Texas 2015 - 84th Regular

Texas Senate Bill SB96 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hinojosa, et al. S.B. No. 96
2	2	(Gutierrez)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a prohibition on the use and possession of e-cigarettes
8	8	on school property or at school-related or school-sanctioned
9	9	activities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 28.004(k), Education Code, is amended to
12	12	read as follows:
13	13	(k) A school district shall publish in the student handbook
14	14	and post on the district's Internet website, if the district has an
15	15	Internet website:
16	16	(1) a statement of the policies adopted to ensure that
17	17	elementary school, middle school, and junior high school students
18	18	engage in at least the amount and level of physical activity
19	19	required by Section 28.002(l);
20	20	(2) a statement of:
21	21	(A) the number of times during the preceding year
22	22	the district's school health advisory council has met;
23	23	(B) whether the district has adopted and enforces
24	24	policies to ensure that district campuses comply with agency
25	25	vending machine and food service guidelines for restricting student
26	26	access to vending machines; and
27	27	(C) whether the district has adopted and enforces
28	28	policies and procedures that prescribe penalties for the use of
29	29	e-cigarettes, as defined by Section 38.006, and tobacco products by
30	30	students and others on school campuses or at school-sponsored or
31	31	school-related activities; and
32	32	(3) a statement providing notice to parents that they
33	33	can request in writing their child's physical fitness assessment
34	34	results at the end of the school year.
35	35	SECTION 2. Section 38.006, Education Code, is amended to
36	36	read as follows:
37	37	Sec. 38.006. E-CIGARETTES AND TOBACCO PRODUCTS ON SCHOOL
38	38	PROPERTY. (a) In this section, "e-cigarette" means an electronic
39	39	cigarette or any other device that simulates smoking by using a
40	40	mechanical heating element, battery, or electronic circuit to
41	41	deliver nicotine or other substances to the individual inhaling
42	42	from the device. The term does not include a prescription medical
43	43	device unrelated to the cessation of smoking. The term includes:
44	44	(1) a device described by this subsection regardless
45	45	of whether the device is manufactured, distributed, or sold as an
46	46	e-cigarette, e-cigar, or e-pipe or under another product name or
47	47	description; and
48	48	(2) a component, part, or accessory of the device,
49	49	regardless of whether the component, part, or accessory is sold
50	50	separately from the device.
51	51	(b) The board of trustees of a school district shall:
52	52	(1) prohibit smoking or using e-cigarettes or tobacco
53	53	products at a school-related or school-sanctioned activity on or
54	54	off school property;
55	55	(2) prohibit students from possessing e-cigarettes or
56	56	tobacco products at a school-related or school-sanctioned activity
57	57	on or off school property; and
58	58	(3) ensure that school personnel enforce the policies
59	59	on school property.
60	60	SECTION 3. This Act takes effect September 1, 2015.