1-1     By:  Maxey, Danburg, Grusendorf                       H.B. No. 3420
 1-2          (Senate Sponsor - West)
 1-3           (In the Senate - Received from the House May 13, 1999;
 1-4     May 14, 1999, read first time and referred to Committee on
 1-5     Education; May 14, 1999, reported favorably by the following vote:
 1-6     Yeas 6, Nays 0; May 14, 1999, sent to printer.)
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to prohibiting certain actions by school district
1-10     employees concerning dietary supplements that contain performance
1-11     enhancing compounds; providing a criminal penalty.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Chapter 38, Education Code, is amended by adding
1-14     Section 38.011 to read as follows:
1-15           Sec. 38.011.  DIETARY SUPPLEMENTS.  (a)  A school district
1-16     employee may not:
1-17                 (1)  knowingly sell, market, or distribute a dietary
1-18     supplement that contains performance enhancing compounds to a
1-19     primary or secondary education student with whom the employee has
1-20     contact as part of the employee's school district duties; or
1-21                 (2)  knowingly endorse or suggest the ingestion,
1-22     intranasal application, or inhalation of a dietary supplement that
1-23     contains performance enhancing compounds by a primary or secondary
1-24     education student with whom the employee has contact as part of the
1-25     employee's school district duties.
1-26           (b)  This section does not prohibit a school district
1-27     employee  from:
1-28                 (1)  providing or endorsing a dietary supplement that
1-29     contains performance enhancing compounds to, or suggesting the
1-30     ingestion, intranasal application, or inhalation of a dietary
1-31     supplement that contains performance enhancing compounds by, the
1-32     employee's child; or
1-33                 (2)  selling, marketing, or distributing a dietary
1-34     supplement that contains performance enhancing compounds to, or
1-35     endorsing or suggesting the ingestion, intranasal application, or
1-36     inhalation of a dietary supplement that contains performance
1-37     enhancing compounds by, a primary or secondary education student as
1-38     part of activities that:
1-39                       (A)  do not occur on school property or at a
1-40     school-related function;
1-41                       (B)  are entirely separate from any aspect of the
1-42     employee's employment with the school district; and
1-43                       (C)  do not in any way involve information about
1-44     or contacts with students that the employee has had access to,
1-45     directly or indirectly, through any aspect of the employee's
1-46     employment with the school district.
1-47           (c)  A person who violates this section commits an offense.
1-48     An offense under this section is a Class C misdemeanor.
1-49           (d)  In this section:
1-50                 (1)  "Dietary supplement" has the meaning assigned by
1-51     21 U.S.C. Section 321 and its subsequent amendments.
1-52                 (2)  "Performance enhancing compound" means a
1-53     manufactured product for oral ingestion, intranasal application, or
1-54     inhalation that:
1-55                       (A)  contains a stimulant, amino acid, hormone
1-56     precursor, herb or other botanical, or any other substance other
1-57     than an essential vitamin or mineral; and
1-58                       (B)  is intended to increase athletic or
1-59     intellectual performance, promote muscle growth, or increase an
1-60     individual's endurance or capacity for exercise.
1-61           SECTION 2.  This Act takes effect September 1, 1999.
1-62           SECTION 3.  The importance of this legislation and the
1-63     crowded condition of the calendars in both houses create an
1-64     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.
 2-3                                  * * * * *