SB2220 - 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.

      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.