88R14432 AMF-D By: Lujan H.B. No. 4374 A BILL TO BE ENTITLED AN ACT relating to substance abuse awareness programs in public schools and public institutions of higher education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.002(r), Education Code, is amended to read as follows: (r) In adopting the essential knowledge and skills for the health curriculum under Subsection (a)(2)(B), the State Board of Education shall adopt essential knowledge and skills that address the science, risk factors, causes, dangers, consequences, signs, symptoms, and treatment of substance abuse, including the use of illegal drugs, abuse of prescription drugs, abuse of alcohol such as by binge drinking or other excessive drinking resulting in alcohol poisoning, inhaling solvents, and other forms of substance abuse. The agency shall compile a list of evidence-based substance abuse awareness programs from which a school district shall choose a program to use in the district's middle school, junior high school, and high school health curriculum. An evidence-based substance abuse awareness program under this subsection must include instruction regarding the dangers posed by the use of the drug fentanyl. In this subsection, "evidence-based substance abuse awareness program" means a program, practice, or strategy that has been proven to effectively prevent substance abuse among students, as determined by evaluations that are evidence-based. SECTION 2. Subchapter Z, Chapter 51, Education Code, is amended by adding Section 51.9365 to read as follows: Sec. 51.9365. SUBSTANCE ABUSE AWARENESS PROGRAM. (a) In this section: (1) "Evidence-based substance abuse awareness program" means a program, practice, or strategy that has been proven to effectively prevent substance abuse among students, as determined by evaluations that are evidence-based. (2) "Institution of higher education" has the meaning assigned by Section 61.003. (b) Each institution of higher education shall include an evidence-based substance abuse awareness program in the orientation programming provided to incoming students. An evidence-based substance abuse awareness program under this section must include instruction regarding the dangers posed by the use of the drug fentanyl. SECTION 3. (a) Section 28.002(r), Education Code, as amended by this Act, applies beginning with the 2023-2024 school year. (b) Section 51.9365, Education Code, as added by this Act, applies beginning with the 2023-2024 academic year. SECTION 4. 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.