Texas - Alcohol and Drug-use Prohibitions or Restrictions: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
Statute
Summary: 

State law prohibits the sale, possession, or use of alcohol or controlled substances on school grounds or at school-related events.

Texas Statutes Education Code 37.006 Removal for Certain Conduct

(a) A student shall be removed from class and placed in a disciplinary alternative education program as provided by Section <a href"http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=ED&Value=37.008">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) marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.; or

      • (ii) a dangerous drug, as defined by Chapter 483, 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; or

    • (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.


Texas Statutes Education Code 37.007 Expulsion for Serious Offenses

(a)  Except as provided by Subsection (k), a student shall be expelled from a school if the student, on school property or while attending a school-sponsored or school-related activity on or off of school property:

  • (1)  engages in conduct that contains the elements of the offense of unlawfully carrying weapons under Section 46.02, Penal Code, or elements of an offense relating to prohibited weapons under Section 46.05, Penal Code;

  • (2)  engages in conduct that contains the elements of the offense of:

    • (A)  aggravated assault under Section 22.02, Penal Code, sexual assault under Section 22.011, Penal Code, or aggravated sexual assault under Section 22.021, Penal Code;

    • (B)  arson under Section 28.02, Penal Code;

    • (C)  murder under Section 19.02, Penal Code, capital murder under Section 19.03, Penal Code, or criminal attempt, under Section 15.01, Penal Code, to commit murder or capital murder;

    • (D)  indecency with a child under Section 21.11, Penal Code;

    • (E)  aggravated kidnapping under Section 20.04, Penal Code;

    • (F)  aggravated robbery under Section 29.03, Penal Code;

    • (G)  manslaughter under Section 19.04, Penal Code;

    • (H)  criminally negligent homicide under Section 19.05, Penal Code; or

    • (I)  continuous sexual abuse of young child or children under Section 21.02, Penal Code; or

  • (3)  engages in conduct specified by Section 37.006(a)(2)(C) or (D), if the conduct is punishable as a felony.

(b)  A student may be expelled 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;

  • (2)  while 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)  sells, gives, or delivers to another person or possesses, uses, or is under the influence of any amount of:

      • (i)  marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq.;

      • (ii)  a dangerous drug, as defined by Chapter 483, Health and Safety Code; or

      • (iii)  an alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code;


Texas Statutes Education Code 37.015 Reports to Local Law Enforcement; Liability

(a)  The principal of a public or private primary or secondary school, or a person designated by the principal under Subsection (d), shall notify any school district police department and the police department of the municipality in which the school is located or, if the school is not in a municipality, the sheriff of the county in which the school is located if the principal has reasonable grounds to believe that any of the following activities occur in school, on school property, or at a school-sponsored or school-related activity on or off school property, whether or not the activity is investigated by school security officers:

  • (1)  conduct that may constitute an offense listed under Section 508.149, Government Code;

  • (2)  deadly conduct under Section 22.05, Penal Code;

  • (3)  a terroristic threat under Section 22.07, Penal Code;

  • (4)  the use, sale, or possession of a controlled substance, drug paraphernalia, or marihuana under Chapter 481, Health and Safety Code;

  • (5)  the possession of any of the weapons or devices listed under Sections 46.01(1)—(14) or Section 46.01(16), Penal Code;

  • (6)  conduct that may constitute a criminal offense under Section 71.02, Penal Code; or

  • (7)  conduct that may constitute a criminal offense for which a student may be expelled under Section <a href"http://www.statutes.legis.state.tx.us/GetStatute.aspx?Code=ED&Value=37.007">37.007(a), (d), or (e).

(b)  A person who makes a notification under this section shall include the name and address of each student the person believes may have participated in the activity.

(c)  A notification is not required under Subsection (a) if the person reasonably believes that the activity does not constitute a criminal offense.

(d)  The principal of a public or private primary or secondary school may designate a school employee who is under the supervision of the principal to make the reports required by this section.

(e)  The person who makes the notification required under Subsection (a) shall also notify each instructional or support employee of the school who has regular contact with a student whose conduct is the subject of the notice.

(f)  A person is not liable in civil damages for reporting in good faith as required by this section.

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