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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 Subsection (a-1) to read as |
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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 Subsection (a-1), commits the following |
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on or within 300 feet of school property, as measured from any point |
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on the school's real property boundary line, 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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(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) Notwithstanding Subsection (a), a student may but is |
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not required to be removed from class and placed in a disciplinary |
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alternative education program as provided by Section 37.008 for |
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possession or use of an e-cigarette, as defined by Section 161.081, |
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Health and Safety Code, if school personnel cannot readily |
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determine that the e-cigarette contains a substance described by |
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Subsection (a)(2)(C). |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. 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. |