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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 engaging in certain conduct and requiring a drug |
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prevention and intervention program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.002(r), Education Code, is amended to |
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read as follows: |
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(r) In adopting the essential knowledge and skills for the |
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health curriculum under Subsection (a)(2)(B), the State Board of |
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Education shall adopt essential knowledge and skills that address |
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the science, risk factors, causes, dangers, consequences, signs, |
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symptoms, and treatment of substance abuse, including the use of |
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e-cigarettes, tobacco products, marihuana, and illegal drugs, |
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abuse of prescription drugs, abuse of alcohol such as by binge |
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drinking or other excessive drinking resulting in alcohol |
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poisoning, inhaling solvents, and other forms of substance abuse. |
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The agency shall compile a list of evidence-based substance abuse |
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awareness programs from which a school district, subject to the |
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requirements under Section 38.041, shall choose a program to use in |
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the district's middle school, junior high school, and high school |
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health curriculum. In this subsection, "evidence-based substance |
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abuse awareness program" means a program, practice, or strategy |
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that has been proven to effectively prevent or reduce substance |
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abuse among students, as determined by evaluations that are |
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evidence-based. |
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SECTION 2. 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 |
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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) a controlled substance, as defined by |
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Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et |
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seq., excluding marihuana, as defined by Section 481.002, Health |
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and Safety Code, or tetrahydrocannabinol, as defined by rule |
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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 |
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delivers to another person an e-cigarette, as defined by Section |
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161.081, 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 3. Subchapter A, Chapter 37, Education Code, is |
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amended by adding Section 37.0063 to read as follows: |
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Sec. 37.0063. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA |
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INTERVENTION PROGRAM. (a) In this section: |
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(1) "E-cigarette" has the meaning assigned by Section |
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161.081, Health and Safety Code. |
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(2) "Marihuana" has the meaning assigned by Section |
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481.002, Health and Safety Code. |
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(b) Each school district and open-enrollment charter school |
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shall develop and implement an e-cigarette, tobacco product, and |
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marihuana intervention program in consultation with campus |
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behavior coordinators employed by the district or school, |
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representatives of a regional education service center, and local |
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health authorities. |
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(c) A program implemented under this section must serve as a |
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disciplinary alternative for a student suspected or found to have |
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engaged in using an e-cigarette, tobacco product, or marihuana on |
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or within 300 feet of school property, or while attending a |
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school-sponsored or school-related activity on or off school |
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property. |
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(d) A program implemented under this section must: |
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(1) provide age-appropriate, evidence-based drug |
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education and counseling to help prevent or reduce the use of |
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e-cigarettes, tobacco products, and marihuana by students; |
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(2) provide alternative disciplinary courses of |
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action that do not use in-school suspension, out-of-school |
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suspension, or placement in a disciplinary alternative education |
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program to manage student behavior; and |
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(3) establish guidelines to identify a student in need |
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of additional support and to refer a student to in-school or |
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out-of-school cessation services or treatment. |
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(e) Each school district and open-enrollment charter school |
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shall annually conduct training for staff employed by the district |
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or school on the program implemented under this section. |
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SECTION 4. Sections 37.009(a-1) and (a-2), Education Code, |
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are amended 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)(D) [37.006(a)(2)(C-1), (C-2), |
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(D),] or (E), 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 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)(D) |
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[37.006(a)(2)(C-1), (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. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.041 to read as follows: |
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Sec. 38.041. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA |
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PREVENTION AND AWARENESS EDUCATION. (a) In this section: |
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(1) "E-cigarette" has the meaning assigned by Section |
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161.081, Health and Safety Code. |
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(2) "Marihuana" has the meaning assigned by Section |
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481.002, Health and Safety Code. |
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(b) Each school district and open-enrollment charter school |
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shall annually provide instruction relating to the use of |
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e-cigarettes, tobacco products, and marihuana to students in grades |
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6 through 12. |
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(c) The instruction must: |
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(1) provide age-appropriate, evidence-based drug |
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education to help prevent or reduce the use of e-cigarettes, |
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tobacco products, and marihuana by students; |
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(2) include information and access to support systems, |
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programs, and services to encourage students to abstain from or |
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reduce the use of e-cigarettes, tobacco products, and marihuana; |
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and |
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(3) be provided by educational, health, or mental |
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health professionals. |
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(d) Each school district and open-enrollment charter school |
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shall annually conduct training for staff employed by the district |
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or school on the instruction provided under this section. |
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SECTION 6. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 7. 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, 2025. |