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A BILL TO BE ENTITLED
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AN ACT
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relating to random testing of certain public school students for |
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steroid use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 33.091, Education Code, |
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is amended to read as follows: |
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Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE; RANDOM |
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TESTING. |
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SECTION 2. Section 33.091, Education Code, is amended by |
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amending Subsections (b) and (h) and adding Subsections (d), (e), |
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(f), and (f-1) to read as follows: |
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(b) The league shall adopt rules prohibiting a student from |
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participating in an athletic competition sponsored or sanctioned by |
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the league unless: |
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(1) the student agrees not to use steroids and, if the |
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student is enrolled in high school, the student submits to random |
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testing for the presence of illegal steroids in the student's body, |
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in accordance with the program established under Subsection (d); |
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and |
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(2) the league obtains from the student's parent a |
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statement signed by the parent and acknowledging that: |
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(A) state law prohibits possessing, dispensing, |
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delivering, or administering a steroid in a manner not allowed by |
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state law; |
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(B) state law provides that bodybuilding, muscle |
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enhancement, or the increase of muscle bulk or strength through the |
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use of a steroid by a person who is in good health is not a valid |
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medical purpose; |
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(C) only a physician or a person acting under the |
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delegation and supervision of a physician in conformity with |
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Subchapter B, Chapter 157, Occupations Code, [medical doctor] may |
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prescribe a steroid for a person; and |
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(D) a violation of state law concerning steroids |
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is a criminal offense punishable by confinement in jail or |
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imprisonment in the Texas Department of Criminal Justice. |
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(d) The league shall adopt rules for the administration of a |
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steroid testing program under which high school students |
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participating in an athletic competition sponsored or sanctioned by |
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the league are tested for the presence of steroids in the students' |
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bodies. The rules must: |
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(1) require each school district to submit to the |
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league a list of students who are subject to testing under the |
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program; |
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(2) establish a statistically significant number of |
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students to be tested; |
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(3) provide for the league to generate a random list of |
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selected students to be tested by each school district for |
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steroids; |
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(4) require each school district to test the selected |
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students at a laboratory: |
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(A) approved by the league; and |
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(B) certified or accredited: |
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(i) by the Substance Abuse and Mental |
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Health Services Administration of the United States Department of |
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Health and Human Services; or |
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(ii) under the Forensic Urine Drug Testing |
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Program of the College of American Pathologists; |
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(5) provide for a process for confirming any initial |
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positive test result through a subsequent test conducted as soon as |
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practicable after the initial test, using a sample that was |
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obtained at the same time as the sample used for the initial test; |
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and |
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(6) provide for a period of ineligibility from |
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participation in an athletic competition sponsored or sanctioned by |
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the league for any student with a confirmed positive test result. |
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(e) Results of a steroid test conducted under Subsection (d) |
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are confidential and, unless required by court order, may be |
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disclosed only to the student and the student's parent and the |
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activity directors, principal, and assistant principals of the |
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school attended by the student. |
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(f) The league shall pay the costs of the steroid testing |
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program established under Subsection (d). If necessary to provide |
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adequate revenue to pay those costs, the league shall impose an |
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admission fee for spectators at athletic competitions sponsored or |
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sanctioned by the league. Revenue raised through an admission fee |
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under this subsection shall be used only to pay the costs of the |
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steroid testing program. |
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(f-1) The league shall conduct a study on the procedures |
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used for specimen collection for the steroid testing program |
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conducted under Subsection (d) and on whether the persons |
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performing specimen collection services used by school districts |
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for the steroid testing are trained and certified. The league shall |
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submit the results of the study to the governor, the lieutenant |
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governor, and the speaker of the house of representatives not later |
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than December 1, 2008. This subsection expires September 1, 2009. |
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(h) Subsection (b)(1) does not apply to the use by a student |
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of a steroid that is dispensed, prescribed, delivered, and |
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administered by a medical practitioner for a valid medical purpose |
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and in the course of professional practice, and a student is not |
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subject to a period of ineligibility under Subsection (d)(6) on the |
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basis of that steroid use. |
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SECTION 3. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |