SB 2220

By: Zaffirini
  S.B. No. 2220
  A BILL TO BE ENTITLED
  AN ACT
  relating to the removal of a student from public school for the
  possession, use, or delivery of 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 37.001, Education Code, is amended by
  amending Subsection (a) to read as follows:
         (a)  The board of trustees of an independent school district
  shall, with the advice of its district-level committee established
  under Subchapter F, Chapter 11, adopt a student code of conduct for
  the district. The student code of conduct must be posted and
  prominently displayed at each school campus or made available for
  review at the office of the campus principal. In addition to
  establishing standards for student conduct, the student code of
  conduct must:
               (1)  specify the circumstances, in accordance with this
  subchapter, under which a student may be removed from a classroom,
  campus, disciplinary alternative education program, or vehicle
  owned or operated by the district;
               (2)  specify conditions that authorize or require a
  principal or other appropriate administrator to transfer a student
  to a disciplinary alternative education program;
               (3)  outline conditions under which a student may be
  suspended as provided by Section 37.005 or expelled as provided by
  Section 37.007;
               (4)  specify that consideration will be given, as a
  factor in each decision concerning suspension, removal to a
  disciplinary alternative education program, expulsion, or
  placement in a juvenile justice alternative education program,
  regardless of whether the decision concerns a mandatory or
  discretionary action, to:
                     (A)  self-defense;
                     (B)  intent or lack of intent at the time the
  student engaged in the conduct;
                     (C)  a student's disciplinary history;
                     (D)  a disability that substantially impairs the
  student's capacity to appreciate the wrongfulness of the student's
  conduct;
                     (E)  a student's status in the conservatorship of
  the Department of Family and Protective Services; or
                     (F)  a student's status as a student who is
  homeless;
               (5)  provide guidelines for setting the length of a
  term of:
                     (A)  a removal under Section 37.006; and
                     (B)  an expulsion under Section 37.007;
               (6)  address the notification of a student's parent or
  guardian of a violation of the student code of conduct committed by
  the student that results in suspension, removal to a disciplinary
  alternative education program, or expulsion;
               (7)  prohibit bullying, harassment, and making hit
  lists and ensure that district employees enforce those
  prohibitions;
               (8)  provide, as appropriate for students at each grade
  level, methods, including options, for:
                     (A)  managing students in the classroom, on school
  grounds, and on a vehicle owned or operated by the district;
                     (B)  disciplining students; and
                     (C)  preventing and intervening in student
  discipline problems, including bullying, harassment, and making
  hit lists; and
                     (D)  preventing and intervening in the
  possession, use, sale, giving, or delivery of e-cigarettes, as
  defined by Section 161.001, Health and Safety Code, by students;
  and
               (9)  include an explanation of the provisions regarding
  refusal of entry to or ejection from district property under
  Section 37.105, including the appeal process established under
  Section 37.105(h).
         SECTION 2.  Section 37.006, Education Code, is amended by
  amending Subsection (a) 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)  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.
         SECTION 3.  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 or possession 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 4.  This Act applies beginning with the 2025-2026
  school year.
         SECTION 5.  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.