vaping near school means alternative school

The text as introduced · 1,078 words

By: Zaffirini
S.B. No. 2220

A BILL TO BE ENTITLED

AN ACT

relating to the removal of a student from public school for the

possession, use, or delivery of e-cigarettes on or near public

school property or at certain school events.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.001, Education Code, is amended by

amending Subsection (a) to read as follows:

(a) The board of trustees of an independent school district

shall, with the advice of its district-level committee established

under Subchapter F, Chapter 11, adopt a student code of conduct for

the district. The student code of conduct must be posted and

prominently displayed at each school campus or made available for

review at the office of the campus principal. In addition to

establishing standards for student conduct, the student code of

conduct must:

(1) specify the circumstances, in accordance with this

subchapter, under which a student may be removed from a classroom,

campus, disciplinary alternative education program, or vehicle

owned or operated by the district;

(2) specify conditions that authorize or require a

principal or other appropriate administrator to transfer a student

to a disciplinary alternative education program;

(3) outline conditions under which a student may be

suspended as provided by Section 37.005 or expelled as provided by

Section 37.007;

(4) specify that consideration will be given, as a

factor in each decision concerning suspension, removal to a

disciplinary alternative education program, expulsion, or

placement in a juvenile justice alternative education program,

regardless of whether the decision concerns a mandatory or

discretionary action, to:

(A) self-defense;

(B) intent or lack of intent at the time the

student engaged in the conduct;

(C) a student's disciplinary history;

(D) a disability that substantially impairs the

student's capacity to appreciate the wrongfulness of the student's

conduct;

(E) a student's status in the conservatorship of

the Department of Family and Protective Services; or

(F) a student's status as a student who is

homeless;

(5) provide guidelines for setting the length of a

term of:

(A) a removal under Section 37.006; and

(B) an expulsion under Section 37.007;

(6) address the notification of a student's parent or

guardian of a violation of the student code of conduct committed by

the student that results in suspension, removal to a disciplinary

alternative education program, or expulsion;

(7) prohibit bullying, harassment, and making hit

lists and ensure that district employees enforce those

prohibitions;

(8) provide, as appropriate for students at each grade

level, methods, including options, for:

(A) managing students in the classroom, on school

grounds, and on a vehicle owned or operated by the district;

(B) disciplining students; and

(C) preventing and intervening in student

discipline problems, including bullying, harassment, and making

hit lists; and

(D) preventing and intervening in the

possession, use, sale, giving, or delivery of e-cigarettes, as

defined by Section 161.001, Health and Safety Code, by students;

and

(9) include an explanation of the provisions regarding

refusal of entry to or ejection from district property under

Section 37.105, including the appeal process established under

Section 37.105(h).

SECTION 2. Section 37.006, Education Code, is amended by

amending Subsection (a) 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. Section 38.006, Education Code, is amended by

adding Subsection (c) to read as follows:

(c) If a school administrator, school resource officer, or

school district peace officer observes the use or possession of an

e-cigarette by a student on school property or at a school-related

or school-sanctioned activity on or off school property, the

administrator or officer may:

(1) confiscate and dispose of the e-cigarette; and

(2) notify the appropriate local law enforcement

agency of the student's conduct constituting an offense under

Section 161.252, Health and Safety Code, or Section 48.01, Penal

Code.

SECTION 4. This Act applies beginning with the 2025-2026

school year.

SECTION 5. 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.