By Hodge                                              H.B. No. 1195
         76R1144 KKA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to authorizing school districts to offer drug testing
 1-3     programs.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 38, Education Code, is amended by adding
 1-6     Section 38.011 to read as follows:
 1-7           Sec. 38.011.  DRUG TESTING PROGRAM.  (a)  In this section:
 1-8                 (1)  "Controlled substance" and "marihuana" have the
 1-9     meanings assigned by Chapter 481, Health and Safety Code.
1-10                 (2)  "Parent" includes a person standing in parental
1-11     relation.
1-12           (b)  A school district may provide a drug testing program
1-13     under which a student, at the request of the student's parent, is
1-14     randomly tested for the presence in the student's body of marihuana
1-15     or a controlled substance.
1-16           (c)  A school district that provides a program under this
1-17     section shall charge the parent of a student participating in the
1-18     program a fee to cover the costs of administering the program and
1-19     conducting the drug tests.
1-20           (d)  Results of a drug test conducted under this section are
1-21     confidential and, unless required by court order, may be disclosed
1-22     only to the student and the student's parent.  A school district
1-23     providing a program under this section shall ensure that the
1-24     student's parent receives test results directly from the lab
 2-1     analyzing the test or from an appropriate person who is not
 2-2     employed by the district.
 2-3           SECTION 2.  This Act applies beginning with the 1999-2000
 2-4     school year.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended,
2-10     and that this Act take effect and be in force from and after its
2-11     passage, and it is so enacted.