| 1 | 1 | | 88R20511 BDP-F |
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| 2 | 2 | | By: Dutton H.B. No. 2857 |
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| 3 | 3 | | Substitute the following for H.B. No. 2857: |
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| 4 | 4 | | By: Thompson of Harris C.S.H.B. No. 2857 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the removal of a public school student from the |
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| 10 | 10 | | classroom for engaging in conduct involving the possession of |
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| 11 | 11 | | certain prohibited substances. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 37.006, Education Code, is amended by |
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| 14 | 14 | | amending Subsection (a) and adding Subsection (a-1) to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | (a) A student shall be removed from class and placed in a |
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| 17 | 17 | | disciplinary alternative education program as provided by Section |
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| 18 | 18 | | 37.008 if the student: |
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| 19 | 19 | | (1) engages in conduct involving a public school that |
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| 20 | 20 | | contains the elements of the offense of false alarm or report under |
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| 21 | 21 | | Section 42.06, Penal Code, or terroristic threat under Section |
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| 22 | 22 | | 22.07, Penal Code; or |
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| 23 | 23 | | (2) subject to Subsection (a-1), commits the following |
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| 24 | 24 | | on or within 300 feet of school property, as measured from any point |
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| 25 | 25 | | on the school's real property boundary line, or while attending a |
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| 26 | 26 | | school-sponsored or school-related activity on or off of school |
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| 27 | 27 | | property: |
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| 28 | 28 | | (A) engages in conduct punishable as a felony; |
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| 29 | 29 | | (B) engages in conduct that contains the elements |
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| 30 | 30 | | of the offense of assault under Section 22.01(a)(1), Penal Code; |
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| 31 | 31 | | (C) sells, gives, or delivers to another person |
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| 32 | 32 | | or possesses or uses or is under the influence of: |
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| 33 | 33 | | (i) marihuana or a controlled substance, as |
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| 34 | 34 | | defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. |
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| 35 | 35 | | Section 801 et seq.; or |
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| 36 | 36 | | (ii) a dangerous drug, as defined by |
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| 37 | 37 | | Chapter 483, Health and Safety Code; |
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| 38 | 38 | | (D) sells, gives, or delivers to another person |
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| 39 | 39 | | an alcoholic beverage, as defined by Section 1.04, Alcoholic |
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| 40 | 40 | | Beverage Code, commits a serious act or offense while under the |
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| 41 | 41 | | influence of alcohol, or possesses, uses, or is under the influence |
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| 42 | 42 | | of an alcoholic beverage; |
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| 43 | 43 | | (E) engages in conduct that contains the elements |
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| 44 | 44 | | of an offense relating to an abusable volatile chemical under |
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| 45 | 45 | | Sections 485.031 through 485.034, Health and Safety Code; |
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| 46 | 46 | | (F) engages in conduct that contains the elements |
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| 47 | 47 | | of the offense of public lewdness under Section 21.07, Penal Code, |
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| 48 | 48 | | or indecent exposure under Section 21.08, Penal Code; or |
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| 49 | 49 | | (G) engages in conduct that contains the elements |
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| 50 | 50 | | of the offense of harassment under Section 42.07(a)(1), (2), (3), |
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| 51 | 51 | | or (7), Penal Code, against an employee of the school district. |
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| 52 | 52 | | (a-1) Notwithstanding Subsection (a), a student may but is |
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| 53 | 53 | | not required to be removed from class and placed in a disciplinary |
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| 54 | 54 | | alternative education program as provided by Section 37.008 if: |
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| 55 | 55 | | (1) the student engages in conduct that contains |
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| 56 | 56 | | elements of the offense of possession of a controlled substance |
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| 57 | 57 | | under Section 481.116 or 481.1161, Health and Safety Code; and |
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| 58 | 58 | | (2) the substance possessed as described by |
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| 59 | 59 | | Subdivision (1) is an amount less than one gram of |
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| 60 | 60 | | tetrahydrocannabinols or cannabinol derivatives that is contained |
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| 61 | 61 | | in: |
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| 62 | 62 | | (A) an electronic or other device that simulates |
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| 63 | 63 | | smoking by using a mechanical heating element, battery, or |
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| 64 | 64 | | electronic circuit to deliver a substance described by this |
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| 65 | 65 | | subdivision to the individual inhaling from the device; or |
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| 66 | 66 | | (B) a consumable liquid solution or other |
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| 67 | 67 | | material aerosolized or vaporized during the use of an electronic |
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| 68 | 68 | | or other device described by Paragraph (A). |
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| 69 | 69 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 70 | 70 | | school year. |
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| 71 | 71 | | SECTION 3. This Act takes effect immediately if it receives |
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| 72 | 72 | | a vote of two-thirds of all the members elected to each house, as |
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| 73 | 73 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 74 | 74 | | Act does not receive the vote necessary for immediate effect, this |
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| 75 | 75 | | Act takes effect September 1, 2023. |
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