76R11340 CAS-F                           
         By Maxey                                              H.B. No. 3420
         Substitute the following for H.B. No. 3420:
         By Dunnam                                         C.S.H.B. No. 3420
                                A BILL TO BE ENTITLED
 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.