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A BILL TO BE ENTITLED
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AN ACT
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relating to the possession of e-cigarettes on public school |
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property or at certain school events; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 38.006, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If a school administrator, school resource officer, or |
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school district peace officer observes the use or possession of an |
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e-cigarette by a student on school property or at a school-related |
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or school-sanctioned activity on or off school property, the |
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administrator or officer may: |
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(1) confiscate and dispose of the e-cigarette; and |
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(2) notify the appropriate local law enforcement |
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agency of the student's conduct constituting an offense under |
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Section 38.0065 of this code, Section 161.252, Health and Safety |
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Code, or Section 48.01, Penal Code. |
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SECTION 2. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.0065 to read as follows: |
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Sec. 38.0065. POSSESSION OF FIVE OR MORE E-CIGARETTES ON |
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SCHOOL PROPERTY; CRIMINAL OFFENSE. (a) In this section, |
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"e-cigarette" has the meaning assigned by Section 161.081, Health |
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and Safety Code. |
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(b) A person commits an offense if the person possesses five |
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or more e-cigarettes on school property or at a school-related or |
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school-sanctioned activity on or off school property. |
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(c) An offense under this section is a Class B misdemeanor. |
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SECTION 3. The change in law made by this Act applies only |
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to an offense committed on or after the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by the law in effect on the date the offense was committed, |
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and the former law is continued in effect for that purpose. For |
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purposes of this section, an offense was committed before the |
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effective date of this Act if any element of the offense occurred |
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before that date. |
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SECTION 4. This Act takes effect September 1, 2023. |