Texas 2009 - 81st Regular

Texas House Bill HB3199 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9825 CAS-F
2	2	By: Flynn H.B. No. 3199
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to steroid testing of certain public school students.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Sections 33.091(b), (d), (e), and (h), Education
10	10	Code, are amended to read as follows:
11	11	(b) The league shall adopt rules prohibiting a student from
12	12	participating in an athletic practice or competition sponsored or
13	13	sanctioned by the league unless:
14	14	(1) the student agrees not to use steroids and, if the
15	15	student is enrolled in high school, the student submits to random
16	16	testing for the presence of illegal steroids in the student's body,
17	17	in accordance with the program established under Subsection (d);
18	18	and
19	19	(2) the league obtains from the student's parent a
20	20	statement signed by the parent and acknowledging that:
21	21	(A) the parent's child, if enrolled in high
22	22	school, may be subject to random steroid testing;
23	23	(B) state law prohibits possessing, dispensing,
24	24	delivering, or administering a steroid in a manner not allowed by
25	25	state law;
26	26	(C) state law provides that bodybuilding, muscle
27	27	enhancement, or the increase of muscle bulk or strength through the
28	28	use of a steroid by a person who is in good health is not a valid
29	29	medical purpose;
30	30	(D) only a licensed practitioner with
31	31	prescriptive authority may prescribe a steroid for a person; and
32	32	(E) a violation of state law concerning steroids
33	33	is a criminal offense punishable by confinement in jail or
34	34	imprisonment in the Texas Department of Criminal Justice.
35	35	(d) Contingent on and to the extent funded by state
36	36	appropriations, the [The] league shall administer [adopt rules for
37	37	the annual administration of] a steroid testing program under which
38	38	high school students participating in an athletic practice or
39	39	competition sponsored or sanctioned by the league are tested at
40	40	multiple times throughout the year for the presence of steroids in
41	41	the students' bodies. The testing program must:
42	42	(1) to the extent funded, require the random testing
43	43	[of a statistically significant number] of high school students in
44	44	this state who participate in athletic practices or competitions
45	45	sponsored or sanctioned by the league;
46	46	(2) provide for the selection of specific students
47	47	described by Subdivision (1) for testing through a process that
48	48	randomly selects students from a single pool consisting of all
49	49	students at a selected school who participate in any activity for
50	50	which the league sponsors or sanctions athletic competitions;
51	51	(3) be administered at a statistically significant
52	52	number [approximately 30 percent] of the high schools in this state
53	53	that participate in athletic competitions sponsored or sanctioned
54	54	by the league;
55	55	(4) provide for a process for confirming any initial
56	56	positive test result through a subsequent test conducted as soon as
57	57	practicable after the initial test, using a sample that was
58	58	obtained at the same time as the sample used for the initial test;
59	59	(5) require the testing to be performed only by an
60	60	anabolic steroid testing laboratory with a current certification
61	61	from the Substance Abuse and Mental Health Services Administration
62	62	of the United States Department of Health and Human Services, the
63	63	World Anti-Doping Agency, or another appropriate national or
64	64	international certifying organization; and
65	65	(6) provide for a period of ineligibility from
66	66	participation in an athletic practice or competition sponsored or
67	67	sanctioned by the league for any student with a confirmed positive
68	68	test result or any student who refuses to submit to random testing.
69	69	(e) Results of a steroid test conducted under Subsection (d)
70	70	are confidential and, unless required by court order, may be
71	71	disclosed only to the student and the student's parent, the
72	72	superintendent of the school district in which the student attends
73	73	school, and the activity directors, principal, and assistant
74	74	principals of the school attended by the student.
75	75	(h) Subsection (b)(1) does not apply to the use by a student
76	76	of a steroid that is dispensed, prescribed, delivered, and
77	77	administered by a medical practitioner for a valid medical purpose,
78	78	on the basis of a documented medical history, and in the course of
79	79	professional practice, and a student is not subject to a period of
80	80	ineligibility under Subsection (d)(6) on the basis of that steroid
81	81	use.
82	82	SECTION 2. Section 33.091(g), Education Code, is repealed.
83	83	SECTION 3. This Act applies beginning with the 2009-2010
84	84	school year.
85	85	SECTION 4. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2009.