| 1 | 1 | | 84R1976 PAM-D |
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| 2 | 2 | | By: Davis of Harris H.B. No. 1498 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to student use of sunscreen products in public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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| 10 | 10 | | amended by adding Section 38.021 to read as follows: |
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| 11 | 11 | | Sec. 38.021. USE OF SUNSCREEN PRODUCTS. (a) A student may |
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| 12 | 12 | | possess and use a topical sunscreen product while on school |
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| 13 | 13 | | property or at a school-related event or activity to avoid |
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| 14 | 14 | | overexposure to the sun and not for the medical treatment of an |
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| 15 | 15 | | injury or illness if the product is approved by the federal Food and |
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| 16 | 16 | | Drug Administration for over-the-counter use. |
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| 17 | 17 | | (b) School personnel may assist an elementary school |
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| 18 | 18 | | student in applying a topical sunscreen product if the school has |
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| 19 | 19 | | received a written request from the student's parent or person |
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| 20 | 20 | | standing in parental relation to the student requesting school |
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| 21 | 21 | | personnel to assist the student in applying the product. This |
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| 22 | 22 | | subsection does not require school personnel to assist a student in |
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| 23 | 23 | | applying a topical sunscreen product. |
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| 24 | 24 | | (c) This section does not: |
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| 25 | 25 | | (1) waive any immunity from liability of a school |
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| 26 | 26 | | district, its board of trustees, or its employees; or |
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| 27 | 27 | | (2) create any liability for or a cause of action |
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| 28 | 28 | | against a school district, its board of trustees, or its employees. |
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| 29 | 29 | | SECTION 2. This Act applies beginning with the 2015-2016 |
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| 30 | 30 | | school year. |
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| 31 | 31 | | SECTION 3. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2015. |
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