88R7474 AMF-F
 
  By: Creighton S.B. No. 2428
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the removal of a public school student from the
  classroom for the possession or use of an e-cigarette.
         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 (a-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)  subject to Subsection (a-1), 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;
                     (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.
         (a-1)  Notwithstanding Subsection (a), a student may but is
  not required to be removed from class and placed in a disciplinary
  alternative education program as provided by Section 37.008 for
  possession or use of an e-cigarette, as defined by Section 161.081,
  Health and Safety Code, if school personnel cannot readily
  determine that the e-cigarette contains a substance described by
  Subsection (a)(2)(C).
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.