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  | H.B. No. 114 |
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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 [ |
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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)  [ |
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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 SectiStatutes 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) |