HB 114

Overview

The information below provides a general overview of the new legislation. Click here to view the bill.

House Bill (HB) 114 amends Texas Education Code, Chapter 37 to address mandatory discipline requirements related to marijuana, tetrahydrocannabinol(THC) and e-cigarettes. This bill requires a student to be placed in the DAEP if the student possesses, uses, or is under the influence of, or sells, gives, or delivers marijuana or THC within 300 feet of school property or at a school-related event. Placement in DAEP is also required is a student possesses, uses, sells, gives, or delivers to another person an e-cigarette within 300 feet of school property or at a school-related event. The bill also amends Texas Education Code, Section 37.006(a) to exclude marijuana and THC from the definition of controlled substance. The requirement for mandatory expulsion for felony marijuana, THC, and alcohol-related conduct are also removed.

If a DAEP is at capacity, a student who commits an offense related to marijuana, THC, e-cigarettes, alcohol, or abusable volatile chemicals shall be placed in in-school suspension (ISS) until a place in a DAEP becomes available or the period of the student’s placement ends. If a DAEP is at capacity when a student who engaged in violent conduct needs to be placed, a district may move a student placed in DAEP for conduct related to marijuana, THC, an e-cigarette, alcohol, or an abusable volatile chemical to ISS to make room for the student who engaged in violent conduct. If a district removes a student from a DAEP to ISS, the student must be returned to a DAEP if a place becomes available before the end of the period of placement.

E-cigarette offenses are now a mandatory DAEP placement.
Felony marijuana, THC, and alcohol are no longer mandatory expulsions.
If DAEP is at capacity then the student who commits an offense related to marijuana, THC, e-cigarettes, alcohol, or abusable volatile chemicals shall be placed in ISS until a spot at DAEP becomes available.
If DAEP is at capacity and a student who engages in violent behavior needs to be placed, then a student who is placed in DAEP for conduct related to marijuana, THC, e-cigarettes, alcohol, or abusable volatile chemical may be removed from DAEP and placed in ISS for the remainder of their placement at their home campus to free up space.