Texas 2015 84th Regular

Texas House Bill HB1498 Introduced / Bill

Filed 02/16/2015

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                    84R1976 PAM-D
 By: Davis of Harris H.B. No. 1498


 A BILL TO BE ENTITLED
 AN ACT
 relating to student use of sunscreen products in public schools.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter A, Chapter 38, Education Code, is
 amended by adding Section 38.021 to read as follows:
 Sec. 38.021.  USE OF SUNSCREEN PRODUCTS. (a) A student may
 possess and use a topical sunscreen product while on school
 property or at a school-related event or activity to avoid
 overexposure to the sun and not for the medical treatment of an
 injury or illness if the product is approved by the federal Food and
 Drug Administration for over-the-counter use.
 (b)  School personnel may assist an elementary school
 student in applying a topical sunscreen product if the school has
 received a written request from the student's parent or person
 standing in parental relation to the student requesting school
 personnel to assist the student in applying the product.  This
 subsection does not require school personnel to assist a student in
 applying a topical sunscreen product.
 (c)  This section does not:
 (1)  waive any immunity from liability of a school
 district, its board of trustees, or its employees; or
 (2)  create any liability for or a cause of action
 against a school district, its board of trustees, or its employees.
 SECTION 2.  This Act applies beginning with the 2015-2016
 school year.
 SECTION 3.  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, 2015.