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BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3563

                                                                                                                                     By: King, Phil

                                                                                                                                       State Affairs

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Over the past decade, high school steroid abuse has become a growing problem.  For example, the National Center for Disease Control reported that from 1991 to 2003, steroid use more than doubled among high school students and more than six percent of 15,000 students acknowledged they tried steroid pills or shots at least once.  A Texas A&M University survey on substance abuse in 2002 found that nearly 42,000 Texas students in grades 7 through 12 - about 2.3% - had taken steroids.  Researchers have suggested in numerous newspaper articles that the number of students who report using steroids "is almost certainly too low."

 

Last spring, nine students at Colleyville Heritage High School in suburban Fort Worth confessed to using the performance-enhancing drugs, making it one of the largest cases of confirmed steroid use at a United States high school.  Out of  1,674 Texas public high schools,  only 93 were testing for performance-enhancing drugs in 2002.  The University Interscholastic League (UIL) does not have any more recent statistics on steroid use among high school athletes.

 

Anabolic steroid use can have severe physical and emotional consequences both for males and females.  Physical effects can include stunted growth, high blood pressure, and liver tumors.  Psychological effects can include wide mood swings that range from episodes of uncontrolled anger and aggressiveness to clinical depression when steroid use is stopped.

 

Due to the inherent physical and psychological danger involved with steroid abuse and he evidence that suggests a lack of effort on behalf of school districts and the University Interscholastic League (UIL) to address this growing problem, CSHB 3563 directs school districts who participate in UIL athletic events to develop a steroid testing program.  School districts will be required to randomly test high school athletes during postseason, or "play-offs."  If a student tests positive  for anabolic steroids, the high school is required to notify the students parents and suspend the athlete from activity for the duration of the season.  CSHB 3563 also instructs districts to provide more education on the dangers of steroid abuse and requires students to sign a steroid-free pledge prior to competing in a UIL athletic activity.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that rulemaking authority is expressly granted to the University Interscholastic League in SECTION 1 of this bill. 

 

ANALYSIS

 

Directs the University Interscholastic League (UIL) to implement a policy that prohibits a student from participating in a UIL athletic competition unless the student agrees not to use steroids and the student's parent signs a form acknowledging an understanding of the legal and medical implications of steroids.  Requires UIL to develop and make available to school districts, an educational program regarding the health effects of steroid use.  Requires UIL to conduct a survey regarding illegal steroid use by high school  students.  Requires the UIL to study the effectiveness of the educational program and develop a plan for testing students and to report all results of the above-mentioned survey, study, and plan with the legislature.  Allows the legislature to require the UIL to implement the steroid testing plan if the legislature determines the educational program did not decrease significantly the use of illegal steroids.  Allows UIL to increase membership fees for participating schools in an amount necessary to offset the costs of the above activities.

 

Requires the Texas Education Agency to partner with the Department of State Health Services to develop and distribute materials that provide information about steroid use and the health risks associated with steroids;  requires school districts to provide information to develop the information for these materials.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

CSHB 3563 no longer be requires the UIL to implement a random steroid test.  All sections from the bill as filed that required steroid testing are removed.  CSHB 3563 adds a section that requires the UIL to develop rules establishing a steroid educational program for students, parents, and coaches to be implemented by September of the 2005-2006 school year.

 

CSHB 3563 redefines "parent" to include a guardian or any other person standing in a parental relationship.

 

CSHB 3563 redefines "steroid" to include the statutory definition in the Health and Safety Code. CSHB 3563 adds language to clarify that the act does not apply to steroids that serve a valid medical purpose and are dispense by a medical professional in the course of professional practice. CSHB 3563 changes all references to "steroids" that were found in the bill as filed to "illegal steroids."

 

CSHB 3563 requires the UIL to "cooperate" with a public or private entity, as opposed to "contract."