By:  Oakley                                            H.B. No. 411
       73R2172 SHS-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to a study to be conducted by the Central Education Agency
    1-3  with the assistance of others to determine the number of students
    1-4  in Texas who are taking stimulant therapy or other medication for
    1-5  the control of hyperactivity or other forms of behavior.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  STUDY.  The Central Education Agency shall
    1-8  coordinate and conduct a study relating to the number of students
    1-9  in Texas schools who are receiving stimulant therapy or other
   1-10  medication for the control of hyperactivity or other forms of
   1-11  behavior.  The study shall at a minimum set forth the number of
   1-12  students per school district who are receiving stimulant therapy or
   1-13  other medication for the control of hyperactivity or other forms of
   1-14  behavior and the number of students who are receiving the treatment
   1-15  per category of therapy or medication.  The study may include other
   1-16  information that is relevant in the judgment of the agency.
   1-17        SECTION 2.  COOPERATION.  Each school district shall
   1-18  cooperate with the agency and its agents in providing information
   1-19  requested by the agency.
   1-20        SECTION 3.  ASSISTANCE OF HEALTH DEPARTMENT.  The Texas
   1-21  Department of Health shall provide assistance to the agency in
   1-22  conducting the study at the request of the agency and may make
   1-23  suggestions to the agency regarding the conduct of the study.
   1-24        SECTION 4.  CONSENT.  Information relevant to this study
    2-1  regarding a student may be obtained only with the consent of a
    2-2  parent or guardian of the student.  The identity of each student
    2-3  from whom or regarding whom information is obtained in any way in
    2-4  relation to this study must be held in confidence and is not
    2-5  subject to disclosure except at the express written request of the
    2-6  student or the student's parent or guardian.
    2-7        SECTION 5.  RULES.  The agency shall adopt rules consistent
    2-8  with this Act for the conduct and coordination of the study.
    2-9        SECTION 6.  REPORTS.  The study required by this Act shall be
   2-10  presented to the presiding officer of each house of the legislature
   2-11  not later than February 1, 1995.  The agency may present interim
   2-12  reports on the study to those officers at the request of those
   2-13  officers or if an interim report would be useful in the judgment of
   2-14  the agency.
   2-15        SECTION 7.  EMERGENCY.  The importance of this legislation
   2-16  and the crowded condition of the calendars in both houses create an
   2-17  emergency and an imperative public necessity that the
   2-18  constitutional rule requiring bills to be read on three several
   2-19  days in each house be suspended, and this rule is hereby suspended,
   2-20  and that this Act take effect and be in force from and after its
   2-21  passage, and it is so enacted.