Bill Text: TX HB114 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB114 Detail]

Download: Texas-2023-HB114-Comm_Sub.html

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By: Thompson of Brazoria (Senate Sponsor - Parker) H.B. No. 114
(In the Senate - Received from the House April 26, 2023;
May 2, 2023, read first time and referred to Committee on
Education; May 22, 2023, reported favorably by the following vote:
Yeas 13, Nays 0; May 22, 2023, sent to printer.)
Click here to see the committee vote

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.
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