HBA-JRA H.B. 3113 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3113 By: Uresti Public Education 4/7/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas law does not requires school districts to perform random drug tests on high school student athletes prior to participation in an extracurricular athletic activity or University Interscholastic League athletic competition. H.B. 3113 requires school districts to provide a drug testing program to test student athletes for the presence of marihuana or controlled substances in the student's body before and randomly during each season. 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 Subchapter D, Chapter 33, Education Code, by adding Section 33.086, as follows: Sec. 33.086. DRUG TESTING PROGRAM. (a) Provides that "controlled substance" and "marihuana" have the meanings assigned by Chapter 481 (Texas Controlled Substances Act), Health and Safety Code. Defines "parent." (b) Requires a school district to provide a drug testing program consistent with this section under which a student who participates in an extracurricular athletic activity or a University Interscholastic League (UIL) athletic competition is tested for the presence in the student's body of marihuana or a controlled substance. (c) Requires a school district to test such a student before the student participates in the activity or at the beginning of the season of each UIL athletic competition in which the student participates and randomly during the activity or season. (d) Provides that a second test must be administered as soon as practicable if a student tests positive on the first drug test. Prohibits the district from taking further action against the student if the confirmation test result is negative. Provides that, if the confirmation test result is positive, the principal must notify and schedule a meeting with the student's parents and suspend the student from participation in the activity or competition for the remainder of the season. (e) Provides that a student is permanently prohibited from participating in any extracurricular athletic activity or UIL competition if the student is suspended from participation under Subsection (d) three times. (f) Requires the school district to charge the parent of a student participating in the program a fee to cover the costs of administering the program and conducting the drug tests. (g) Provides that the results of a drug test conducted under this section is confidential and may be disclosed only to the student, the student's parent, the athletic directors, the principal, and the vice principals of the school. Requires a school district providing a drug testing program to ensure that the student's parent receives 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.