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What is the law in regards to students caught with vaping products at Texas schools?

(AP Photo/Rebecca Blackwell, File) (Rebecca Blackwell, Copyright 2023 The Associated Press. All rights reserved.)

HOUSTON – School is back in session in the Houston area.

With students back in the classroom, some may be tempted to bring or use vape products or e-cigarettes while on campus.

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A state law which went into effect in September 2023 increases the penalties for students caught with the products.

House Bill 114, passed by the Texas Legislature in 2023, amends section 37 of the Texas Education Code to include e-cigarettes in a list of certain offenses a student can commit to require removal from school.

Under the law, any student caught with a vape product within 300 feet of school property must be sent to an alternative school program.

The purpose of the law is to deter and reduce vaping among youth.

When the law went into effect last year, KPRC 2 spoke with two school districts, Fort Bend ISD and Montgomery ISD. Both districts said before the new law if a student was caught vaping the punishment was case by case—depending on how many times they were caught and whether it was a controlled substance. So, a first-time offender might only receive in-school suspension.


About the Author

Christian Terry covered digital news in Tyler and Wichita Falls before returning to the Houston area where he grew up. He is passionate about weather and the outdoors and often spends his days off on the water fishing.

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