88R22965 GCB-D
 
  By: Thompson of Brazoria H.B. No. 114
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the possession, use, or delivery of marihuana or
  e-cigarettes on or near public school property or at certain school
  events.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.006, Education Code, is amended by
  amending Subsection (a) and adding Subsection (d-1) to read as
  follows:
         (a)  A student shall be removed from class and placed in a
  disciplinary alternative education program as provided by Section
  37.008 if the student:
               (1)  engages in conduct involving a public school that
  contains the elements of the offense of false alarm or report under
  Section 42.06, Penal Code, or terroristic threat under Section
  22.07, Penal Code; or
               (2)  commits the following on or within 300 feet of
  school property, as measured from any point on the school's real
  property boundary line, or while attending a school-sponsored or
  school-related activity on or off of school property:
                     (A)  engages in conduct punishable as a felony;
                     (B)  engages in conduct that contains the elements
  of the offense of assault under Section 22.01(a)(1), Penal Code;
                     (C)  sells, gives, or delivers to another person
  or possesses or uses or is under the influence of:
                           (i)  [marihuana or] a controlled substance,
  as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
  Section 801 et seq.; or
                           (ii)  a dangerous drug, as defined by
  Chapter 483, Health and Safety Code;
                     (C-1)  sells, gives, or delivers marihuana to
  another person;
                     (D)  sells, gives, or delivers to another person
  an alcoholic beverage, as defined by Section 1.04, Alcoholic
  Beverage Code, commits a serious act or offense while under the
  influence of alcohol, or possesses, uses, or is under the influence
  of an alcoholic beverage;
                     (E)  engages in conduct that contains the elements
  of an offense relating to an abusable volatile chemical under
  Sections 485.031 through 485.034, Health and Safety Code;
                     (F)  engages in conduct that contains the elements
  of the offense of public lewdness under Section 21.07, Penal Code,
  or indecent exposure under Section 21.08, Penal Code; or
                     (G)  engages in conduct that contains the elements
  of the offense of harassment under Section 42.07(a)(1), (2), (3),
  or (7), Penal Code, against an employee of the school district.
         (d-1)  In addition to Subsections (a), (b), (c), and (d), a
  student may be removed from class and placed in a disciplinary
  alternative education program under Section 37.008 if the student
  possesses, uses, or is under the influence of marihuana on or within
  300 feet of school property, as measured from any point on the
  school's real property boundary line, or while attending a
  school-sponsored or school-related activity on or off of school
  property. A school district shall require a student who engages in
  conduct described by this subsection, not later than 30 days after
  the date the conduct occurs, to complete an agency-approved drug
  and alcohol awareness program, which may be offered in-person or
  online.
         SECTION 2.  Section 38.006, Education Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  If a school administrator, school resource officer, or
  school district peace officer observes the use, possession, or
  delivery of an e-cigarette by a student on school property or at a
  school-related or school-sanctioned activity on or off school
  property, the administrator or officer may:
               (1)  confiscate and dispose of the e-cigarette; and
               (2)  notify the appropriate local law enforcement
  agency of the student's conduct constituting an offense under
  Section 161.252, Health and Safety Code, or Section 48.01, Penal
  Code.
         SECTION 3.  Not later than October 1, 2023, the Texas
  Education Agency shall approve one or more drug or alcohol
  awareness programs for purposes of Section 37.006(d-1), Education
  Code, as added by this Act.
         SECTION 4.  This Act takes effect September 1, 2023.