By: Shapiro, Carona, Lucio S.B. No. 42 A BILL TO BE ENTITLED AN ACT 1-1 relating to authorizing school districts to offer drug testing 1-2 programs. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 38, Education Code, is amended by adding 1-5 Section 38.011 to read as follows: 1-6 Sec. 38.011. DRUG TESTING PROGRAM. (a) In this section: 1-7 (1) "Controlled substance" and "marihuana" have the 1-8 meanings assigned by Chapter 481, Health and Safety Code. 1-9 (2) "Parent" includes a person standing in parental 1-10 relation. 1-11 (b) A school district may provide a drug testing program 1-12 under which a student, at the request of the student's parent, is 1-13 randomly tested for the presence in the student's body of marihuana 1-14 or a controlled substance. 1-15 (c) A school district that provides a program under this 1-16 section shall charge the parent of a student participating in the 1-17 program a fee to cover the costs of administering the program and 1-18 conducting the drug tests. 1-19 (d) Results of a drug test conducted under this section are 1-20 confidential and, unless required by court order, may be disclosed 1-21 only to the student and the student's parent. A school district 1-22 providing a program under this section shall ensure that the 1-23 student's parent receives test results directly from the lab 1-24 analyzing the test or from an appropriate person who is not 2-1 employed by the district. 2-2 (e) This section shall have no effect on any other drug 2-3 testing program in a school district. 2-4 SECTION 2. This Act applies beginning with the 1999-2000 2-5 school year. 2-6 SECTION 3. The importance of this legislation and the 2-7 crowded condition of the calendars in both houses create an 2-8 emergency and an imperative public necessity that the 2-9 constitutional rule requiring bills to be read on three several 2-10 days in each house be suspended, and this rule is hereby suspended, 2-11 and that this Act take effect and be in force from and after its 2-12 passage, and it is so enacted.