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By: King of Parker, Bailey, Morrison, Luna, H.B. No. 3563
Swinford, et al.
A BILL TO BE ENTITLED
AN ACT
relating to the use of anabolic steroids by public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 33, Education Code, is
amended by adding Section 33.091 to read as follows:
Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE. (a) In
this section:
(1) "League" means the University Interscholastic
League.
(2) "Parent" includes a guardian or other person
standing in parental relation.
(3) "Steroid" means an anabolic steroid as described
by Section 481.104, Health and Safety Code.
(b) The league shall adopt rules prohibiting a student from
participating in an athletic competition sponsored or sanctioned by
the league unless:
(1) the student agrees not to use steroids; and
(2) the league obtains from the student's parent a
statement signed by the parent and acknowledging that:
(A) state law prohibits possessing, dispensing,
delivering, or administering a steroid in a manner not allowed by
state law;
(B) state law provides that body building, muscle
enhancement, or the increase of muscle bulk or strength through the
use of a steroid by a person who is in good health is not a valid
medical purpose;
(C) only a medical doctor may prescribe a steroid
for a person; and
(D) a violation of state law concerning steroids
is a criminal offense punishable by confinement in jail or
imprisonment in the Texas Department of Criminal Justice.
(c) The league shall:
(1) develop an educational program for students
engaged in extracurricular athletic activities sponsored or
sanctioned by the league, parents of those students, and coaches of
those activities regarding the health effects of steroid use; and
(2) make the program available to school districts.
(d) During the 2005-2006 school year, the league shall
conduct a survey regarding the extent of illegal steroid use by high
school students, including students engaged in extracurricular
athletic activities sponsored or sanctioned by the league. The
survey must be designed to determine:
(1) the number of high school students found by school
districts to have possessed or used illegal steroids;
(2) the number of school districts that test high
school students, including students engaged in extracurricular
athletic activities, for the presence of illegal steroids in the
students' bodies; and
(3) any other information the league considers
indicative of illegal steroid use by high school students engaged
in extracurricular athletic activities.
(e) The league shall:
(1) cooperate with an appropriate public or private
entity to study the effectiveness of the educational program
required by Subsection (c);
(2) develop a plan for testing students engaged in
extracurricular athletic activities sponsored or sanctioned by the
league for the presence of illegal steroids in the students'
bodies; and
(3) not later than December 1, 2006, file a written
report with the legislature regarding:
(A) the results of the survey required by
Subsection (d);
(B) the results of the study required by
Subdivision (1); and
(C) the plan for testing students required by
Subdivision (2).
(f) If, based on the report required under Subsection
(e)(3), the legislature determines that the educational program
required by Subsection (c) has not significantly reduced the use of
illegal steroids by students engaged in extracurricular athletic
activities, the legislature may require the league to implement the
steroid testing plan developed under Subsection (e)(2).
(g) The league may increase the membership fees required of
school districts that participate in athletic competitions
sponsored or sanctioned by the league in an amount necessary to
offset the cost of league activities under this section.
(h) Subsection (b)(1) does not apply to the use by a student
of a steroid that is dispensed, prescribed, delivered, and
administered by a medical practitioner for a valid medical purpose
and in the course of professional practice.
(i) The league shall develop the educational program
required by Subsection (c) not later than September 1, 2005. This
subsection and Subsections (d), (e), and (f) expire January 15,
2007.
SECTION 2. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.0081 to read as follows:
Sec. 38.0081. INFORMATION ABOUT STEROIDS. (a) The agency,
in conjunction with the Department of State Health Services, shall:
(1) develop information about the use of anabolic
steroids and the health risks involved with such use; and
(2) distribute the information to school districts.
(b) Each school district shall, at appropriate grade levels
as determined by the State Board of Education, provide the
information developed under Subsection (a) to district students,
particularly to those students involved in extracurricular
athletic activities.
SECTION 3. Sections 33.091 and 38.0081, Education Code, as
added by this Act, apply beginning with the 2005-2006 school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.