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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the use and possession of vapor |
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products on school property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 28.004(k), Education Code, is amended to |
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read as follows: |
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(k) A school district shall publish in the student handbook |
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and post on the district's Internet website, if the district has an |
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Internet website: |
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(1) a statement of the policies adopted to ensure that |
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elementary school, middle school, and junior high school students |
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engage in at least the amount and level of physical activity |
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required by Section 28.002(l); |
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(2) a statement of: |
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(A) the number of times during the preceding year |
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the district's school health advisory council has met; |
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(B) whether the district has adopted and enforces |
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policies to ensure that district campuses comply with agency |
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vending machine and food service guidelines for restricting student |
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access to vending machines; and |
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(C) whether the district has adopted and enforces |
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policies and procedures that prescribe penalties for the use of |
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vapor products, as defined by Section 38.006, and tobacco products |
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by students and others on school campuses or at school-sponsored or |
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school-related activities; and |
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(3) a statement providing notice to parents that they |
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can request in writing their child's physical fitness assessment |
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results at the end of the school year. |
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SECTION 2. Section 38.006, Education Code, is amended to |
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read as follows: |
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Sec. 38.006. VAPOR PRODUCTS AND TOBACCO PRODUCTS ON SCHOOL |
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PROPERTY. (a) In this section, "vapor product" means: |
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(1) an electronic cigarette or any other device that |
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uses a mechanical heating element, battery, or electronic circuit |
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to deliver vapor that may include nicotine to the individual |
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inhaling from the device; or |
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(2) any substance used to fill or refill an electronic |
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cigarette or other device described by Subdivision (1). |
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(b) The board of trustees of a school district shall: |
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(1) prohibit smoking or using vapor products or |
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tobacco products at a school-related or school-sanctioned activity |
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on or off school property; |
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(2) prohibit students from possessing vapor products |
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or tobacco products at a school-related or school-sanctioned |
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activity on or off school property; and |
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(3) ensure that school personnel enforce the policies |
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on school property. |
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SECTION 3. This Act takes effect September 1, 2015. |