FNCF(LEGAL) - STUDENT CONDUCT: ALCOHOL AND DRUG USE
A board shall prohibit the use of alcoholic beverages at school-related or school-sanctioned activities on or off school property. Education Code 38.007(a)
A board shall attempt to provide a safe alcohol-free environment to students coming to or going from school.
A board may cooperate with local law enforcement officials and the Texas Alcoholic Beverage Commission in attempting to provide this environment and in enforcing the alcohol-free zone provisions in the Alcoholic Beverage Code.
Education Code 38.007(b)
Districts in Large Municipalities
If the majority of the area of a district is located in a municipality with a population of 900,000 or more, the board may petition the commissioners court of the county in which the district is located or the governing board of an incorporated city or town in which the district is located to adopt a 1,000-foot alcohol-free zone. Education Code 38.007(b); Alcoholic Beverage Code 101.75, 109.33, .59
A person commits an offense (a Class C misdemeanor) if the person possesses an intoxicating beverage for consumption, sale, or distribution while:
- On the grounds or in a building of a public school; or
- Entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school is being held.
Education Code 37.122
The punishment is enhanced for offenses under the Texas Controlled Substances Act, Health and Safety Code, Chapter 481, if the offense was committed:
- In, on, or within 1,000 feet of any real property that is owned, rented, or leased to a school district or a playground; or
- On a school bus.
Health and Safety Code 481.134(d)(1)–(2)
Abusable Volatile Chemicals
A person commits an offense (Class B misdemeanor) if the person inhales, ingests, applies, uses, or possesses an abusable volatile chemical with intent to inhale, ingest, apply, or use the chemical in a manner:
- Contrary to directions for use, cautions, or warnings appearing on a label of a container of the chemical; and
- Designed to affect the person's central nervous system; create or induce a condition of intoxication, hallucination, or elation; or change, distort, or disturb the person's eyesight, thinking process, balance, or coordination.
Health and Safety Code 485.031(a)–(b)
Delivery to a Minor
A person commits an offense if the person knowingly delivers an abusable volatile chemical to a person who is younger than 18 years of age. Health and Safety Code 485.032
A person commits an offense (Class B misdemeanor) if the person knowingly uses or possesses with intent to use inhalant paraphernalia to inhale, ingest, or otherwise introduce into the body an abusable volatile chemical.
A person commits an offense (Class A misdemeanor) if the person delivers or sells, possesses with intent to deliver or sell, or manufactures with intent to deliver or sell, inhalant paraphernalia, and at that time knows that the person who receives or is intended to receive the paraphernalia intends that it be used to inhale, ingest, apply, use, or otherwise introduce into the body an abusable volatile chemical.
Health and Safety Code 485.033
Note: For disciplinary consequences associated with the offenses above, see FOC and FOD.
Steroid Law Notice
Each school in a district in which there is a grade level of seven or higher shall post in a conspicuous location in the school gymnasium and each other place in a building where physical education classes are conducted the following notice:
Anabolic steroids are for medical use only. State law prohibits possession, dispensing, delivery, or administering an anabolic steroid in any manner not allowed by state law. State law provides that body building, muscle enhancement, or the increase of muscle bulk or strength through the use of an anabolic steroid or human growth hormone by a person who is in good health is not a valid medical purpose. Only a medical doctor may prescribe an anabolic steroid or human growth hormone for a person. A violation of state law concerning anabolic steroids or human growth hormones is a criminal offense punishable by confinement in jail or imprisonment in the Texas Department of Criminal Justice.
Education Code 38.008