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