H.B. No. 114
 
 
 
AN ACT
relating to the possession, use, or delivery of marihuana or
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 37.006(a), Education Code, is amended to
read as follows:
       (a)  Subject to the requirements of Section 37.009(a), 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)  [marihuana or] 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 2.  Section 37.007(a), Education Code, is amended to
read as follows:
       (a)  Except as provided by Subsection (k) and subject to the
requirements of Section 37.009(a), a student shall be expelled from
a school if the student, on school property or while attending a
school-sponsored or school-related activity on or off of school
property:
             (1)  engages in conduct that contains the elements of
the offense of unlawfully carrying weapons under Section 46.02,
Penal Code, or elements of an offense relating to prohibited
weapons under Section 46.05, Penal Code;
             (2)  engages in conduct that contains the elements of
the offense of:
                   (A)  aggravated assault under Section 22.02,
Penal Code, sexual assault under Section 22.011, Penal Code, or
aggravated sexual assault under Section 22.021, Penal Code;
                   (B)  arson under Section 28.02, Penal Code;
                   (C)  murder under Section 19.02, Penal Code,
capital murder under Section 19.03, Penal Code, or criminal
attempt, under Secti

Statutes affected:
Introduced: Education Code 38.006, Subchapter A, Chapter , Education Code 48.01 (Subchapter A, Chapter , Education Code 48, Education Code 38)
House Committee Report: Education Code 37.006, Education Code 38.006 (Subchapter A, Chapter , Education Code 48, Education Code 37, Education Code 38)
Engrossed: Education Code 37.006, Education Code 38.006 (Subchapter A, Chapter , Education Code 48, Education Code 37, Education Code 38)
Senate Committee Report: Education Code 37.006, Education Code 38.006 (Subchapter A, Chapter , Education Code 48, Education Code 37, Education Code 38)
Enrolled: Education Code 37.006, Education Code 37.007, Education Code 37.008, Education Code 37.009 (Subchapter A, Chapter , Education Code 48, Education Code 37, Education Code 38)