88R1243 GCB-D     By: Thompson of Brazoria H.B. No. 114       A BILL TO BE ENTITLED   AN ACT   relating to the possession of e-cigarettes on public school   property or at certain school events; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 38.006, Education Code, is amended by   adding Subsection (c) to read as follows:          (c)  If a school administrator, school resource officer, or   school district peace officer observes the use or possession of an   e-cigarette by a student on school property or at a school-related   or school-sanctioned activity on or off school property, the   administrator or officer may:                (1)  confiscate and dispose of the e-cigarette; and                (2)  notify the appropriate local law enforcement   agency of the student's conduct constituting an offense under   Section 38.0065 of this code, Section 161.252, Health and Safety   Code, or Section 48.01, Penal Code.          SECTION 2.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.0065 to read as follows:          Sec. 38.0065.  POSSESSION OF FIVE OR MORE E-CIGARETTES ON   SCHOOL PROPERTY; CRIMINAL OFFENSE. (a) In this section,   "e-cigarette" has the meaning assigned by Section 161.081, Health   and Safety Code.          (b)  A person commits an offense if the person possesses five   or more e-cigarettes on school property or at a school-related or   school-sanctioned activity on or off school property.          (c)  An offense under this section is a Class B misdemeanor.          SECTION 3.  The change in law made by this Act applies only   to an offense committed on or after the effective date of this Act.   An offense committed before the effective date of this Act is   governed by the law in effect on the date the offense was committed,   and the former law is continued in effect for that purpose. For   purposes of this section, an offense was committed before the   effective date of this Act if any element of the offense occurred   before that date.          SECTION 4.  This Act takes effect September 1, 2023.