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  84R12572 SCL-D
 
  By: Gutierrez, Villalba, Faircloth, H.B. No. 456
      Sheffield, Zerwas
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the use and possession of e-cigarettes
  on school property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 28.004(k), Education Code, is amended to
  read as follows:
         (k)  A school district shall publish in the student handbook
  and post on the district's Internet website, if the district has an
  Internet website:
               (1)  a statement of the policies adopted to ensure that
  elementary school, middle school, and junior high school students
  engage in at least the amount and level of physical activity
  required by Section 28.002(l);
               (2)  a statement of:
                     (A)  the number of times during the preceding year
  the district's school health advisory council has met;
                     (B)  whether the district has adopted and enforces
  policies to ensure that district campuses comply with agency
  vending machine and food service guidelines for restricting student
  access to vending machines; and
                     (C)  whether the district has adopted and enforces
  policies and procedures that prescribe penalties for the use of
  e-cigarettes, as defined by Section 38.006, and tobacco products by
  students and others on school campuses or at school-sponsored or
  school-related activities; and
               (3)  a statement providing notice to parents that they
  can request in writing their child's physical fitness assessment
  results at the end of the school year.
         SECTION 2.  Section 38.006, Education Code, is amended to
  read as follows:
         Sec. 38.006.  E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL
  PROPERTY. (a) In this section, "e-cigarette" means an electronic
  cigarette or any other device that simulates smoking by using a
  mechanical heating element, battery, or electronic circuit to
  deliver nicotine or other substances to the individual inhaling
  from the device. The term does not include a prescription medical
  device unrelated to the cessation of smoking. The term includes:
               (1)  a device described by this subsection regardless
  of whether the device is manufactured, distributed, or sold as an
  e-cigarette, e-cigar, or e-pipe or under another product name or
  description; and
               (2)  a component, part, or accessory of the device,
  regardless of whether the component, part, or accessory is sold
  separately from the device.
         (b)  The board of trustees of a school district shall:
               (1)  prohibit smoking or using e-cigarettes or tobacco
  products at a school-related or school-sanctioned activity on or
  off school property;
               (2)  prohibit students from possessing e-cigarettes or
  tobacco products at a school-related or school-sanctioned activity
  on or off school property; and
               (3)  ensure that school personnel enforce the policies
  on school property.
         SECTION 3.  This Act takes effect September 1, 2015.