Bill Text: TX SB96 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to a prohibition on the use and possession of e-cigarettes on school property or at school-related or school-sanctioned activities.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2015-05-26 - Placed on General State Calendar [SB96 Detail]
Download: Texas-2015-SB96-Comm_Sub.html
By: Hinojosa, et al. | S.B. No. 96 | |
(Gutierrez) | ||
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relating to a prohibition on the use and possession of e-cigarettes | ||
on school property or at school-related or school-sanctioned | ||
activities. | ||
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. |