|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to steroid testing of certain public school students. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Sections 33.091(b), (d), (e), and (h), Education |
|
Code, are amended to read as follows: |
|
(b) The league shall adopt rules prohibiting a student from |
|
participating in an athletic practice or competition sponsored or |
|
sanctioned by the league unless: |
|
(1) the student agrees not to use steroids and, if the |
|
student is enrolled in high school, the student submits to random |
|
testing for the presence of illegal steroids in the student's body, |
|
in accordance with the program established under Subsection (d); |
|
and |
|
(2) the league obtains from the student's parent a |
|
statement signed by the parent and acknowledging that: |
|
(A) the parent's child, if enrolled in high |
|
school, may be subject to random steroid testing; |
|
(B) state law prohibits possessing, dispensing, |
|
delivering, or administering a steroid in a manner not allowed by |
|
state law; |
|
(C) state law provides that bodybuilding, 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; |
|
(D) only a licensed practitioner with |
|
prescriptive authority may prescribe a steroid for a person; and |
|
(E) 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. |
|
(d) Contingent on and to the extent funded by state |
|
appropriations, the [The] league shall administer [adopt rules for
|
|
the annual administration of] a steroid testing program under which |
|
high school students participating in an athletic practice or |
|
competition sponsored or sanctioned by the league are tested at |
|
multiple times throughout the year for the presence of steroids in |
|
the students' bodies. The testing program must: |
|
(1) to the extent funded, require the random testing |
|
[of a statistically significant number] of high school students in |
|
this state who participate in athletic practices or competitions |
|
sponsored or sanctioned by the league; |
|
(2) provide for the selection of specific students |
|
described by Subdivision (1) for testing through a process that |
|
randomly selects students from a single pool consisting of all |
|
students at a selected school who participate in any activity for |
|
which the league sponsors or sanctions athletic competitions; |
|
(3) be administered at a statistically significant |
|
number [approximately 30 percent] of the high schools in this state |
|
that participate in athletic competitions sponsored or sanctioned |
|
by the league; |
|
(4) provide for a process for confirming any initial |
|
positive test result through a subsequent test conducted as soon as |
|
practicable after the initial test, using a sample that was |
|
obtained at the same time as the sample used for the initial test; |
|
(5) require the testing to be performed only by an |
|
anabolic steroid testing laboratory with a current certification |
|
from the Substance Abuse and Mental Health Services Administration |
|
of the United States Department of Health and Human Services, the |
|
World Anti-Doping Agency, or another appropriate national or |
|
international certifying organization; and |
|
(6) provide for a period of ineligibility from |
|
participation in an athletic practice or competition sponsored or |
|
sanctioned by the league for any student with a confirmed positive |
|
test result or any student who refuses to submit to random testing. |
|
(e) Results of a steroid test conducted under Subsection (d) |
|
are confidential and, unless required by court order, may be |
|
disclosed only to the student and the student's parent, the |
|
superintendent of the school district in which the student attends |
|
school, and the activity directors, principal, and assistant |
|
principals of the school attended by the student. |
|
(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, |
|
on the basis of a documented medical history, and in the course of |
|
professional practice, and a student is not subject to a period of |
|
ineligibility under Subsection (d)(6) on the basis of that steroid |
|
use. |
|
SECTION 2. Section 33.091(g), Education Code, is repealed. |
|
SECTION 3. This Act applies beginning with the 2009-2010 |
|
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, 2009. |