Bill Text: TX HB2857 | 2023-2024 | 88th Legislature | Comm Sub
Bill Title: Relating to the removal of a public school student from the classroom for engaging in conduct involving the possession of certain prohibited substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-04-19 - Committee report sent to Calendars [HB2857 Detail]
Download: Texas-2023-HB2857-Comm_Sub.html
88R20511 BDP-F | |||
By: Dutton | H.B. No. 2857 | ||
Substitute the following for H.B. No. 2857: | |||
By: Thompson of Harris | C.S.H.B. No. 2857 |
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relating to the removal of a public school student from the | ||
classroom for engaging in conduct involving the possession of | ||
certain prohibited substances. | ||
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 if: | ||
(1) the student engages in conduct that contains | ||
elements of the offense of possession of a controlled substance | ||
under Section 481.116 or 481.1161, Health and Safety Code; and | ||
(2) the substance possessed as described by | ||
Subdivision (1) is an amount less than one gram of | ||
tetrahydrocannabinols or cannabinol derivatives that is contained | ||
in: | ||
(A) an electronic or other device that simulates | ||
smoking by using a mechanical heating element, battery, or | ||
electronic circuit to deliver a substance described by this | ||
subdivision to the individual inhaling from the device; or | ||
(B) a consumable liquid solution or other | ||
material aerosolized or vaporized during the use of an electronic | ||
or other device described by Paragraph (A). | ||
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. |