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.