Office of House Bill AnalysisH.B. 3113
By: Uresti
Public Education


Currently, Texas law does not requires school districts to perform random
drug tests on high school student athletes prior to participation in an
extracurricular athletic activity or University Interscholastic League
athletic competition.  H.B. 3113 requires school districts to provide a
drug testing program to test student athletes for the presence of marihuana
or controlled substances in the student's body before and randomly during
each season. 


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


SECTION 1.  Amends Subchapter D, Chapter 33, Education Code, by adding
Section 33.086, as follows: 

Sec. 33.086.  DRUG TESTING PROGRAM.  (a)  Provides that "controlled
substance" and "marihuana" have the meanings assigned by Chapter 481 (Texas
Controlled Substances Act), Health and Safety Code.  Defines "parent." 

(b)  Requires a school district to provide a drug testing program
consistent with this section under which a student who participates in an
extracurricular athletic activity or a University Interscholastic League
(UIL) athletic competition is tested for the presence in the student's body
of marihuana or a controlled substance. 

(c)  Requires a school district to test such a student before the student
participates in the activity or at the beginning of the season of each UIL
athletic competition in which the student participates and randomly during
the activity or season. 

(d)  Provides that a second test must be administered as soon as
practicable if a student tests positive on the first drug test.  Prohibits
the district from taking further action against the student if the
confirmation test result is negative.  Provides that, if the confirmation
test result is positive, the principal must notify and schedule a meeting
with the student's parents and suspend the student from participation in
the activity or competition for the remainder of the season. 

(e)  Provides that a student is permanently prohibited from participating
in any extracurricular athletic activity or UIL competition if the student
is suspended from participation under Subsection (d) three times. 

(f)  Requires the school district to charge the parent of a student
participating in the program a fee to cover the costs of administering the
program and conducting the drug tests. 

(g)  Provides that the results of a drug test conducted under this section
is confidential and may be disclosed only to the student, the student's
parent, the athletic directors, the  principal, and the vice principals of
the school.  Requires a school district providing a drug testing program to
ensure that the student's parent receives test results directly from the
lab analyzing the test or from an appropriate person who is not employed by
the district. 

SECTION 2.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 3.  Emergency clause.