Texas 2025 - 89th Regular

Texas Senate Bill SB2220 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Zaffirini S.B. No. 2220
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the removal of a student from public school for the
9	9	possession, use, or delivery of e-cigarettes on or near public
10	10	school property or at certain school events.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 37.001, Education Code, is amended by
13	13	amending Subsection (a) to read as follows:
14	14	(a) The board of trustees of an independent school district
15	15	shall, with the advice of its district-level committee established
16	16	under Subchapter F, Chapter 11, adopt a student code of conduct for
17	17	the district. The student code of conduct must be posted and
18	18	prominently displayed at each school campus or made available for
19	19	review at the office of the campus principal. In addition to
20	20	establishing standards for student conduct, the student code of
21	21	conduct must:
22	22	(1) specify the circumstances, in accordance with this
23	23	subchapter, under which a student may be removed from a classroom,
24	24	campus, disciplinary alternative education program, or vehicle
25	25	owned or operated by the district;
26	26	(2) specify conditions that authorize or require a
27	27	principal or other appropriate administrator to transfer a student
28	28	to a disciplinary alternative education program;
29	29	(3) outline conditions under which a student may be
30	30	suspended as provided by Section 37.005 or expelled as provided by
31	31	Section 37.007;
32	32	(4) specify that consideration will be given, as a
33	33	factor in each decision concerning suspension, removal to a
34	34	disciplinary alternative education program, expulsion, or
35	35	placement in a juvenile justice alternative education program,
36	36	regardless of whether the decision concerns a mandatory or
37	37	discretionary action, to:
38	38	(A) self-defense;
39	39	(B) intent or lack of intent at the time the
40	40	student engaged in the conduct;
41	41	(C) a student's disciplinary history;
42	42	(D) a disability that substantially impairs the
43	43	student's capacity to appreciate the wrongfulness of the student's
44	44	conduct;
45	45	(E) a student's status in the conservatorship of
46	46	the Department of Family and Protective Services; or
47	47	(F) a student's status as a student who is
48	48	homeless;
49	49	(5) provide guidelines for setting the length of a
50	50	term of:
51	51	(A) a removal under Section 37.006; and
52	52	(B) an expulsion under Section 37.007;
53	53	(6) address the notification of a student's parent or
54	54	guardian of a violation of the student code of conduct committed by
55	55	the student that results in suspension, removal to a disciplinary
56	56	alternative education program, or expulsion;
57	57	(7) prohibit bullying, harassment, and making hit
58	58	lists and ensure that district employees enforce those
59	59	prohibitions;
60	60	(8) provide, as appropriate for students at each grade
61	61	level, methods, including options, for:
62	62	(A) managing students in the classroom, on school
63	63	grounds, and on a vehicle owned or operated by the district;
64	64	(B) disciplining students; and
65	65	(C) preventing and intervening in student
66	66	discipline problems, including bullying, harassment, and making
67	67	hit lists; and
68	68	(D) preventing and intervening in the
69	69	possession, use, sale, giving, or delivery of e-cigarettes, as
70	70	defined by Section 161.001, Health and Safety Code, by students;
71	71	and
72	72	(9) include an explanation of the provisions regarding
73	73	refusal of entry to or ejection from district property under
74	74	Section 37.105, including the appeal process established under
75	75	Section 37.105(h).
76	76	SECTION 2. Section 37.006, Education Code, is amended by
77	77	amending Subsection (a) to read as follows:
78	78	(a) Subject to the requirements of Section 37.009(a), a
79	79	student shall be removed from class and placed in a disciplinary
80	80	alternative education program as provided by Section 37.008 if the
81	81	student:
82	82	(1) engages in conduct involving a public school that
83	83	contains the elements of the offense of false alarm or report under
84	84	Section 42.06, Penal Code, or terroristic threat under Section
85	85	22.07, Penal Code; or
86	86	(2) commits the following on or within 300 feet of
87	87	school property, as measured from any point on the school's real
88	88	property boundary line, or while attending a school-sponsored or
89	89	school-related activity on or off of school property:
90	90	(A) engages in conduct punishable as a felony;
91	91	(B) engages in conduct that contains the elements
92	92	of the offense of assault under Section 22.01(a) (1), Penal Code;
93	93	(C) sells, gives, or delivers to another person
94	94	or possesses or uses or is under the influence of:
95	95	(i) a controlled substance, as defined by
96	96	Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et
97	97	seq., excluding marihuana, as defined by Section 481.002, Health
98	98	and Safety Code, or tetrahydrocannabinol, as defined by rule
99	99	adopted under Section 481.003 of that code; or
100	100	(ii) a dangerous drug, as defined by
101	101	Chapter 483, Health and Safety Code;
102	102	(C-1) possesses, uses, or is under the influence
103	103	of, or sells, gives, or delivers to another person marihuana, as
104	104	defined by Section 481.002, Health and Safety Code, or
105	105	tetrahydrocannabinol, as defined by rule adopted under Section
106	106	481.003 of that code;
107	107	(C-2) possesses, uses, sells, gives, or delivers
108	108	to another person an e-cigarette, as defined by Section 161.081,
109	109	Health and Safety Code;
110	110	(D) sells, gives, or delivers to another person
111	111	an alcoholic beverage, as defined by Section 1.04, Alcoholic
112	112	Beverage Code, commits a serious act or offense while under the
113	113	influence of alcohol, or possesses, uses, or is under the influence
114	114	of an alcoholic beverage;
115	115	(E) engages in conduct that contains the elements
116	116	of an offense relating to an abusable volatile chemical under
117	117	Sections 485.031 through 485.034, Health and Safety Code;
118	118	(F) engages in conduct that contains the elements
119	119	of the offense of public lewdness under Section 21.07, Penal Code,
120	120	or indecent exposure under Section 21.08, Penal Code; or
121	121	(G) engages in conduct that contains the elements
122	122	of the offense of harassment under Section 42.07(a)(1), (2), (3),
123	123	or (7), Penal Code, against an employee of the school district.
124	124	SECTION 3. Section 38.006, Education Code, is amended by
125	125	adding Subsection (c) to read as follows:
126	126	(c) If a school administrator, school resource officer, or
127	127	school district peace officer observes the use or possession of an
128	128	e-cigarette by a student on school property or at a school-related
129	129	or school-sanctioned activity on or off school property, the
130	130	administrator or officer may:
131	131	(1) confiscate and dispose of the e-cigarette; and
132	132	(2) notify the appropriate local law enforcement
133	133	agency of the student's conduct constituting an offense under
134	134	Section 161.252, Health and Safety Code, or Section 48.01, Penal
135	135	Code.
136	136	SECTION 4. This Act applies beginning with the 2025-2026
137	137	school year.
138	138	SECTION 5. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2025.