88R25003 AMF-F
 
  By: Wilson H.B. No. 3908
 
  Substitute the following for H.B. No. 3908:
 
  By:  Buckley C.S.H.B. No. 3908
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to fentanyl abuse prevention and drug poisoning awareness
  education in public schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as Tucker's Law.
         SECTION 2.  Subchapter Z, Chapter 29, Education Code, is
  amended by adding Section 29.9074 to read as follows:
         Sec. 29.9074.  FENTANYL POISONING AWARENESS WEEK. (a)  To
  educate students about the dangers posed by the drug fentanyl and
  the risks of fentanyl poisoning, including overdose, the governor
  shall designate a week to be known as Fentanyl Poisoning Awareness
  Week in public schools.
         (b)  Fentanyl Poisoning Awareness Week may include
  age-appropriate instruction, including instruction on the
  prevention of the abuse of and addiction to fentanyl, as determined
  by each school district. 
         SECTION 3.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.040 to read as follows:
         Sec. 38.040.  FENTANYL ABUSE PREVENTION AND DRUG POISONING
  AWARENESS EDUCATION. (a) Each school district shall annually
  provide research-based instruction related to fentanyl abuse
  prevention and drug poisoning awareness to students in grades 6
  through 12.
         (b)  The instruction required by this section must include:
               (1)  suicide prevention;
               (2)  prevention of the abuse of and addiction to
  fentanyl;
               (3)  awareness of local school and community resources
  and any processes involved in accessing those resources; and
               (4)  health education that includes information about
  substance use and abuse, including youth substance use and abuse.
         (c)  The instruction required by this section may be provided
  by an entity or an employee or agent of an entity that is: 
               (1)  a public or private institution of higher
  education;
               (2)  a library;
               (3)  a community service organization;
               (4)  a religious organization;
               (5)  a local public health agency; or
               (6)  an organization employing mental health
  professionals.
         SECTION 4.  Section 38.351, Education Code, is amended by
  adding Subsection (g-1) to read as follows:
         (g-1)  A school district may satisfy a requirement to
  implement a program in the area of substance abuse prevention and
  intervention by providing instruction related to youth substance
  use and abuse education under Section 38.040. 
         SECTION 5.  This Act applies beginning with the 2023-2024
  school year.
         SECTION 6.  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, 2023.