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AN ACT
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relating to the possession, use, or delivery of marihuana or |
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e-cigarettes on or near public school property or at certain school |
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events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006(a), Education Code, is amended to |
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read as follows: |
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(a) Subject to the requirements of Section 37.009(a), a [A] |
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student shall be removed from class and placed in a disciplinary |
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alternative education program as provided by Section 37.008 if the |
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student: |
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(1) engages in conduct involving a public school that |
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contains the elements of the offense of false alarm or report under |
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Section 42.06, Penal Code, or terroristic threat under Section |
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22.07, Penal Code; or |
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(2) commits the following on or within 300 feet of |
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school property, as measured from any point on the school's real |
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property boundary line, or while attending a school-sponsored or |
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school-related activity on or off of school property: |
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(A) engages in conduct punishable as a felony; |
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(B) engages in conduct that contains the elements |
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of the offense of assault under Section 22.01(a)(1), Penal Code; |
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(C) sells, gives, or delivers to another person |
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or possesses or uses or is under the influence of: |
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(i) [marihuana or] a controlled substance, |
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as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq., excluding marihuana, as defined by Section |
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481.002, Health and Safety Code, or tetrahydrocannabinol, as |
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defined by rule adopted under Section 481.003 of that code; or |
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(ii) a dangerous drug, as defined by |
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Chapter 483, Health and Safety Code; |
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(C-1) possesses, uses, or is under the influence |
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of, or sells, gives, or delivers to another person marihuana, as |
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defined by Section 481.002, Health and Safety Code, or |
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tetrahydrocannabinol, as defined by rule adopted under Section |
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481.003 of that code; |
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(C-2) possesses, uses, sells, gives, or delivers |
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to another person an e-cigarette, as defined by Section 161.081, |
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Health and Safety Code; |
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(D) sells, gives, or delivers to another person |
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an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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Beverage Code, commits a serious act or offense while under the |
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influence of alcohol, or possesses, uses, or is under the influence |
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of an alcoholic beverage; |
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(E) engages in conduct that contains the elements |
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of an offense relating to an abusable volatile chemical under |
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Sections 485.031 through 485.034, Health and Safety Code; |
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(F) engages in conduct that contains the elements |
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of the offense of public lewdness under Section 21.07, Penal Code, |
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or indecent exposure under Section 21.08, Penal Code; or |
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(G) engages in conduct that contains the elements |
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of the offense of harassment under Section 42.07(a)(1), (2), (3), |
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or (7), Penal Code, against an employee of the school district. |
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SECTION 2. Section 37.007(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (k) and subject to the |
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requirements of Section 37.009(a), a student shall be expelled from |
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a school if the student, on school property or while attending a |
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school-sponsored or school-related activity on or off of school |
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property: |
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(1) engages in conduct that contains the elements of |
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the offense of unlawfully carrying weapons under Section 46.02, |
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Penal Code, or elements of an offense relating to prohibited |
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weapons under Section 46.05, Penal Code; |
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(2) engages in conduct that contains the elements of |
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the offense of: |
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(A) aggravated assault under Section 22.02, |
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Penal Code, sexual assault under Section 22.011, Penal Code, or |
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aggravated sexual assault under Section 22.021, Penal Code; |
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(B) arson under Section 28.02, Penal Code; |
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(C) murder under Section 19.02, Penal Code, |
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capital murder under Section 19.03, Penal Code, or criminal |
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attempt, under Section 15.01, Penal Code, to commit murder or |
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capital murder; |
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(D) indecency with a child under Section 21.11, |
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Penal Code; |
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(E) aggravated kidnapping under Section 20.04, |
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Penal Code; |
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(F) aggravated robbery under Section 29.03, |
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Penal Code; |
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(G) manslaughter under Section 19.04, Penal |
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Code; |
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(H) criminally negligent homicide under Section |
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19.05, Penal Code; or |
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(I) continuous sexual abuse of young child or |
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disabled individual under Section 21.02, Penal Code; or |
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(3) engages in conduct specified by Section |
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37.006(a)(2)(C) [or (D)], if the conduct is punishable as a felony. |
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SECTION 3. Section 37.008(k), Education Code, is amended to |
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read as follows: |
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(k) A program of educational and support services may be |
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provided to a student and the student's parents when the offense |
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involves drugs, e-cigarettes, or alcohol as specified under Section |
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37.006 or 37.007. A disciplinary alternative education program |
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that provides chemical dependency treatment services must be |
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licensed under Chapter 464, Health and Safety Code. |
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SECTION 4. Section 37.009, Education Code, is amended by |
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adding Subsections (a-1) and (a-2) to read as follows: |
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(a-1) If a disciplinary alternative education program is at |
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capacity at the time a campus behavior coordinator is deciding |
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placement under Subsection (a) for a student who engaged in conduct |
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described under Section 37.006(a)(2)(C-1), (C-2), (D), or (E), the |
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student shall be: |
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(1) placed in in-school suspension; and |
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(2) if a position becomes available in the program |
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before the expiration of the period of the placement, transferred |
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to the program for the remainder of the period. |
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(a-2) If a disciplinary alternative education program is at |
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capacity at the time a campus behavior coordinator is deciding |
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placement under Subsection (a) for a student who engaged in conduct |
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described under Section 37.007 that constitutes violent conduct, as |
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defined by commissioner rule, a student who has been placed in the |
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program for conduct described under Section 37.006(a)(2)(C-1), |
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(C-2), (D), or (E): |
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(1) may be removed from the program and placed in |
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in-school suspension to make a position in the program available |
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for the student who engaged in violent conduct; and |
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(2) if removed from the program under Subdivision (1) |
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and a position in the program becomes available before the |
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expiration of the period of the placement, shall be returned to the |
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program for the remainder of the period. |
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SECTION 5. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 114 was passed by the House on April |
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25, 2023, by the following vote: Yeas 145, Nays 2, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 114 on May 26, 2023, by the following vote: Yeas 136, Nays 6, 1 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 114 was passed by the Senate, with |
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amendments, on May 24, 2023, by the following vote: Yeas 29, Nays |
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1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |