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The text as introduced · 706 words

89R11465 JDK-F

By: Dutton
H.B. No. 4352

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) 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) 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) 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.

(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 the

student:

(1) engages in conduct that contains the elements of:

(A) the offense of possession of marihuana under

Section 481.121, Health and Safety Code, if the amount of marihuana

possessed is two ounces or less; or

(B) the offense of possession of a controlled

substance under Section 481.116 or 481.1161, Health and Safety

Code, if the substance possessed is an amount less than one gram of

tetrahydrocannabinols or cannabinol derivatives that is:

(i) contained in 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

(ii) a consumable liquid solution or other

material aerosolized or vaporized during the use of an electronic

or other device described by this subdivision; or

(2) possesses an e-cigarette, as defined by Section

161.081, Health and Safety Code.

SECTION 2. This Act applies beginning with the 2025-2026

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, 2025.