Relating to notice to local law enforcement of certain offenses occurring on public or private school property or at school-sponsored or school-related activities; providing a civil penalty.

89(R) SB 2392 - House Committee Report version - Bill Text

By: King

S.B. No. 2392

(Leach)

A BILL TO BE ENTITLED

AN ACT

relating to notice to local law enforcement of certain offenses

occurring on public or private school property or at

school-sponsored or school-related activities; providing a civil

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.015, Education Code, is amended by

amending Subsection (a) and adding Subsections (a-1), (c-1), (g),

and (g-1) to read as follows:

(a) The principal of a public or private primary or

secondary school, or a person designated by the principal under

Subsection (d), shall notify
the chief administrative officer of

the school and
any school district police department and the police

department of the municipality in which the school is located or, if

the school is not in a municipality, the sheriff of the county in

which the school is located if the principal has reasonable grounds

to believe that any of the following activities occur in school, on

school property, or at a school-sponsored or school-related

activity on or off school property, whether or not the activity is

investigated by school security officers:

(1) conduct that may constitute an offense listed

under Section 508.149, Government Code;

(2) deadly conduct under Section 22.05, Penal Code;

(3) a terroristic threat under Section 22.07, Penal

Code;

(4) the use, sale, or possession of a controlled

substance, drug paraphernalia, or marihuana under Chapter 481,

Health and Safety Code;

(5) the possession of any of the weapons or devices

listed under Sections 46.01(1)-(14) or Section 46.01(16), Penal

Code;

(6) conduct that may constitute a criminal offense

under Section 71.02, Penal Code; [
or
]

(7) conduct that may constitute a criminal offense for

which a student may be expelled under Section 37.007(a), (d), or

(e)
;

(8)

conduct that may constitute a criminal offense

under Section 20A.02, 20A.03, 21.02, 21.11, 21.12, 21.15, 21.16,

21.165, 21.18, 21.19, 22.011, 22.021, 43.23, 43.24, 43.25, 43.26,

or 43.262, Penal Code; or

(9)

conduct that may constitute a felony of the first

degree under Section 22.04, Penal Code
.

(a-1)

The chief administrative officer of a public or

private primary or secondary school shall notify the applicable law

enforcement agency described by Subsection (a) regarding conduct

described by that subsection immediately after becoming aware that

the principal of the school or the principal's designee under

Subsection (d) has failed to report the conduct as required by

Subsection (a).

(c-1)

Immediately after becoming aware of conduct described

by Subsection (a), the principal of a public or private primary or

secondary school or the principal's designee under Subsection (d)

shall provide the notice required by Subsection (a).

(g)

A principal who fails to report or ensure the

principal's designee under Subsection (d) has reported conduct as

required by Subsection (a) not later than 48 hours after becoming

aware of the conduct or a chief administrative officer who fails to

report conduct as required by Subsection (a-1) not later than 48

hours after becoming aware that the principal or the principal's

designee did not report the conduct is liable to the state for a

civil penalty in the amount of $1,000 for each day after the

applicable 48-hour period that the principal, principal's

designee, or chief administrative officer fails to report conduct

in accordance with this section.

The attorney general may sue to

collect a civil penalty under this subsection.

(g-1)

The principal or chief administrative officer of a

public primary or secondary school may not use state or local money

of the school to pay a civil penalty assessed under Subsection (g).

SECTION 2. Section 37.015(c), Education Code, is repealed.

SECTION 3. The change in law made by this Act applies only

to conduct that occurs on or after the effective date of this Act.

Conduct that occurs before the effective date of this Act is

governed by the law in effect on the date the conduct occurred, and

the former law is continued in effect for that purpose. For the

purposes of this section, conduct occurs before the effective date

of this Act if any element of the conduct occurred before that date.

SECTION 4. This Act takes effect September 1, 2025.