1-1     By:  Shapiro, Carona, Lucio                             S.B. No. 42
 1-2           (In the Senate - Filed November 9, 1998; January 26, 1999,
 1-3     read first time and referred to Committee on Education;
 1-4     March 8, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 9, Nays 0; March 8, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 42                      By:  Cain
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to authorizing school districts to offer drug testing
1-11     programs.
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.  DRUG TESTING PROGRAM.  (a)  In this section:
1-16                 (1)  "Controlled substance" and "marihuana" have the
1-17     meanings assigned by Chapter 481, Health and Safety Code.
1-18                 (2)  "Parent" includes a person standing in parental
1-19     relation.
1-20           (b)  A school district may provide a drug testing program
1-21     under which a student, at the request of the student's parent, is
1-22     randomly tested for the presence in the student's body of marihuana
1-23     or a controlled substance.
1-24           (c)  A school district that provides a program under this
1-25     section shall charge the parent of a student participating in the
1-26     program a fee to cover the costs of administering the program and
1-27     conducting the drug tests.
1-28           (d)  Results of a drug test conducted under this section are
1-29     confidential and, unless required by court order, may be disclosed
1-30     only to the student and the student's parent.  A school district
1-31     providing a program under this section shall ensure that the
1-32     student's parent receives test results directly from the lab
1-33     analyzing the test or from an appropriate person who is not
1-34     employed by the district.
1-35           (e)  This section shall have no effect on any other drug
1-36     testing program in a school district.
1-37           SECTION 2.  This Act applies beginning with the 1999-2000
1-38     school year.
1-39           SECTION 3.  The importance of this legislation and the
1-40     crowded condition of the calendars in both houses create an
1-41     emergency and an imperative public necessity that the
1-42     constitutional rule requiring bills to be read on three several
1-43     days in each house be suspended, and this rule is hereby suspended,
1-44     and that this Act take effect and be in force from and after its
1-45     passage, and it is so enacted.
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