Texas 2023 - 88th Regular

Texas House Bill HB3908 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3908
2	2
3	3
4	4	AN ACT
5	5	relating to fentanyl abuse prevention and drug poisoning awareness
6	6	education in public schools.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. This Act may be cited as Tucker's Law.
9	9	SECTION 2. Section 28.004(c), Education Code, is amended to
10	10	read as follows:
11	11	(c) The local school health advisory council's duties
12	12	include recommending:
13	13	(1) the number of hours of instruction to be provided
14	14	in:
15	15	(A) health education in kindergarten through
16	16	grade eight; and
17	17	(B) if the school district requires health
18	18	education for high school graduation, health education, including
19	19	physical health education and mental health education, in grades 9
20	20	through 12;
21	21	(2) policies, procedures, strategies, and curriculum
22	22	appropriate for specific grade levels designed to prevent physical
23	23	health concerns, including obesity, cardiovascular disease, Type 2
24	24	diabetes, and mental health concerns, including suicide, through
25	25	coordination of:
26	26	(A) health education, which must address
27	27	physical health concerns and mental health concerns to ensure the
28	28	integration of physical health education and mental health
29	29	education;
30	30	(B) physical education and physical activity;
31	31	(C) nutrition services;
32	32	(D) parental involvement;
33	33	(E) instruction on substance abuse prevention;
34	34	(F) school health services, including mental
35	35	health services;
36	36	(G) a comprehensive school counseling program
37	37	under Section 33.005;
38	38	(H) a safe and healthy school environment; and
39	39	(I) school employee wellness;
40	40	(3) appropriate grade levels and methods of
41	41	instruction for human sexuality instruction;
42	42	(4) strategies for integrating the curriculum
43	43	components specified by Subdivision (2) with the following elements
44	44	in a coordinated school health program for the district:
45	45	(A) school health services, including physical
46	46	health services and mental health services, if provided at a campus
47	47	by the district or by a third party under a contract with the
48	48	district;
49	49	(B) a comprehensive school counseling program
50	50	under Section 33.005;
51	51	(C) a safe and healthy school environment; and
52	52	(D) school employee wellness;
53	53	(5) if feasible, joint use agreements or strategies
54	54	for collaboration between the school district and community
55	55	organizations or agencies;
56	56	(6) strategies to increase parental awareness
57	57	regarding:
58	58	(A) risky behaviors and early warning signs of
59	59	suicide risks and behavioral health concerns, including mental
60	60	health disorders and substance use disorders; and
61	61	(B) available community programs and services
62	62	that address risky behaviors, suicide risks, and behavioral health
63	63	concerns;
64	64	(7) appropriate grade levels and curriculum for
65	65	instruction regarding the dangers of opioids, including
66	66	instruction on:
67	67	(A) opioid addiction and abuse, including
68	68	addiction to and abuse of synthetic opioids such as fentanyl; and
69	69	(B) methods of administering an opioid
70	70	antagonist, as defined by Section 483.101, Health and Safety Code;
71	71	and
72	72	(8) appropriate grade levels and curriculum for
73	73	instruction regarding child abuse, family violence, dating
74	74	violence, and sex trafficking, including likely warning signs that
75	75	a child may be at risk for sex trafficking, provided that the local
76	76	school health advisory council's recommendations under this
77	77	subdivision do not conflict with the essential knowledge and skills
78	78	developed by the State Board of Education under this subchapter.
79	79	SECTION 3. Subchapter Z, Chapter 29, Education Code, is
80	80	amended by adding Section 29.9074 to read as follows:
81	81	Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To
82	82	educate students about the dangers posed by the drug fentanyl and
83	83	the risks of fentanyl poisoning, including overdose, the governor
84	84	shall designate a week to be known as Fentanyl Poisoning Awareness
85	85	Week in public schools.
86	86	(b) Fentanyl Poisoning Awareness Week may include
87	87	age-appropriate instruction, including instruction on the
88	88	prevention of the abuse of and addiction to fentanyl, as determined
89	89	by each school district.
90	90	SECTION 4. Subchapter A, Chapter 38, Education Code, is
91	91	amended by adding Section 38.040 to read as follows:
92	92	Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING
93	93	AWARENESS EDUCATION. (a) Each school district shall annually
94	94	provide research-based instruction related to fentanyl abuse
95	95	prevention and drug poisoning awareness to students in grades 6
96	96	through 12.
97	97	(b) The instruction required by this section must include:
98	98	(1) suicide prevention;
99	99	(2) prevention of the abuse of and addiction to
100	100	fentanyl;
101	101	(3) awareness of local school and community resources
102	102	and any processes involved in accessing those resources; and
103	103	(4) health education that includes information about
104	104	substance use and abuse, including youth substance use and abuse.
105	105	(c) The instruction required by this section may be provided
106	106	by an entity or an employee or agent of an entity that is:
107	107	(1) a public or private institution of higher
108	108	education;
109	109	(2) a library;
110	110	(3) a community service organization;
111	111	(4) a religious organization;
112	112	(5) a local public health agency; or
113	113	(6) an organization employing mental health
114	114	professionals.
115	115	SECTION 5. Section 38.351, Education Code, is amended by
116	116	adding Subsection (g-1) to read as follows:
117	117	(g-1) A school district may satisfy a requirement to
118	118	implement a program in the area of substance abuse prevention and
119	119	intervention by providing instruction related to youth substance
120	120	use and abuse education under Section 38.040.
121	121	SECTION 6. This Act applies beginning with the 2023-2024
122	122	school year.
123	123	SECTION 7. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2023.
128	128	______________________________ ______________________________
129	129	President of the Senate Speaker of the House
130	130	I certify that H.B. No. 3908 was passed by the House on May 9,
131	131	2023, by the following vote: Yeas 139, Nays 3, 2 present, not
132	132	voting; and that the House concurred in Senate amendments to H.B.
133	133	No. 3908 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
134	134	2 present, not voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	I certify that H.B. No. 3908 was passed by the Senate, with
138	138	amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
139	139	0.
140	140	______________________________
141	141	Secretary of the Senate
142	142	APPROVED: __________________
143	143	Date
144	144	__________________
145	145	Governor