HB 4352

relating to the removal of a public school student from  the
classroom for engaging in conduct involving the possession of
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
(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
(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
(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
(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
(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
(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
(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
(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
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.