Texas 2023 - 88th Regular

Texas House Bill HB114 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 114
2	2
3	3
4	4	AN ACT
5	5	relating to the possession, use, or delivery of marihuana or
6	6	e-cigarettes on or near public school property or at certain school
7	7	events.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 37.006(a), Education Code, is amended to
10	10	read as follows:
11	11	(a) Subject to the requirements of Section 37.009(a), a [A]
12	12	student shall be removed from class and placed in a disciplinary
13	13	alternative education program as provided by Section 37.008 if the
14	14	student:
15	15	(1) engages in conduct involving a public school that
16	16	contains the elements of the offense of false alarm or report under
17	17	Section 42.06, Penal Code, or terroristic threat under Section
18	18	22.07, Penal Code; or
19	19	(2) commits the following on or within 300 feet of
20	20	school property, as measured from any point on the school's real
21	21	property boundary line, or while attending a school-sponsored or
22	22	school-related activity on or off of school property:
23	23	(A) engages in conduct punishable as a felony;
24	24	(B) engages in conduct that contains the elements
25	25	of the offense of assault under Section 22.01(a)(1), Penal Code;
26	26	(C) sells, gives, or delivers to another person
27	27	or possesses or uses or is under the influence of:
28	28	(i) [marihuana or] a controlled substance,
29	29	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
30	30	Section 801 et seq., excluding marihuana, as defined by Section
31	31	481.002, Health and Safety Code, or tetrahydrocannabinol, as
32	32	defined by rule adopted under Section 481.003 of that code; or
33	33	(ii) a dangerous drug, as defined by
34	34	Chapter 483, Health and Safety Code;
35	35	(C-1) possesses, uses, or is under the influence
36	36	of, or sells, gives, or delivers to another person marihuana, as
37	37	defined by Section 481.002, Health and Safety Code, or
38	38	tetrahydrocannabinol, as defined by rule adopted under Section
39	39	481.003 of that code;
40	40	(C-2) possesses, uses, sells, gives, or delivers
41	41	to another person an e-cigarette, as defined by Section 161.081,
42	42	Health and Safety Code;
43	43	(D) sells, gives, or delivers to another person
44	44	an alcoholic beverage, as defined by Section 1.04, Alcoholic
45	45	Beverage Code, commits a serious act or offense while under the
46	46	influence of alcohol, or possesses, uses, or is under the influence
47	47	of an alcoholic beverage;
48	48	(E) engages in conduct that contains the elements
49	49	of an offense relating to an abusable volatile chemical under
50	50	Sections 485.031 through 485.034, Health and Safety Code;
51	51	(F) engages in conduct that contains the elements
52	52	of the offense of public lewdness under Section 21.07, Penal Code,
53	53	or indecent exposure under Section 21.08, Penal Code; or
54	54	(G) engages in conduct that contains the elements
55	55	of the offense of harassment under Section 42.07(a)(1), (2), (3),
56	56	or (7), Penal Code, against an employee of the school district.
57	57	SECTION 2. Section 37.007(a), Education Code, is amended to
58	58	read as follows:
59	59	(a) Except as provided by Subsection (k) and subject to the
60	60	requirements of Section 37.009(a), a student shall be expelled from
61	61	a school if the student, on school property or while attending a
62	62	school-sponsored or school-related activity on or off of school
63	63	property:
64	64	(1) engages in conduct that contains the elements of
65	65	the offense of unlawfully carrying weapons under Section 46.02,
66	66	Penal Code, or elements of an offense relating to prohibited
67	67	weapons under Section 46.05, Penal Code;
68	68	(2) engages in conduct that contains the elements of
69	69	the offense of:
70	70	(A) aggravated assault under Section 22.02,
71	71	Penal Code, sexual assault under Section 22.011, Penal Code, or
72	72	aggravated sexual assault under Section 22.021, Penal Code;
73	73	(B) arson under Section 28.02, Penal Code;
74	74	(C) murder under Section 19.02, Penal Code,
75	75	capital murder under Section 19.03, Penal Code, or criminal
76	76	attempt, under Section 15.01, Penal Code, to commit murder or
77	77	capital murder;
78	78	(D) indecency with a child under Section 21.11,
79	79	Penal Code;
80	80	(E) aggravated kidnapping under Section 20.04,
81	81	Penal Code;
82	82	(F) aggravated robbery under Section 29.03,
83	83	Penal Code;
84	84	(G) manslaughter under Section 19.04, Penal
85	85	Code;
86	86	(H) criminally negligent homicide under Section
87	87	19.05, Penal Code; or
88	88	(I) continuous sexual abuse of young child or
89	89	disabled individual under Section 21.02, Penal Code; or
90	90	(3) engages in conduct specified by Section
91	91	37.006(a)(2)(C) [or (D)], if the conduct is punishable as a felony.
92	92	SECTION 3. Section 37.008(k), Education Code, is amended to
93	93	read as follows:
94	94	(k) A program of educational and support services may be
95	95	provided to a student and the student's parents when the offense
96	96	involves drugs, e-cigarettes, or alcohol as specified under Section
97	97	37.006 or 37.007. A disciplinary alternative education program
98	98	that provides chemical dependency treatment services must be
99	99	licensed under Chapter 464, Health and Safety Code.
100	100	SECTION 4. Section 37.009, Education Code, is amended by
101	101	adding Subsections (a-1) and (a-2) to read as follows:
102	102	(a-1) If a disciplinary alternative education program is at
103	103	capacity at the time a campus behavior coordinator is deciding
104	104	placement under Subsection (a) for a student who engaged in conduct
105	105	described under Section 37.006(a)(2)(C-1), (C-2), (D), or (E), the
106	106	student shall be:
107	107	(1) placed in in-school suspension; and
108	108	(2) if a position becomes available in the program
109	109	before the expiration of the period of the placement, transferred
110	110	to the program for the remainder of the period.
111	111	(a-2) If a disciplinary alternative education program is at
112	112	capacity at the time a campus behavior coordinator is deciding
113	113	placement under Subsection (a) for a student who engaged in conduct
114	114	described under Section 37.007 that constitutes violent conduct, as
115	115	defined by commissioner rule, a student who has been placed in the
116	116	program for conduct described under Section 37.006(a)(2)(C-1),
117	117	(C-2), (D), or (E):
118	118	(1) may be removed from the program and placed in
119	119	in-school suspension to make a position in the program available
120	120	for the student who engaged in violent conduct; and
121	121	(2) if removed from the program under Subdivision (1)
122	122	and a position in the program becomes available before the
123	123	expiration of the period of the placement, shall be returned to the
124	124	program for the remainder of the period.
125	125	SECTION 5. This Act takes effect September 1, 2023.
126	126	______________________________ ______________________________
127	127	President of the Senate Speaker of the House
128	128	I certify that H.B. No. 114 was passed by the House on April
129	129	25, 2023, by the following vote: Yeas 145, Nays 2, 2 present, not
130	130	voting; and that the House concurred in Senate amendments to H.B.
131	131	No. 114 on May 26, 2023, by the following vote: Yeas 136, Nays 6, 1
132	132	present, not voting.
133	133	______________________________
134	134	Chief Clerk of the House
135	135	I certify that H.B. No. 114 was passed by the Senate, with
136	136	amendments, on May 24, 2023, by the following vote: Yeas 29, Nays
137	137	1.
138	138	______________________________
139	139	Secretary of the Senate
140	140	APPROVED: __________________
141	141	Date
142	142	__________________
143	143	Governor