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  84R2041 SCL-D
 
  By: Gutierrez H.B. No. 456
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the use and possession of vapor
  products 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
  vapor products, 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.  VAPOR PRODUCTS AND TOBACCO PRODUCTS ON SCHOOL
  PROPERTY. (a) In this section, "vapor product" means:
               (1)  an electronic cigarette or any other device that
  uses a mechanical heating element, battery, or electronic circuit
  to deliver vapor that may include nicotine to the individual
  inhaling from the device; or
               (2)  any substance used to fill or refill an electronic
  cigarette or other device described by Subdivision (1).
         (b)  The board of trustees of a school district shall:
               (1)  prohibit smoking or using vapor products or
  tobacco products at a school-related or school-sanctioned activity
  on or off school property;
               (2)  prohibit students from possessing vapor products
  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.