81R9825 CAS-F
By: Flynn H.B. No. 3199
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.