Bill Text: TX HB114 | 2023-2024 | 88th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the possession, use, or delivery of marihuana or e-cigarettes on or near public school property or at certain school events.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB114 Detail]

Download: Texas-2023-HB114-Introduced.html

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88R1243 GCB-D
By: Thompson of Brazoria H.B. No. 114

A BILL TO BE ENTITLED
AN ACT
relating to the possession of e-cigarettes on public school
property or at certain school events; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 38.0065 of this code, Section 161.252, Health and Safety
Code, or Section 48.01, Penal Code.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0065 to read as follows:
Sec. 38.0065. POSSESSION OF FIVE OR MORE E-CIGARETTES ON
SCHOOL PROPERTY; CRIMINAL OFFENSE. (a) In this section,
"e-cigarette" has the meaning assigned by Section 161.081, Health
and Safety Code.
(b) A person commits an offense if the person possesses five
or more e-cigarettes on school property or at a school-related or
school-sanctioned activity on or off school property.
(c) An offense under this section is a Class B misdemeanor.
SECTION 3. The change in law made by this Act applies only
to an offense committed on or after the effective date of this Act.
An offense committed before the effective date of this Act is
governed by the law in effect on the date the offense was committed,
and the former law is continued in effect for that purpose. For
purposes of this section, an offense was committed before the
effective date of this Act if any element of the offense occurred
before that date.
SECTION 4. This Act takes effect September 1, 2023.