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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of a public school student from the |
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classroom for the possession or use of an e-cigarette. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.006, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (a-2) to |
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read as follows: |
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(a) A student shall be removed from class and placed in a |
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disciplinary alternative education program as provided by Section |
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37.008 if the 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) subject to Subsections (a-1) and (a-2), commits |
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the following on or within 300 feet of school property, as measured |
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from any point on the school's real property boundary line, or while |
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attending a school-sponsored or school-related activity on or off |
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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, as |
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defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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Section 801 et seq.; 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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(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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(a-1) If a disciplinary alternative education program is at |
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capacity at the time a student is required to be removed from class |
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and placed in the program under Subsection (a) for possession or use |
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of an e-cigarette, as defined by Section 161.081, Health and Safety |
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Code, and school personnel cannot readily determine that the |
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e-cigarette contains a substance described by Subsection |
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(a)(2)(C), the 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 student is required to be removed from class |
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and placed in the program under Subsection (a) for engaging in |
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violent conduct, as defined by commissioner rule, a student who has |
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been removed to the program for possession or use of an e-cigarette, |
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as defined by Section 161.081, Health and Safety Code: |
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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 2. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0065 to read as follows: |
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Sec. 37.0065. E-CIGARETTE EDUCATION REQUIREMENT. (a) In |
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this section, "e-cigarette" has the meaning assigned by Section |
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161.081, Health and Safety Code. |
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(b) The agency shall develop a program to educate students |
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required to be removed from class and placed in a disciplinary |
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alternative education program or in in-school suspension under |
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Section 37.006 for possession or use of an e-cigarette about the |
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risks of substance abuse and use of e-cigarettes. The program may |
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be provided in person or online and must include an end-of-course |
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assessment. |
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(c) A student described by Subsection (b) must complete the |
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program developed under that subsection and achieve a satisfactory |
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score on the end-of-course assessment before the student may return |
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to class. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |