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. 1-46 * * * * *