Texas 2023 - 88th Regular

Texas House Bill HB114

Filed
11/14/22  
Out of House Committee
4/18/23  
Voted on by House
4/25/23  
Out of Senate Committee
5/22/23  
Voted on by Senate
5/24/23  
Governor Action
6/13/23  

Caption

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

Impact

The most significant impact of HB 114 is its potential to reform discipline policies in schools across Texas. By removing the automatic expulsion requirement for certain offenses, the bill seeks to reduce the number of students funneled into disciplinary alternative education programs, which are currently overpopulated. The bill also extends regulations to e-cigarettes, requiring schools to confiscate these devices and report them to local law enforcement, ensuring a comprehensive approach to substance usage on school property.

Summary

House Bill 114, introduced by Representative Thompson, addresses the possession, use, or delivery of marihuana and e-cigarettes on or near public school property and at school events. The bill modifies existing laws that mandated expulsion for students found in possession of marijuana or under its influence while on school premises. Instead, the bill allows school administrators greater discretion in managing such situations, thereby aiming to alleviate the burden on alternative education programs that have been overwhelmed with nonviolent offenses. Instead of expulsion, it stipulates that students not expelled must participate in a drug awareness program.

Sentiment

The sentiment surrounding HB 114 appears to be cautiously positive among educational stakeholders, with supporters highlighting the bill as a necessary adjustment in disciplinary practices that recognizes the complexities of student behaviors. However, there are concerns regarding the handling of substance use, particularly with e-cigarettes, as advocates for health and addiction recovery stress the importance of strict measures to curb youth vaping.

Contention

Notable points of contention in the discussions around HB 114 include the balance between maintaining school safety and giving students a second chance. Opponents raised issues about the risk of normalizing substance use in schools due to the less punitive measures proposed by the bill. Educational bodies and health advocacy groups are watching closely to see how the implementation of this bill might affect the landscape of substance use in schools and its long-term consequences on student health and safety.

Texas Constitutional Statutes Affected

Education Code

  • Chapter 37. Discipline; Law And Order
    • Section: New Section
    • Section: New Section
    • Section: New Section
    • Section: New Section
  • Chapter 38. Health And Safety
    • Section: New Section

Health And Safety Code

  • Chapter 464. Facilities Treating Persons With A Chemical Dependency
    • Section: New Section
  • Chapter 481. Texas Controlled Substances Act
    • Section: New Section
  • Chapter 483. Dangerous Drugs
    • Section: New Section
    • Section: New Section

Alcoholic Beverage Code

  • Chapter 1. General Provisions
    • Section: New Section

Penal Code

  • Chapter 42. Disorderly Conduct And Related Offenses
    • Section: New Section
    • Section: New Section
  • Chapter 22. Assaultive Offenses
    • Section: New Section
    • Section: New Section
  • Chapter 21. Sexual Offenses
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB2487

Relating to the possession or use of marihuana or e-cigarettes on or near public school property or at certain school events; creating a criminal offense.

TX SB2220

Relating to the removal of a student from public school for the possession, use, or delivery of e-cigarettes on or near public school property or at certain school events.

TX SB96

Relating to a prohibition on the use and possession of e-cigarettes on school property or at school-related or school-sanctioned activities.

TX HB456

Relating to a prohibition on the use and possession of e-cigarettes on school property.

TX SB2428

Relating to the removal of a public school student from the classroom for the possession or use of an e-cigarette.

TX HB2498

Relating to the punishment for the offense of delivery of marihuana or possession with the intent to deliver marihuana.

TX HB439

Relating to the criminal penalties for possession or delivery of marihuana and marihuana concentrate.

TX SB151

Relating to the criminal penalties for possession or delivery of marihuana and marihuana concentrate.

TX SB87

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

TX HB127

Relating to the criminal penalties for possession or delivery of marihuana concentrate.

Similar Bills

No similar bills found.