1-1 AN ACT
1-2 relating to prohibiting certain actions by school district
1-3 employees concerning dietary supplements that contain performance
1-4 enhancing compounds; providing a criminal penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 38, Education Code, is amended by adding
1-7 Section 38.011 to read as follows:
1-8 Sec. 38.011. DIETARY SUPPLEMENTS. (a) A school district
1-9 employee may not:
1-10 (1) knowingly sell, market, or distribute a dietary
1-11 supplement that contains performance enhancing compounds to a
1-12 primary or secondary education student with whom the employee has
1-13 contact as part of the employee's school district duties; or
1-14 (2) knowingly endorse or suggest the ingestion,
1-15 intranasal application, or inhalation of a dietary supplement that
1-16 contains performance enhancing compounds by a primary or secondary
1-17 education student with whom the employee has contact as part of the
1-18 employee's school district duties.
1-19 (b) This section does not prohibit a school district
1-20 employee from:
1-21 (1) providing or endorsing a dietary supplement that
1-22 contains performance enhancing compounds to, or suggesting the
1-23 ingestion, intranasal application, or inhalation of a dietary
1-24 supplement that contains performance enhancing compounds by, the
2-1 employee's child; or
2-2 (2) selling, marketing, or distributing a dietary
2-3 supplement that contains performance enhancing compounds to, or
2-4 endorsing or suggesting the ingestion, intranasal application, or
2-5 inhalation of a dietary supplement that contains performance
2-6 enhancing compounds by, a primary or secondary education student as
2-7 part of activities that:
2-8 (A) do not occur on school property or at a
2-9 school-related function;
2-10 (B) are entirely separate from any aspect of the
2-11 employee's employment with the school district; and
2-12 (C) do not in any way involve information about
2-13 or contacts with students that the employee has had access to,
2-14 directly or indirectly, through any aspect of the employee's
2-15 employment with the school district.
2-16 (c) A person who violates this section commits an offense.
2-17 An offense under this section is a Class C misdemeanor.
2-18 (d) In this section:
2-19 (1) "Dietary supplement" has the meaning assigned by
2-20 21 U.S.C. Section 321 and its subsequent amendments.
2-21 (2) "Performance enhancing compound" means a
2-22 manufactured product for oral ingestion, intranasal application, or
2-23 inhalation that:
2-24 (A) contains a stimulant, amino acid, hormone
2-25 precursor, herb or other botanical, or any other substance other
2-26 than an essential vitamin or mineral; and
2-27 (B) is intended to increase athletic or
3-1 intellectual performance, promote muscle growth, or increase an
3-2 individual's endurance or capacity for exercise.
3-3 SECTION 2. This Act takes effect September 1, 1999.
3-4 SECTION 3. The importance of this legislation and the
3-5 crowded condition of the calendars in both houses create an
3-6 emergency and an imperative public necessity that the
3-7 constitutional rule requiring bills to be read on three several
3-8 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3420 was passed by the House on May
13, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3420 was passed by the Senate on May
20, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor