Texas 2023 88th Regular

Texas House Bill HB3908 Comm Sub / Bill

Filed 05/03/2023

                    88R25003 AMF-F
 By: Wilson H.B. No. 3908
 Substitute the following for H.B. No. 3908:
 By:  Buckley C.S.H.B. No. 3908


 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.