Texas 2025 - 89th Regular

Texas House Bill HB4833 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R14441 BCH-F
2	2	By: A. Davis of Dallas H.B. No. 4833
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the removal of a public school student from the
10	10	classroom for engaging in certain conduct and requiring a drug
11	11	prevention and intervention program.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 28.002(r), Education Code, is amended to
14	14	read as follows:
15	15	(r) In adopting the essential knowledge and skills for the
16	16	health curriculum under Subsection (a)(2)(B), the State Board of
17	17	Education shall adopt essential knowledge and skills that address
18	18	the science, risk factors, causes, dangers, consequences, signs,
19	19	symptoms, and treatment of substance abuse, including the use of
20	20	e-cigarettes, tobacco products, marihuana, and illegal drugs,
21	21	abuse of prescription drugs, abuse of alcohol such as by binge
22	22	drinking or other excessive drinking resulting in alcohol
23	23	poisoning, inhaling solvents, and other forms of substance abuse.
24	24	The agency shall compile a list of evidence-based substance abuse
25	25	awareness programs from which a school district, subject to the
26	26	requirements under Section 38.041, shall choose a program to use in
27	27	the district's middle school, junior high school, and high school
28	28	health curriculum. In this subsection, "evidence-based substance
29	29	abuse awareness program" means a program, practice, or strategy
30	30	that has been proven to effectively prevent or reduce substance
31	31	abuse among students, as determined by evaluations that are
32	32	evidence-based.
33	33	SECTION 2. Section 37.006(a), Education Code, is amended to
34	34	read as follows:
35	35	(a) Subject to the requirements of Section 37.009(a), a
36	36	student shall be removed from class and placed in a disciplinary
37	37	alternative education program as provided by Section 37.008 if the
38	38	student:
39	39	(1) engages in conduct involving a public school that
40	40	contains the elements of the offense of false alarm or report under
41	41	Section 42.06, Penal Code, or terroristic threat under Section
42	42	22.07, Penal Code; or
43	43	(2) commits the following on or within 300 feet of
44	44	school property, as measured from any point on the school's real
45	45	property boundary line, or while attending a school-sponsored or
46	46	school-related activity on or off of school property:
47	47	(A) engages in conduct punishable as a felony;
48	48	(B) engages in conduct that contains the elements
49	49	of the offense of assault under Section 22.01(a)(1), Penal Code;
50	50	(C) sells, gives, or delivers to another person
51	51	or possesses or uses or is under the influence of:
52	52	(i) a controlled substance, as defined by
53	53	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
54	54	seq., excluding marihuana, as defined by Section 481.002, Health
55	55	and Safety Code, or tetrahydrocannabinol, as defined by rule
56	56	adopted under Section 481.003 of that code; or
57	57	(ii) a dangerous drug, as defined by
58	58	Chapter 483, Health and Safety Code;
59	59	[(C-1) possesses, uses, or is under the influence
60	60	of, or sells, gives, or delivers to another person marihuana, as
61	61	defined by Section 481.002, Health and Safety Code, or
62	62	tetrahydrocannabinol, as defined by rule adopted under Section
63	63	481.003 of that code;
64	64	[(C-2) possesses, uses, sells, gives, or
65	65	delivers to another person an e-cigarette, as defined by Section
66	66	161.081, Health and Safety Code;]
67	67	(D) sells, gives, or delivers to another person
68	68	an alcoholic beverage, as defined by Section 1.04, Alcoholic
69	69	Beverage Code, commits a serious act or offense while under the
70	70	influence of alcohol, or possesses, uses, or is under the influence
71	71	of an alcoholic beverage;
72	72	(E) engages in conduct that contains the elements
73	73	of an offense relating to an abusable volatile chemical under
74	74	Sections 485.031 through 485.034, Health and Safety Code;
75	75	(F) engages in conduct that contains the elements
76	76	of the offense of public lewdness under Section 21.07, Penal Code,
77	77	or indecent exposure under Section 21.08, Penal Code; or
78	78	(G) engages in conduct that contains the elements
79	79	of the offense of harassment under Section 42.07(a)(1), (2), (3),
80	80	or (7), Penal Code, against an employee of the school district.
81	81	SECTION 3. Subchapter A, Chapter 37, Education Code, is
82	82	amended by adding Section 37.0063 to read as follows:
83	83	Sec. 37.0063. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA
84	84	INTERVENTION PROGRAM. (a) In this section:
85	85	(1) "E-cigarette" has the meaning assigned by Section
86	86	161.081, Health and Safety Code.
87	87	(2) "Marihuana" has the meaning assigned by Section
88	88	481.002, Health and Safety Code.
89	89	(b) Each school district and open-enrollment charter school
90	90	shall develop and implement an e-cigarette, tobacco product, and
91	91	marihuana intervention program in consultation with campus
92	92	behavior coordinators employed by the district or school,
93	93	representatives of a regional education service center, and local
94	94	health authorities.
95	95	(c) A program implemented under this section must serve as a
96	96	disciplinary alternative for a student suspected or found to have
97	97	engaged in using an e-cigarette, tobacco product, or marihuana on
98	98	or within 300 feet of school property, or while attending a
99	99	school-sponsored or school-related activity on or off school
100	100	property.
101	101	(d) A program implemented under this section must:
102	102	(1) provide age-appropriate, evidence-based drug
103	103	education and counseling to help prevent or reduce the use of
104	104	e-cigarettes, tobacco products, and marihuana by students;
105	105	(2) provide alternative disciplinary courses of
106	106	action that do not use in-school suspension, out-of-school
107	107	suspension, or placement in a disciplinary alternative education
108	108	program to manage student behavior; and
109	109	(3) establish guidelines to identify a student in need
110	110	of additional support and to refer a student to in-school or
111	111	out-of-school cessation services or treatment.
112	112	(e) Each school district and open-enrollment charter school
113	113	shall annually conduct training for staff employed by the district
114	114	or school on the program implemented under this section.
115	115	SECTION 4. Sections 37.009(a-1) and (a-2), Education Code,
116	116	are amended to read as follows:
117	117	(a-1) If a disciplinary alternative education program is at
118	118	capacity at the time a campus behavior coordinator is deciding
119	119	placement under Subsection (a) for a student who engaged in conduct
120	120	described under Section 37.006(a)(2)(D) [37.006(a)(2)(C-1), (C-2),
121	121	(D),] or (E), the student shall be:
122	122	(1) placed in in-school suspension; and
123	123	(2) if a position becomes available in the program
124	124	before the expiration of the period of the placement, transferred
125	125	to the program for the remainder of the period.
126	126	(a-2) If a disciplinary alternative education program is at
127	127	capacity at the time a campus behavior coordinator is deciding
128	128	placement under Subsection (a) for a student who engaged in conduct
129	129	described under Section 37.007 that constitutes violent conduct, as
130	130	defined by commissioner rule, a student who has been placed in the
131	131	program for conduct described under Section 37.006(a)(2)(D)
132	132	[37.006(a)(2)(C-1), (C-2), (D),] or (E):
133	133	(1) may be removed from the program and placed in
134	134	in-school suspension to make a position in the program available
135	135	for the student who engaged in violent conduct; and
136	136	(2) if removed from the program under Subdivision (1)
137	137	and a position in the program becomes available before the
138	138	expiration of the period of the placement, shall be returned to the
139	139	program for the remainder of the period.
140	140	SECTION 5. Subchapter A, Chapter 38, Education Code, is
141	141	amended by adding Section 38.041 to read as follows:
142	142	Sec. 38.041. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA
143	143	PREVENTION AND AWARENESS EDUCATION. (a) In this section:
144	144	(1) "E-cigarette" has the meaning assigned by Section
145	145	161.081, Health and Safety Code.
146	146	(2) "Marihuana" has the meaning assigned by Section
147	147	481.002, Health and Safety Code.
148	148	(b) Each school district and open-enrollment charter school
149	149	shall annually provide instruction relating to the use of
150	150	e-cigarettes, tobacco products, and marihuana to students in grades
151	151	6 through 12.
152	152	(c) The instruction must:
153	153	(1) provide age-appropriate, evidence-based drug
154	154	education to help prevent or reduce the use of e-cigarettes,
155	155	tobacco products, and marihuana by students;
156	156	(2) include information and access to support systems,
157	157	programs, and services to encourage students to abstain from or
158	158	reduce the use of e-cigarettes, tobacco products, and marihuana;
159	159	and
160	160	(3) be provided by educational, health, or mental
161	161	health professionals.
162	162	(d) Each school district and open-enrollment charter school
163	163	shall annually conduct training for staff employed by the district
164	164	or school on the instruction provided under this section.
165	165	SECTION 6. This Act applies beginning with the 2025-2026
166	166	school year.
167	167	SECTION 7. This Act takes effect immediately if it receives
168	168	a vote of two-thirds of all the members elected to each house, as
169	169	provided by Section 39, Article III, Texas Constitution. If this
170	170	Act does not receive the vote necessary for immediate effect, this
171	171	Act takes effect September 1, 2025.