| 5 | 4 | | |
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| 6 | 5 | | |
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| 7 | 6 | | A BILL TO BE ENTITLED |
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| 8 | 7 | | AN ACT |
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| 9 | 8 | | relating to a prohibition on the use and possession of e-cigarettes |
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| 10 | 9 | | on school property. |
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| 11 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 11 | | SECTION 1. Section 28.004(k), Education Code, is amended to |
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| 13 | 12 | | read as follows: |
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| 14 | 13 | | (k) A school district shall publish in the student handbook |
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| 15 | 14 | | and post on the district's Internet website, if the district has an |
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| 16 | 15 | | Internet website: |
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| 17 | 16 | | (1) a statement of the policies adopted to ensure that |
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| 18 | 17 | | elementary school, middle school, and junior high school students |
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| 19 | 18 | | engage in at least the amount and level of physical activity |
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| 20 | 19 | | required by Section 28.002(l); |
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| 21 | 20 | | (2) a statement of: |
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| 22 | 21 | | (A) the number of times during the preceding year |
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| 23 | 22 | | the district's school health advisory council has met; |
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| 24 | 23 | | (B) whether the district has adopted and enforces |
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| 25 | 24 | | policies to ensure that district campuses comply with agency |
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| 26 | 25 | | vending machine and food service guidelines for restricting student |
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| 27 | 26 | | access to vending machines; and |
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| 28 | 27 | | (C) whether the district has adopted and enforces |
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| 29 | 28 | | policies and procedures that prescribe penalties for the use of |
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| 30 | 29 | | e-cigarettes, as defined by Section 38.006, and tobacco products by |
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| 31 | 30 | | students and others on school campuses or at school-sponsored or |
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| 32 | 31 | | school-related activities; and |
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| 33 | 32 | | (3) a statement providing notice to parents that they |
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| 34 | 33 | | can request in writing their child's physical fitness assessment |
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| 35 | 34 | | results at the end of the school year. |
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| 36 | 35 | | SECTION 2. Section 38.006, Education Code, is amended to |
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| 37 | 36 | | read as follows: |
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| 38 | 37 | | Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL |
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| 39 | 38 | | PROPERTY. (a) In this section, "e-cigarette" means an electronic |
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| 40 | 39 | | cigarette or any other device that simulates smoking by using a |
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| 41 | 40 | | mechanical heating element, battery, or electronic circuit to |
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| 42 | 41 | | deliver nicotine or other substances to the individual inhaling |
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| 43 | 42 | | from the device. The term does not include a prescription medical |
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| 44 | 43 | | device unrelated to the cessation of smoking. The term includes: |
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| 45 | 44 | | (1) a device described by this subsection regardless |
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| 46 | 45 | | of whether the device is manufactured, distributed, or sold as an |
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| 47 | 46 | | e-cigarette, e-cigar, or e-pipe or under another product name or |
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| 48 | 47 | | description; and |
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| 49 | 48 | | (2) a component, part, or accessory of the device, |
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| 50 | 49 | | regardless of whether the component, part, or accessory is sold |
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| 51 | 50 | | separately from the device. |
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| 52 | 51 | | (b) The board of trustees of a school district shall: |
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| 53 | 52 | | (1) prohibit smoking or using e-cigarettes or tobacco |
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| 54 | 53 | | products at a school-related or school-sanctioned activity on or |
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| 55 | 54 | | off school property; |
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| 56 | 55 | | (2) prohibit students from possessing e-cigarettes or |
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| 57 | 56 | | tobacco products at a school-related or school-sanctioned activity |
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| 58 | 57 | | on or off school property; and |
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| 59 | 58 | | (3) ensure that school personnel enforce the policies |
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| 60 | 59 | | on school property. |
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| 61 | 60 | | SECTION 3. This Act takes effect September 1, 2015. |
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