By: Wilson, Garcia (Senate Sponsor - Creighton) H.B. No. 3908
(In the Senate - Received from the House May 10, 2023;
May 11, 2023, read first time and referred to Committee on
Education; May 21, 2023, reported favorably by the following vote:
Yeas 11, Nays 0; May 21, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to fentanyl abuse prevention and drug poisoning awareness
education in public schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as Tucker's Law.
SECTION 2. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9074 to read as follows:
Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
educate students about the dangers posed by the drug fentanyl and
the risks of fentanyl poisoning, including overdose, the governor
shall designate a week to be known as Fentanyl Poisoning Awareness
Week in public schools.
(b) Fentanyl Poisoning Awareness Week may include
age-appropriate instruction, including instruction on the
prevention of the abuse of and addiction to fentanyl, as determined
by each school district.
SECTION 3. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.040 to read as follows:
Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
AWARENESS EDUCATION. (a) Each school district shall annually
provide research-based instruction related to fentanyl abuse
prevention and drug poisoning awareness to students in grades 6
through 12.
(b) The instruction required by this section must include:
(1) suicide prevention;
(2) prevention of the abuse of and addiction to
fentanyl;
(3) awareness of local school and community resources
and any processes involved in accessing those resources; and
(4) health education that includes information about
substance use and abuse, including youth substance use and abuse.
(c) The instruction required by this section may be provided
by an entity or an employee or agent of an entity that is:
(1) a public or private institution of higher
education;
(2) a library;
(3) a community service organization;
(4) a religious organization;
(5) a local public health agency; or
(6) an organization employing mental health
professionals.
SECTION 4. Section 38.351, Education Code, is amended by
adding Subsection (g-1) to read as follows:
(g-1) A school district may satisfy a requirement to
implement a program in the area of substance abuse prevention and
intervention by providing instruction related to youth substance
use and abuse education under Section 38.040.
SECTION 5. This Act applies beginning with the 2023-2024
school year.
SECTION 6. 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, 2023.
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