Bill Summary – FastDemocracy

      
            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)




	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)