HBA-MPM, GUM H.B. 3420 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3420
By: Maxey
Public Education
7/19/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th State Legislature, there was no law governing the sale or
endorsement of dietary supplements by school personnel to a student.  Many
substances categorized as dietary supplements under the federal Dietary
Supplement and Health Education Act of 1994 are not regulated by the United
States Food and Drug Administration (FDA).  Currently, there is no
requirement that a dietary supplement's effectiveness or potential side
effects be researched.  Some Texas high school coaches have encouraged the
use of dietary supplements, such as creatine, by their athletes, and may
have in fact sold the supplements to the athletes.  H.B. 3420 prohibits the
sale, distribution, and endorsement of a dietary supplement that contains
performance enhancing compounds to a primary or secondary student by a
school district employee, except when the student is the employee's child
or as part of activities that are entirely separate from any aspect of the
person's school district employment.  This bill also provides that a person
who violates the aforementioned prohibition commits a Class C misdemeanor. 

RULEMAKING AUTHORITY

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 BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 38, Education Code, by adding Section 38.011, as
follows: 

Sec.  38.011.  DIETARY SUPPLEMENTS.  (a)  Prohibits a school district
employee from knowingly selling, marketing, or distributing a dietary
supplement that contains performance enhancing compounds (dietary
supplement) to a primary or secondary education student (student) with whom
the employee has contact as part of the employee's school district duties;
or knowingly endorsing or suggesting the ingestion, intranasal application,
or inhalation of a dietary supplement by a student with whom the employee
has contact as part of the employee's school district duties. 

(b)  Provides that this section does not prohibit a school district
employee from providing or endorsing a dietary supplement to, or suggesting
the ingestion, intranasal application, or inhalation of a dietary
supplement by the employee's child; or selling, marketing, or distributing
a dietary supplement to, or endorsing or suggesting the use of a dietary
supplement by, a student as part of activities that are entirely separate
from any aspect of the school district as provided by this subsection. 

(c)  Provides that a person who violates this section commits a Class C
misdemeanor. 

(d)  Defines "dietary supplement" and "performance enhancing compound."

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.