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