89R14441 BCH-F
By: A. Davis of Dallas H.B. No. 4833
A BILL TO BE ENTITLED
AN ACT
relating to the removal of a public school student from the
classroom for engaging in certain conduct and requiring a drug
prevention and intervention program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 28.002(r), Education Code, is amended to
read as follows:
(r) In adopting the essential knowledge and skills for the
health curriculum under Subsection (a)(2)(B), the State Board of
Education shall adopt essential knowledge and skills that address
the science, risk factors, causes, dangers, consequences, signs,
symptoms, and treatment of substance abuse, including the use of
e-cigarettes, tobacco products, marihuana, and illegal drugs,
abuse of prescription drugs, abuse of alcohol such as by binge
drinking or other excessive drinking resulting in alcohol
poisoning, inhaling solvents, and other forms of substance abuse.
The agency shall compile a list of evidence-based substance abuse
awareness programs from which a school district, subject to the
requirements under Section 38.041, shall choose a program to use in
the district's middle school, junior high school, and high school
health curriculum. In this subsection, "evidence-based substance
abuse awareness program" means a program, practice, or strategy
that has been proven to effectively prevent or reduce substance
abuse among students, as determined by evaluations that are
evidence-based.
SECTION 2. Section 37.006(a), Education Code, is amended to
read as follows:
(a) Subject to the requirements of Section 37.009(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) a controlled substance, as defined by
Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
seq., excluding marihuana, as defined by Section 481.002, Health
and Safety Code, or tetrahydrocannabinol, as defined by rule
adopted under Section 481.003 of that code; or
(ii) a dangerous drug, as defined by
Chapter 483, Health and Safety Code;
[(C-1) possesses, uses, or is under the influence
of, or sells, gives, or delivers to another person marihuana, as
defined by Section 481.002, Health and Safety Code, or
tetrahydrocannabinol, as defined by rule adopted under Section
481.003 of that code;
[(C-2) possesses, uses, sells, gives, or
delivers to another person an e-cigarette, as defined by Section
161.081, 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.
SECTION 3. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0063 to read as follows:
Sec. 37.0063. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA
INTERVENTION PROGRAM. (a) In this section:
(1) "E-cigarette" has the meaning assigned by Section
161.081, Health and Safety Code.
(2) "Marihuana" has the meaning assigned by Section
481.002, Health and Safety Code.
(b) Each school district and open-enrollment charter school
shall develop and implement an e-cigarette, tobacco product, and
marihuana intervention program in consultation with campus
behavior coordinators employed by the district or school,
representatives of a regional education service center, and local
health authorities.
(c) A program implemented under this section must serve as a
disciplinary alternative for a student suspected or found to have
engaged in using an e-cigarette, tobacco product, or marihuana on
or within 300 feet of school property, or while attending a
school-sponsored or school-related activity on or off school
property.
(d) A program implemented under this section must:
(1) provide age-appropriate, evidence-based drug
education and counseling to help prevent or reduce the use of
e-cigarettes, tobacco products, and marihuana by students;
(2) provide alternative disciplinary courses of
action that do not use in-school suspension, out-of-school
suspension, or placement in a disciplinary alternative education
program to manage student behavior; and
(3) establish guidelines to identify a student in need
of additional support and to refer a student to in-school or
out-of-school cessation services or treatment.
(e) Each school district and open-enrollment charter school
shall annually conduct training for staff employed by the district
or school on the program implemented under this section.
SECTION 4. Sections 37.009(a-1) and (a-2), Education Code,
are amended to read as follows:
(a-1) If a disciplinary alternative education program is at
capacity at the time a campus behavior coordinator is deciding
placement under Subsection (a) for a student who engaged in conduct
described under Section 37.006(a)(2)(D) [37.006(a)(2)(C-1), (C-2),
(D),] or (E), the student shall be:
(1) placed in in-school suspension; and
(2) if a position becomes available in the program
before the expiration of the period of the placement, transferred
to the program for the remainder of the period.
(a-2) If a disciplinary alternative education program is at
capacity at the time a campus behavior coordinator is deciding
placement under Subsection (a) for a student who engaged in conduct
described under Section 37.007 that constitutes violent conduct, as
defined by commissioner rule, a student who has been placed in the
program for conduct described under Section 37.006(a)(2)(D)
[37.006(a)(2)(C-1), (C-2), (D),] or (E):
(1) may be removed from the program and placed in
in-school suspension to make a position in the program available
for the student who engaged in violent conduct; and
(2) if removed from the program under Subdivision (1)
and a position in the program becomes available before the
expiration of the period of the placement, shall be returned to the
program for the remainder of the period.
SECTION 5. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.041 to read as follows:
Sec. 38.041. E-CIGARETTE, TOBACCO PRODUCT, AND MARIHUANA
PREVENTION AND AWARENESS EDUCATION. (a) In this section:
(1) "E-cigarette" has the meaning assigned by Section
161.081, Health and Safety Code.
(2) "Marihuana" has the meaning assigned by Section
481.002, Health and Safety Code.
(b) Each school district and open-enrollment charter school
shall annually provide instruction relating to the use of
e-cigarettes, tobacco products, and marihuana to students in grades
6 through 12.
(c) The instruction must:
(1) provide age-appropriate, evidence-based drug
education to help prevent or reduce the use of e-cigarettes,
tobacco products, and marihuana by students;
(2) include information and access to support systems,
programs, and services to encourage students to abstain from or
reduce the use of e-cigarettes, tobacco products, and marihuana;
and
(3) be provided by educational, health, or mental
health professionals.
(d) Each school district and open-enrollment charter school
shall annually conduct training for staff employed by the district
or school on the instruction provided under this section.
SECTION 6. This Act applies beginning with the 2025-2026
school year.
SECTION 7. 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, 2025.