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