SRC-JXG S.B. 42 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 42
76R1144 KKA-DBy: Shapiro
Education
2/25/1999
As Filed


DIGEST 

Currently, Texas law does not allow school districts to perform random drug
tests on students. Texas has no system in place that allows parents to take
an active role in identifying drug abuse in their children. This bill would
authorize school districts to give a student a drug test to be charged to
the student's parents, and would authorize only the parents to receive the
test results. 
 
PURPOSE

As proposed, S.B. 42 authorizes school districts to give drug tests to
students with the permission of the student's parent. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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) Defines "controlled substance,"
"marihuana," and "parent."  

(b) Authorizes the school district to conduct a random drug testing program
on a student at the request of the student's parent.  

(c) Requires the school district to charge the parent of a student
participating in the program to cover the program costs.  

(d) Provides that drug test results are confidential and may be disclosed
only to a student and the student's parent. Requires the school district to
ensure that the student's parent receives the test results directly from
the lab or an appropriate person not employed by the district. 

SECTION 2. Provides that this Act applies beginning with the 1999-2000
school year. 

SECTION 3. Emergency clause.
           Effective date: upon passage.