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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 e-cigarettes |
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on school property or at school-related or school-sanctioned |
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activities. |
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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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e-cigarettes, as defined by Section 38.006, and tobacco products by |
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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. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL |
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PROPERTY. (a) In this section, "e-cigarette" means an electronic |
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cigarette or any other device that simulates smoking by using a |
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mechanical heating element, battery, or electronic circuit to |
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deliver nicotine or other substances to the individual inhaling |
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from the device. The term does not include a prescription medical |
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device unrelated to the cessation of smoking. The term includes: |
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(1) a device described by this subsection regardless |
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of whether the device is manufactured, distributed, or sold as an |
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e-cigarette, e-cigar, or e-pipe or under another product name or |
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description; and |
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(2) a component, part, or accessory of the device, |
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regardless of whether the component, part, or accessory is sold |
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separately from the device. |
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(b) The board of trustees of a school district shall: |
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(1) prohibit smoking or using e-cigarettes or tobacco |
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products at a school-related or school-sanctioned activity on or |
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off school property; |
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(2) prohibit students from possessing e-cigarettes or |
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tobacco products at a school-related or school-sanctioned activity |
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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. |