HBA-JRA H.B. 1195 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1195 By: Hodge Public Education 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, there is no system in Texas to facilitate parents' awareness of their child's possible drug use. A voluntary, random drug testing program at school may assist parents by making them aware of their child's possible drug use and may act as a deterrent to drug use by teenagers. H.B. 1195 authorizes school districts to establish voluntary, random drug testing programs. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 38, Education Code, by adding Section 38.011, as follows: Sec. 38.011. DRUG TESTING PROGRAM. (a) Establishes that "controlled substance" and "marihuana" have the meanings assigned by Chapter 481, Health and Safety Code (Texas Controlled Substances Act), and defines "parent." (b) Authorizes a school district to provide a drug testing program under which a student, at the request of the student's parent, is randomly tested for the presence of marihuana or a controlled substance in the student's body. (c) Requires a school district that provides such a program to charge a fee to the parent of a student participating in the program to cover the costs of administering the program and conducting the drug tests. (d) Provides that results of a drug test are confidential and authorizes their disclosure only to the student and the student's parent, unless required by court order. Requires a school district providing a drug testing program to ensure that the student's parent receives the test results directly from the lab analyzing the test or from an appropriate person who is not employed by the district. SECTION 2. Makes application of this Act prospective to the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage.