88R22965 GCB-D     By: Thompson of Brazoria H.B. No. 114     Substitute the following for H.B. No. 114:     By:  Buckley C.S.H.B. No. 114       A BILL TO BE ENTITLED   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, Education Code, is amended by   amending Subsection (a) and adding Subsection (d-1) to read as   follows:          (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.; or                            (ii)  a dangerous drug, as defined by   Chapter 483, Health and Safety Code;                      (C-1)  sells, gives, or delivers marihuana to   another person;                      (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.          (d-1)  In addition to Subsections (a), (b), (c), and (d), a   student may be removed from class and placed in a disciplinary   alternative education program under Section 37.008 if the student   possesses, uses, or is under the influence of marihuana 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 school district shall require a student who engages in   conduct described by this subsection, not later than 30 days after   the date the conduct occurs, to complete an agency-approved drug   and alcohol awareness program, which may be offered in-person or   online.          SECTION 2.  Section 38.006, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  If a school administrator, school resource officer, or   school district peace officer observes the use, possession, or   delivery of an e-cigarette by a student on school property or at a   school-related or school-sanctioned activity on or off school   property, the administrator or officer may:                (1)  confiscate and dispose of the e-cigarette; and                (2)  notify the appropriate local law enforcement   agency of the student's conduct constituting an offense under   Section 161.252, Health and Safety Code, or Section 48.01, Penal   Code.          SECTION 3.  Not later than October 1, 2023, the Texas   Education Agency shall approve one or more drug or alcohol   awareness programs for purposes of Section 37.006(d-1), Education   Code, as added by this Act.          SECTION 4.  This Act takes effect September 1, 2023.