88R7508 GCB-D
By: Thompson of Brazoria H.B. No. 2487
A BILL TO BE ENTITLED
AN ACT
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.
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 or possession 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 38.0065 of this code, Section 161.252, Health and Safety
Code, or Section 48.01, Penal Code.
SECTION 3. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0065 to read as follows:
Sec. 38.0065. POSSESSION OF FIVE OR MORE E-CIGARETTES ON
SCHOOL PROPERTY; CRIMINAL OFFENSE. (a) In this section,
"e-cigarette" has the meaning assigned by Section 161.081, Health
and Safety Code.
(b) A person commits an offense if the person possesses five
or more e-cigarettes on school property or at a school-related or
school-sanctioned activity on or off school property.
(c) An offense under this section is a Class B misdemeanor.
SECTION 4. 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 5. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 6. This Act takes effect September 1, 2023.