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.