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
A BILL TO BE ENTITLED
AN ACT
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.