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 Section 15.01, Penal Code, to commit murder or
	capital murder;
	(D)  indecency with a child under Section 21.11,
	Penal Code;
	(E)  aggravated kidnapping under Section 20.04,
	Penal Code;
	(F)  aggravated robbery under Section 29.03,
	Penal Code;
	(G)  manslaughter under Section 19.04, Penal
	Code;
	(H)  criminally negligent homicide under Section
	19.05, Penal Code; or
	(I)  continuous sexual abuse of young child or
	disabled individual under Section 21.02, Penal Code; or
	(3)  engages in conduct specified by Section
	37.006(a)(2)(C) [or (D)], if the conduct is punishable as a felony.
	SECTION 3.  Section 37.008(k), Education Code, is amended to
	read as follows:
	(k)  A program of educational and support services may be
	provided to a student and the student's parents when the offense
	involves drugs, e-cigarettes, or alcohol as specified under Section
	37.006 or 37.007.  A disciplinary alternative education program
	that provides chemical dependency treatment services must be
	licensed under Chapter 464, Health and Safety Code.
	SECTION 4.  Section 37.009, Education Code, is amended by
	adding Subsections (a-1) and (a-2) to read as follows:
	(a-1)  If a disciplinary alternative education program is at
	capacity at the time a campus behavior coordinator is deciding
	placement under Subsection (a) for a student who engaged in conduct
	described under Section 37.006(a)(2)(C-1), (C-2), (D), or (E), the
	student shall be:
	(1)  placed in in-school suspension; and
	(2)  if a position becomes available in the program
	before the expiration of the period of the placement, transferred
	to the program for the remainder of the period.
	(a-2)  If a disciplinary alternative education program is at
	capacity at the time a campus behavior coordinator is deciding
	placement under Subsection (a) for a student who engaged in conduct
	described under Section 37.007 that constitutes violent conduct, as
	defined by commissioner rule, a student who has been placed in the
	program for conduct described under Section 37.006(a)(2)(C-1),
	(C-2), (D), or (E):
	(1)  may be removed from the program and placed in
	in-school suspension to make a position in the program available
	for the student who engaged in violent conduct; and
	(2)  if removed from the program under Subdivision (1)
	and a position in the program becomes available before the
	expiration of the period of the placement, shall be returned to the
	program for the remainder of the period.
	SECTION 5.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 114 was passed by the House on April
	25, 2023, by the following vote:  Yeas 145, Nays 2, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 114 on May 26, 2023, by the following vote:  Yeas 136, Nays 6, 1
	present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 114 was passed by the Senate, with
	amendments, on May 24, 2023, by the following vote:  Yeas 29, Nays
	1.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor