H.B. No. 3908
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. Section 28.004(c), Education Code, is amended to
read as follows:
(c) The local school health advisory council's duties
include recommending:
(1) the number of hours of instruction to be provided
in:
(A) health education in kindergarten through
grade eight; and
(B) if the school district requires health
education for high school graduation, health education, including
physical health education and mental health education, in grades 9
through 12;
(2) policies, procedures, strategies, and curriculum
appropriate for specific grade levels designed to prevent physical
health concerns, including obesity, cardiovascular disease, Type 2
diabetes, and mental health concerns, including suicide, through
coordination of:
(A) health education, which must address
physical health concerns and mental health concerns to ensure the
integration of physical health education and mental health
education;
(B) physical education and physical activity;
(C) nutrition services;
(D) parental involvement;
(E) instruction on substance abuse prevention;
(F) school health services, including mental
health services;
(G) a comprehensive school counseling program
under Section 33.005;
(H) a safe and healthy school environment; and
(I) school employee wellness;
(3) appropriate grade levels and methods of
instruction for human sexuality instruction;
(4) strategies for integrating the curriculum
components specified by Subdivision (2) with the following elements
in a coordinated school health program for the district:
(A) school health services, including physical
health services and mental health services, if provided at a campus
by the district or by a third party under a contract with the
district;
(B) a comprehensive school counseling program
under Section 33.005;
(C) a safe and healthy school environment; and
(D) school employee wellness;
(5) if feasible, joint use agreements or strategies
for collaboration between the school district and community
organizations or agencies;
(6) strategies to increase parental awareness
regarding:
(A) risky behaviors and early warning signs of
suicide risks and behavioral health concerns, including mental
health disorders and substance use disorders; and
(B) available community programs and services
that address risky behaviors, suicide risks, and behavioral health
concerns;
(7) appropriate grade levels and curriculum for
instruction regarding the dangers of opioids, including
instruction on:
(A) opioid addiction and abuse, including
addiction to and abuse of synthetic opioids such as fentanyl; and
(B) methods of administering an opioid
antagonist, as defined by Section 483.101, Health and Safety Code;
and
(8) appropriate grade levels and curriculum for
instruction regarding child abuse, family violence, dating
violence, and sex trafficking, including likely warning signs that
a child may be at risk for sex trafficking, provided that the local
school health advisory council's recommendations under this
subdivision do not conflict with the essential knowledge and skills
developed by the State Board of Education under this subchapter.
SECTION 3. 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 4. 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 5. 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 6. This Act applies beginning with the 2023-2024
school year.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3908 was passed by the House on May 9,
2023, by the following vote: Yeas 139, Nays 3, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3908 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3908 was passed by the Senate, with
amendments, on May 23, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor