HB4352 - Relating to the removal of a public school student from the classroom for engaging in conduct involving the possession of certain prohibited substances.

  89R11465 JDK-F     By: Dutton H.B. No. 4352       A BILL TO BE ENTITLED   AN ACT   relating to the removal of a public school student from the   classroom for engaging in conduct involving the possession of   certain prohibited substances.          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 (a-1) to read as   follows:          (a)  Subject to the requirements of Section 37.009(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 Subsection (a-1), 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)  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.           (a-1)     Notwithstanding Subsection (a), a student may but is   not required to 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 that contains the elements of:                       (A)     the offense of possession of marihuana under   Section 481.121, Health and Safety Code, if the amount of marihuana   possessed is two ounces or less; or                       (B)     the offense of possession of a controlled   substance under Section 481.116 or 481.1161, Health and Safety   Code, if the substance possessed is an amount less than one gram of   tetrahydrocannabinols or cannabinol derivatives that is:                             (i)     contained in an electronic or other   device that simulates smoking by using a mechanical heating   element, battery, or electronic circuit to deliver a substance   described by this subdivision to the individual inhaling from the   device; or                             (ii)     a consumable liquid solution or other   material aerosolized or vaporized during the use of an electronic   or other device described by this subdivision; or                 (2)     possesses an e-cigarette, as defined by Section   161.081, Health and Safety Code.          SECTION 2.  This Act applies beginning with the 2025-2026   school year.          SECTION 3.  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, 2025.