By Uresti H.B. No. 3113
76R7617 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring school districts to implement drug testing
1-3 programs for certain students.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter D, Chapter 33, Education Code, is
1-6 amended by adding Section 33.086 to read as follows:
1-7 Sec. 33.086. 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 shall provide a drug testing program
1-13 consistent with this section under which a student who participates
1-14 in an extracurricular athletic activity or a University
1-15 Interscholastic League athletic competition is tested for the
1-16 presence in the student's body of marihuana or a controlled
1-17 substance.
1-18 (c) A school district shall test a student subject to drug
1-19 testing under this section:
1-20 (1) before the student may participate in the
1-21 extracurricular athletic activity or at the beginning of the season
1-22 of each University Interscholastic League athletic competition in
1-23 which the student participates; and
1-24 (2) randomly during the extracurricular athletic
2-1 activity or University Interscholastic League competition season in
2-2 which the student participates.
2-3 (d) If a student tests positive in a drug test administered
2-4 under this section, a second test must be administered as soon as
2-5 practicable to confirm the positive test result. If the
2-6 confirmation test result is negative, the district may not take
2-7 further action against the student. If the confirmation test
2-8 result is positive, the principal must:
2-9 (1) notify and schedule a meeting with the student's
2-10 parents; and
2-11 (2) suspend the student from participation in the
2-12 extracurricular athletic activity or University Interscholastic
2-13 League competition for the remainder of that athletic activity's or
2-14 competition's season.
2-15 (e) A student is permanently prohibited from participating
2-16 in any extracurricular athletic activity or University
2-17 Interscholastic League competition if the student is suspended from
2-18 participation three times under Subsection (d).
2-19 (f) A school district shall charge the parent of a student
2-20 participating in the program a fee to cover the costs of
2-21 administering the program and conducting the drug tests.
2-22 (g) Results of a drug test conducted under this section are
2-23 confidential and, unless required by court order, may be disclosed
2-24 only to the student, the student's parent, the athletic directors,
2-25 the principal, and the vice principals of the school. A school
2-26 district providing a program under this section shall ensure that
2-27 the student's parent receives test results directly from the lab
3-1 analyzing the test or from an appropriate person who is not
3-2 employed by the district.
3-3 SECTION 2. This Act applies beginning with the 1999-2000
3-4 school year.
3-5 SECTION 3. The importance of this legislation and the
3-6 crowded condition of the calendars in both houses create an
3-7 emergency and an imperative public necessity that the
3-8 constitutional rule requiring bills to be read on three several
3-9 days in each house be suspended, and this rule is hereby suspended,
3-10 and that this Act take effect and be in force from and after its
3-11 passage, and it is so enacted.