89R5508 RDR-D
By: Talarico H.B. No. 2980
A BILL TO BE ENTITLED
AN ACT
relating to the reporting of a controlled substance overdose
occurring on the campus of a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 38, Education Code, is
amended by adding Section 38.046 to read as follows:
Sec. 38.046. REPORTING OF CONTROLLED SUBSTANCE OVERDOSES.
(a) In this section, "overdose" has the meaning assigned by Section
161.045, Health and Safety Code.
(b) Each school district campus shall report each overdose
that occurs at the campus as soon as practicable after the overdose
occurs to:
(1) the school district; and
(2) the executive commissioner of the Health and Human
Services Commission.
(c) The commissioner and the executive commissioner of the
Health and Human Services Commission jointly shall adopt rules as
necessary to implement this section in a manner that complies with
federal law regarding confidentiality of student medical or
educational information, including the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.) and the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g), and any state law relating to the privacy
of student information.
SECTION 2. This Act takes effect September 1, 2025.