Bill Text: TX SB2428 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the removal of a public school student from the classroom for the possession or use of an e-cigarette.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Referred to Public Education [SB2428 Detail]
Download: Texas-2023-SB2428-Engrossed.html
| By: Creighton | S.B. No. 2428 | |
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| relating to the removal of a public school student from the | ||
| classroom for the possession or use of an e-cigarette. | ||
| 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 Subsections (a-1) and (a-2) 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) subject to Subsections (a-1) and (a-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; | ||
| (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. | ||
| (a-1) If a disciplinary alternative education program is at | ||
| capacity at the time a student is required to be removed from class | ||
| and placed in the program under Subsection (a) for possession or use | ||
| of an e-cigarette, as defined by Section 161.081, Health and Safety | ||
| Code, and school personnel cannot readily determine that the | ||
| e-cigarette contains a substance described by Subsection | ||
| (a)(2)(C), 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 student is required to be removed from class | ||
| and placed in the program under Subsection (a) for engaging in | ||
| violent conduct, as defined by commissioner rule, a student who has | ||
| been removed to the program for possession or use of an e-cigarette, | ||
| as defined by Section 161.081, Health and Safety Code: | ||
| (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 2. Subchapter A, Chapter 37, Education Code, is | ||
| amended by adding Section 37.0065 to read as follows: | ||
| Sec. 37.0065. E-CIGARETTE EDUCATION REQUIREMENT. (a) In | ||
| this section, "e-cigarette" has the meaning assigned by Section | ||
| 161.081, Health and Safety Code. | ||
| (b) The agency shall develop a program to educate students | ||
| required to be removed from class and placed in a disciplinary | ||
| alternative education program or in in-school suspension under | ||
| Section 37.006 for possession or use of an e-cigarette about the | ||
| risks of substance abuse and use of e-cigarettes. The program may | ||
| be provided in person or online and must include an end-of-course | ||
| assessment. | ||
| (c) A student described by Subsection (b) must complete the | ||
| program developed under that subsection and achieve a satisfactory | ||
| score on the end-of-course assessment before the student may return | ||
| to class. | ||
| SECTION 3. This Act applies beginning with the 2023-2024 | ||
| school year. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2023. | ||
