HBA-GUM H.B. 3420 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3420
By: Maxey
Public Education
3/25/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no law governing the sale or endorsement of dietary
supplements by school personnel to a student.  Many substances categorized
as dietary supplements under the federal Dietary Supplement and Health
Education Act of 1994 are not regulated by the United States Food and Drug
Administration (FDA).  There is no requirement that a dietary supplement's
effectiveness or potential side effects be researched.  Some Texas high
school coaches have encouraged the use of dietary supplements, such as
creatine, by their athletes, and may have in fact sold the supplements to
the athletes.  This  bill prohibits the sale and distribution of dietary
supplements to students by school personnel, and prohibits school personnel
from endorsing dietary supplements that have not been evaluated and
approved for safety by the FDA. 

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.  DIETARY SUPPLEMENTS.  Defines "dietary supplement."
Prohibits a school district employee from selling, marketing or
distributing dietary supplements to a student.  Prohibits a school district
employee from endorsing or suggesting ingestion of a dietary supplement
that has not been evaluated and approved for safety by the Food and Drug
Administration. 

SECTION 3.  Effective date: September 1, 1999.

SECTION 4.  Emergency clause.