Re: § 36.02. Bribery

[Margaret Davis <margd@FLASH.NET>]

There's a lot more than a couple of things wrong with selling children this privilege. and using it as a reward.  but i suppose it's all part of *preparing* our children for the *real* world.  That if you have MONEY it will buy you everything.  Even the right to wear your own clothes.  Even I suppose the *privilege* of childhood. (free public education - yeah right)

If nothing else bothers anyone about this one thing should:

The working poor cannot afford to purchase the additional clothing for their children to even be able to participate in such an activity.


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§ 36.02. Bribery


     (a) A person (the employees of the district who did it) commits an offense if he intentionally or knowingly offers, confers, or agrees to confer on another, or solicits (telling the kids if they pay they get the special consideration), accepts, or agrees to accept from another:


     (1) any benefit as consideration (the wearing of jeans - breaking of rules - special consideration) for the recipient's decision, opinion, recommendation, vote, or other exercise of discretion (not punishing those who paid the bribe) as a public servant (public school administrators - an employee, a member of the governing board), party official, or voter;


     (2) any benefit as consideration for the recipient's decision, vote, recommendation, or other exercise of official discretion in a judicial or administrative proceeding;


     (3) any benefit as consideration (the wearing of jeans - breaking of rules - special consideration)  for a violation of a duty imposed by law (see 1 and 2 below )on a public servant or party official; 






  1. can be inserted above 

  § 1.002. Equal Educational Services or Opportunities

  (a) An educational institution undertaking to provide education, services, or activities to any individual within the jurisdiction or geographical boundaries of the educational institution shall provide equal opportunities to all individuals within its jurisdiction or geographical boundaries pursuant to this code.



  2. can be inserted above

  SUBCHAPTER F. HAZING
  § 37.151. Definitions


  (E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.





  My gosh Margaret, you used the word hazing and when I was looking up other thins I came across this.  You are right Hazing is exactly what they are doing when they force the kids to wear those damned clothes.



  SUBCHAPTER F. HAZING




  § 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 service, social, or similar group, whose members are primarily students. (The school itself)


       (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, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization. The term includes:


       (A) 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) any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other 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) any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance 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) any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subdivision; and


       (E) any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code.


  Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.


  § 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 in writing to the dean of students or other appropriate official of the institution.


       (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 Section 11, Article 42.12, 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, § 1, eff. May 30, 1995.

  § 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, § 1, eff. May 30, 1995.


  § 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, § 1, eff. May 30, 1995