceeding resulting from the report.
(d)  A person is not immune under Subsection (b) if the person:
(1)  reports the person's own act of hazing; or
(2)  reports an incident of hazing in bad faith or with malice.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 2, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 1036 (S.B. 37), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.156. Offenses in Addition to Other Penal Provisions

Sec. 37.156.  OFFENSES IN ADDITION TO OTHER PENAL PROVISIONS.  This subchapter does not affect or repeal any penal law of this state.  This subchapter does not limit or affect the right of an educational institution to enforce its own penalties against hazing.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.157. Reporting by Medical Authorities

Sec. 37.157.  REPORTING BY MEDICAL AUTHORITIES.  A doctor or other medical practitioner who treats a student who may have been subjected to hazing activities:
(1)  may report the suspected hazing activities to police or other law enforcement officials;  and
(2)  is immune from civil or other liability that might otherwise be imposed or incurred as a result of the report, unless the report is made in bad faith or with malice.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter F. Hazing › Section 37.158. Venue

Sec. 37.158.  VENUE.  (a)  In this section, "prosecuting attorney" means a county attorney, district attorney, or criminal district attorney.
(b)  An offense under this subchapter may be prosecuted:
(1)  in any county in which the offense may be prosecuted under other law; or
(2)  if the consent required by Subsection (c) is provided, in a county, other than a county described by Subdivision (1), in which is located the educational institution campus at which a victim of the offense is enrolled.
(c)  An offense under this subchapter may be prosecuted in a county described by Subsection (b)(2) only with the written consent of a prosecuting attorney of a county described by Subsection (b)(1) who has authority to prosecute an offense under this subchapter.
Added by Acts 2019, 86th Leg., R.S., Ch. 1371 (S.B. 38), Sec. 3, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle G - Safe Schools › Chapter 37 - Discipline; Law and Order › Subchapter G. Texas School Safety Center › Section 37.201. Definition

Sec. 37.201.  DEFINITION.  In this subchapter, "center" means the Texas School Safety Center.
Added by Acts 2001, 77th Leg., ch. 923, Sec. 1, eff. Sept. 1, 2001.