83R24368 GCB-D
	By: Raymond	H.B. No. 2450

	A BILL TO BE ENTITLED
	AN ACT
	relating to a pilot program operated by certain public or private
	primary or secondary or open-enrollment charter schools in Webb
	County concerning searches and drug testing of students with
	parental consent and certain disciplinary measures and other
	procedures that may arise from such a search or test.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Chapter 37, Education Code, is amended by adding
	Subchapter A-1 to read as follows:
	SUBCHAPTER A-1. ALTERNATIVE DISCIPLINE PILOT PROGRAM
	Sec. 37.031.  DEFINITIONS. In this subchapter, "controlled
	substance" and "marihuana" have the meanings assigned by Section
	481.002, Health and Safety Code.
	Sec. 37.032.  PILOT PROGRAM. A public school district,
	private school, or open-enrollment charter school in Webb County
	may operate a pilot program described by this subchapter to
	determine whether the conduct of parental-consent searches of
	students and parental-consent drug or alcohol tests of students and
	the subsequent use of alternative juvenile discipline procedures
	for those students are effective in reducing drug or alcohol use
	while minimizing involvement in the criminal justice system for
	matters related to drug or alcohol use.
	Sec. 37.033.  PARENTAL-CONSENT SEARCH. (a)  In a public
	school district or private primary or secondary school or
	open-enrollment charter school operating a pilot program under this
	subchapter, a school principal who reasonably suspects a student
	possesses alcohol, marihuana, or a controlled substance may seek
	written consent from the parent or guardian of the student to search
	the student and the possessions of the student for alcohol,
	marihuana, or a controlled substance. If the student's parent or
	guardian provides written consent for the search, the principal or
	the principal's designee may conduct the search in accordance with
	rules adopted by the board of trustees of a district or governing
	body of the private school or charter school under Section 37.035.
	(b)  The principal of a public or private primary or
	secondary school or open-enrollment charter school or the
	principal's designee that conducts a search under this section
	shall confiscate any alcohol, marihuana, or controlled substance
	discovered in the search and shall immediately inform a local law
	enforcement agency.  A local law enforcement agency that receives
	notice under this subsection shall take possession of the alcohol,
	marihuana, or controlled substance as soon as practicable but in no
	case later than 72 hours after the agency receives notice.
	(c)  A student may not be searched under this section more
	than one time in a week.
	Sec. 37.034.  PARENTAL-CONSENT DRUG OR ALCOHOL TESTS.  (a)
	In a public school district or private primary or secondary school
	or open-enrollment charter school operating a pilot program under
	this subchapter, a school principal may seek written consent from
	the parent or guardian of a student younger than 17 years of age to
	perform a nonintrusive drug or alcohol test on the student if the
	principal reasonably believes that the student is using alcohol,
	marihuana, or a controlled substance.
	(b)  A parent or guardian of a student younger than 17 years
	of age may request in writing that the school perform a nonintrusive
	drug or alcohol test on the student under this section if the parent
	or guardian reasonably believes that the student is using alcohol,
	marihuana, or a controlled substance.
	(c)  A school that receives the written consent of a parent
	or guardian under Subsection (a) or a request in writing from a
	parent or guardian under Subsection (b) may perform a nonintrusive
	drug or alcohol test on the student in accordance with the rules and
	procedures adopted by the board of trustees of the district or
	governing body of the private school or open-enrollment charter
	school under Section 37.035.
	(d)  If a student tests positive in a nonintrusive drug or
	alcohol test administered under this section, a second test must be
	administered as soon as practicable to confirm the positive test
	results. The principal must send all positive or negative test
	results to the student's parent or guardian.
	(e)  A school that performs a nonintrusive drug or alcohol
	test on a student under this section may request the student's
	parent or guardian to reimburse the school for the cost of the drug
	or alcohol test.
	(f)  A school may seek any available federal, state, or
	private funds, grants, or donations to defray costs of performing
	nonintrusive drug or alcohol tests under this section.
	(g)  This section does not prohibit or otherwise affect any
	other drug or alcohol testing program conducted by or on behalf of a
	school or school district.
	(h)  A student may not be administered a nonintrusive drug or
	alcohol test under this section more than one time in a month.
	Sec. 37.035.  RULES REGARDING PARENTAL-CONSENT SEARCH AND
	DRUG OR ALCOHOL TEST. (a)  The board of trustees of a school
	district or governing body of a private school or open-enrollment
	charter school that operates a pilot program under this subchapter
	shall adopt rules concerning searches conducted under Section
	37.033 and drug or alcohol tests administered under Section 37.034.
	(b)  In adopting rules under this section, the board or
	governing body shall:
	(1)  develop a written consent form to be used by the
	parent or guardian to consent to a search or drug or alcohol test;
	(2)  provide that in the case where only one parent or
	guardian has authority to consent, pursuant to a custody agreement
	or any applicable court order, the consent of that parent is
	sufficient for purposes of this subchapter;
	(3)  specify that a principal of a school operating a
	pilot program under this subchapter may designate an appropriate
	staff member to conduct searches or drug or alcohol tests under this
	subchapter; and
	(4)  ensure that a search or drug or alcohol test
	conducted under the pilot program operated under this subchapter
	does not result in the student's involvement in the criminal
	justice system, including by receiving a citation or by being
	confined.
	Sec. 37.036.  DISCIPLINE FOR VIOLATIONS OF LAW OR SCHOOL
	POLICY DISCOVERED IN PARENTAL-CONSENT SEARCH OR DRUG OR ALCOHOL
	TESTING. (a)  Notwithstanding Section 37.007(b) and except as
	otherwise provided by Subsection (c), a student found to be in
	violation of law or school policy based on a parental-consent
	search or a parental-consent drug or alcohol test conducted under a
	pilot program operated under this subchapter may not be expelled
	for the violation unless the student fails to comply with any
	requirements imposed under Subsection (b).
	(b)  A student found to be in violation of law or school
	policy based on a parental-consent search or a parental-consent
	drug or alcohol test conducted under a pilot program operated under
	this subchapter may, with the consent of the student's parent or
	guardian, be subject to compulsory attendance at a substance abuse
	treatment program established under Section 37.038.
	(c)  If after a search conducted under Section 37.033 a
	student is found in possession of alcohol, marihuana, or a
	controlled substance for the second or subsequent time during a
	one-year period, or if the student tests positive for drugs or
	alcohol under Section 37.034 for the second or subsequent time
	during a one-year period, notwithstanding rules adopted under
	Section 37.035, the student is subject to all disciplinary measures
	according to school policy or other applicable law.
	Sec. 37.037.  SCHOOL JUVENILE CASE MANAGER. (a) The board of
	trustees of a school district or governing body of a private school
	or an open-enrollment charter school operating a pilot program
	under this subchapter may employ a juvenile case manager in the
	manner provided by Article 45.056, Code of Criminal Procedure, to
	provide services in a special juvenile docket composed of those
	juvenile cases arising from a parental-consent search or a
	parental-consent drug or alcohol test conducted under a pilot
	program operated under this subchapter.
	(b)  If a private school, school district, or charter school
	operating a pilot program under this subchapter is within the
	jurisdiction of a designated juvenile court in the county and the
	district or school employs a school juvenile case manager, the case
	manager shall assist the court in administering the special
	juvenile docket described by Subsection (a).
	(c)  In presiding over the special juvenile docket described
	by Subsection (a), the judge of the designated juvenile court in the
	county shall coordinate with the school juvenile case manager and
	the private school, school district, or charter school to provide
	alternative juvenile discipline solutions that do not involve the
	student's involvement in the criminal justice system.
	(d)  A designated juvenile court in the county may coordinate
	with a school juvenile case manager employed by a private school,
	school district, or charter school and the private school, school
	district, or charter school to establish a special juvenile
	disciplinary drug-intervention program for students of the private
	school, school district, or charter school whose juvenile cases are
	in the special juvenile docket described by Subsection (a).
	Sec. 37.038.  SUBSTANCE ABUSE TREATMENT PROGRAM.  The board
	of trustees of a school district or governing body of an
	open-enrollment charter school or private school that operates a
	pilot program under this subchapter may cooperate with the juvenile
	board of the county, the local juvenile probation department, or
	any designated juvenile court in the county in establishing a
	substance abuse treatment program for students who violate a law or
	school policy by engaging in prohibited conduct related to the use,
	possession, or delivery of alcohol, marihuana, or a controlled
	substance.
	Sec. 37.039.  DEFERRAL OF ADJUDICATION AND DISMISSAL OF
	CERTAIN CASES ON COMPLETION OF SUBSTANCE ABUSE TREATMENT PROGRAM.
	(a) This section applies only to a child who, based on evidence
	obtained pursuant to a parental-consent search or a
	parental-consent drug or alcohol test conducted under a pilot
	program operated under this subchapter, is alleged to have engaged
	in conduct indicating a need for supervision or delinquent conduct.
	(b)  A juvenile court may defer adjudication proceedings
	under Section 54.03, Family Code, for not more than 180 days if a
	child described by Subsection (a) presents to the court a written
	request to attend a substance abuse treatment program under Section
	37.038.
	(c)  A child for whom adjudication proceedings are deferred
	under Subsection (b) shall complete the substance abuse treatment
	program not later than the 90th day after the date the hearing to
	determine punishment is held or the last day of the deferral period,
	whichever date is earlier. The court shall dismiss the case with
	prejudice at the time the child presents satisfactory evidence that
	the child has successfully completed the substance abuse treatment
	program.
	(d)  A case dismissed under this section may not be part of
	the child's records for any purpose.
	Sec. 37.040.  REPORT. The board of trustees of a school
	district or the governing body of an open-enrollment charter school
	that operates an alternative discipline pilot program under this
	subchapter shall, not later than December 1, 2014, submit a report
	containing the board or governing body's conclusions regarding
	whether the pilot program reduced drug or alcohol use and related
	involvement in the criminal justice system among students to:
	(1)  the governor;
	(2)  the lieutenant governor;
	(3)  the speaker of the house of representatives; and
	(4)  the presiding officers of the standing committees
	of the senate and house of representatives having primary
	jurisdiction over education issues and over criminal justice
	issues.
	Sec. 37.041.  CONCLUSION; EXPIRATION.  A pilot program
	operated under this subchapter concludes and this subchapter
	expires June 15, 2015.
	SECTION 2.  Section 58.003, Family Code, is amended by
	adding Subsections (c-7), (d-1), and (d-2) to read as follows:
	(c-7)  This subsection applies only to a child who, based on
	evidence obtained pursuant to a parental-consent search or a
	parental-consent drug or alcohol test conducted under a pilot
	program operated under Subchapter A-1, Chapter 37, Education Code,
	is adjudicated to have engaged in conduct indicating a need for
	supervision or delinquent conduct. Notwithstanding Subsections
	(a) and (c) and subject to Subsection (b), a juvenile court may
	order the sealing of records concerning a child described by this
	subsection if the child successfully completed a program described
	by Section 37.038, Education Code, or graduated from high school or
	received the child's certificate of high school equivalency. The
	court may:
	(1)  order the sealing of the records immediately and
	without a hearing; or
	(2)  hold a hearing to determine whether to seal the
	records.
	(d-1)  The court may grant the relief authorized under
	Subsection (c-7) at any time after the child satisfies the
	requirements of that subsection. If the child is referred to the
	juvenile court for conduct constituting any offense and at the
	adjudication hearing the child is found to be not guilty of each
	offense alleged, the court shall immediately and without any
	additional hearing order the sealing of all files and records
	relating to the case.
	(d-2)  This subsection and Subsections (c-7) and (d-1)
	expire June 15, 2015.
	SECTION 3.  Notwithstanding Section 58.003(d-2), Family
	Code, as added by this Act, on or after June 15, 2015, a court may
	order the sealing of juvenile court records of a child entitled
	before that date to the sealing of records under Section
	58.003(c-7), Family Code, as added by this Act.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.