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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of a controlled substance overdose |
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occurring on the campus of a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.046 to read as follows: |
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Sec. 38.046. REPORTING OF CONTROLLED SUBSTANCE OVERDOSES. |
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(a) In this section, "overdose" has the meaning assigned by Section |
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161.045, Health and Safety Code. |
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(b) Each school district campus shall report each overdose |
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that occurs at the campus as soon as practicable after the overdose |
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occurs to: |
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(1) the school district; and |
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(2) the executive commissioner of the Health and Human |
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Services Commission. |
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(c) The commissioner and the executive commissioner of the |
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Health and Human Services Commission jointly shall adopt rules as |
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necessary to implement this section in a manner that complies with |
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federal law regarding confidentiality of student medical or |
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educational information, including the Health Insurance |
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Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d |
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et seq.) and the Family Educational Rights and Privacy Act of 1974 |
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(20 U.S.C. Section 1232g), and any state law relating to the privacy |
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of student information. |
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SECTION 2. This Act takes effect September 1, 2025. |