This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

                                                                                

79R13340 ESH-D

By:  King of Parker                                               H.B. No. 3563



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.  STEROID TESTING PROGRAM.  (a)  In this section:           
		(1)  "Parent" includes a person standing in parental 
relation.       
		(2)  "Steroid" means an anabolic steroid.                              
	(b)  A school district shall provide a steroid testing 
program consistent with this section under which district students 
who participate in a University Interscholastic League postseason 
athletic competition may be tested for the presence of steroids in 
the students' bodies.
	(c)  A school district shall randomly test a sample of 
students before any University Interscholastic League postseason 
athletic competition in which the students participate.
	(d)  If a student tests positive in a steroid test 
administered under this section, a second test must be administered 
as soon as practicable to confirm the positive test result.  If the 
confirmation test result is positive, the principal of the school 
the student attends shall:
		(1)  notify and schedule a meeting with the student's 
parent; and    
		(2)  suspend the student from participation in the 
University Interscholastic League athletic competition for the 
remainder of the postseason competition.
	(e)  A student is permanently prohibited from participating 
in any University Interscholastic League competition if the student 
is suspended from participation three times under Subsection (d).
	(f)  A school district shall pay the costs of administering 
the program and conducting the steroid tests.
	(g)  The University Interscholastic 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 institutional division of the Texas Department 
of Criminal Justice.
	(h)  Results of a steroid test conducted under this section 
are confidential and, unless required by court order, may be 
disclosed only to the student, the student's parent, the activity 
directors, the principal, and the assistant principals of the 
school. A school district shall ensure that the student's parent 
receives test results directly from the lab analyzing the test or 
from an appropriate person who is not employed by the district.
	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.