(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.

(a) The primary responsibility of a school counselor is to counsel students to fully develop each student’s academic, career, personal, and social abilities.

(b) In addition to a school counselor’s responsibility under Subsection (a), the school counselor shall:

• (1) participate in planning, implementing, and evaluating a comprehensive developmental guidance program to serve all students and to address the special needs of students:

• (A) who are at risk of dropping out of school, becoming substance abusers, participating in gang activity, or committing suicide;

• (B) who are in need of modified instructional strategies; or

• (C) who are gifted and talented, with emphasis on identifying and serving gifted and talented students who are educationally disadvantaged;

• (2) consult with a student’s parent or guardian and make referrals as appropriate in consultation with the student’s parent or guardian;

• (3) consult with school staff, parents, and other community members to help them increase the effectiveness of student education and promote student success;

• (4) coordinate people and resources in the school, home, and community;

• (5) with the assistance of school staff, interpret standardized test results and other assessment data that help a student make educational and career plans;

• (6) deliver classroom guidance activities or serve as a consultant to teachers conducting lessons based on the school’s guidance curriculum; and

• (7) serve as an impartial, nonreporting resource for interpersonal conflicts and discord involving two or more students, including accusations of bullying under Section 37.0832.

(c) Nothing in Subsection (b)(7) exempts a school counselor from any mandatory reporting requirements imposed by other provisions of law.

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.