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 * * * * *