84R12572 SCL-D
By: Gutierrez H.B. No. 456
Substitute the following for H.B. No. 456:
By: Aycock C.S.H.B. No. 456
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.