84R1976 PAM-D
 
  By: Davis of Harris H.B. No. 1498
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to student use of sunscreen products in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.021 to read as follows:
         Sec. 38.021.  USE OF SUNSCREEN PRODUCTS. (a) A student may
  possess and use a topical sunscreen product while on school
  property or at a school-related event or activity to avoid
  overexposure to the sun and not for the medical treatment of an
  injury or illness if the product is approved by the federal Food and
  Drug Administration for over-the-counter use.
         (b)  School personnel may assist an elementary school
  student in applying a topical sunscreen product if the school has
  received a written request from the student's parent or person
  standing in parental relation to the student requesting school
  personnel to assist the student in applying the product.  This
  subsection does not require school personnel to assist a student in
  applying a topical sunscreen product.
         (c)  This section does not:
               (1)  waive any immunity from liability of a school
  district, its board of trustees, or its employees; or
               (2)  create any liability for or a cause of action
  against a school district, its board of trustees, or its employees.
         SECTION 2.  This Act applies beginning with the 2015-2016
  school year.
         SECTION 3.  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, 2015.