Texas 2011 82nd Regular

Texas House Bill HB3009 Introduced / Bill

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                    82R10247 CAS-D
 By: Bonnen H.B. No. 3009


 A BILL TO BE ENTITLED
 AN ACT
 relating to removal of the requirements concerning random testing
 for illegal steroids of high school students participating in
 athletic competitions sponsored or sanctioned by the University
 Interscholastic League.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  The heading to Section 33.091, Education Code,
 is amended to read as follows:
 Sec. 33.091.  PREVENTION OF ILLEGAL STEROID USE[; RANDOM
 TESTING].
 SECTION 2.  Sections 33.091(b) and (h), Education Code, are
 amended to read as follows:
 (b)  The league shall adopt rules prohibiting a student from
 participating in an athletic 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;
 (B) [(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;
 (C) [(D)]  only a licensed practitioner with
 prescriptive authority may prescribe a steroid for a person; and
 (D) [(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.
 (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
 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 3.  Sections 33.091(d), (e), and (f), Education
 Code, are repealed.
 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, 2011.