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AN ACT
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relating to random testing of certain high school students for |
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steroid use and training of certain public school employees |
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regarding steroid use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 33.091, Education Code, |
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is amended to read as follows: |
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Sec. 33.091. PREVENTION OF ILLEGAL STEROID USE; RANDOM |
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TESTING. |
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SECTION 2. Section 33.091, Education Code, is amended by |
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amending Subsections (b) and (h) and adding Subsections (c-1), (d), |
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(e), and (f) to read as follows: |
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(b) The league shall adopt rules prohibiting a student from |
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participating in an athletic competition sponsored or sanctioned by |
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the league unless: |
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(1) the student agrees not to use steroids and, if the |
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student is enrolled in high school, the student submits to random |
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testing for the presence of illegal steroids in the student's body, |
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in accordance with the program established under Subsection (d); |
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and |
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(2) the league obtains from the student's parent a |
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statement signed by the parent and acknowledging that: |
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(A) the parent's child, if enrolled in high |
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school, may be subject to random steroid testing; |
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(B) state law prohibits possessing, dispensing, |
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delivering, or administering a steroid in a manner not allowed by |
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state law; |
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(C) [(B)] state law provides that bodybuilding, |
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muscle enhancement, or the increase of muscle bulk or strength |
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through the use of a steroid by a person who is in good health is not |
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a valid medical purpose; |
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(D) [(C)] only a licensed practitioner with |
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prescriptive authority [medical doctor] may prescribe a steroid for |
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a person; and |
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(E) [(D)] a violation of state law concerning |
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steroids is a criminal offense punishable by confinement in jail or |
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imprisonment in the Texas Department of Criminal Justice. |
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(c-1) A school district shall require that each district |
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employee who serves as an athletic coach at or above the seventh |
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grade level for an extracurricular athletic activity sponsored or |
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sanctioned by the league complete: |
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(1) the educational program developed by the league |
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under Subsection (c); or |
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(2) a comparable program developed by the district or |
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a private entity with relevant expertise. |
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(d) The league shall adopt rules for the annual |
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administration of a steroid testing program under which high school |
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students participating in an athletic competition sponsored or |
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sanctioned by the league are tested at multiple times throughout |
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the year for the presence of steroids in the students' bodies. The |
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testing program must: |
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(1) require the random testing of a statistically |
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significant number of high school students in this state who |
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participate in athletic competitions sponsored or sanctioned by the |
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league; |
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(2) provide for the selection of specific students |
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described by Subdivision (1) for testing through a process that |
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randomly selects students from a single pool consisting of all |
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students who participate in any activity for which the league |
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sponsors or sanctions athletic competitions; |
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(3) be administered at approximately 30 percent of the |
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high schools in this state that participate in athletic |
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competitions sponsored or sanctioned by the league; |
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(4) provide for a process for confirming any initial |
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positive test result through a subsequent test conducted as soon as |
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practicable after the initial test, using a sample that was |
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obtained at the same time as the sample used for the initial test; |
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(5) require the testing to be performed only by an |
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anabolic steroid testing laboratory with a current certification |
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from the Substance Abuse and Mental Health Services Administration |
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of the United States Department of Health and Human Services, the |
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World Anti-Doping Agency, or another appropriate national or |
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international certifying organization; and |
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(6) provide for a period of ineligibility from |
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participation in an athletic competition sponsored or sanctioned by |
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the league for any student with a confirmed positive test result or |
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any student who refuses to submit to random testing. |
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(e) Results of a steroid test conducted under Subsection (d) |
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are confidential and, unless required by court order, may be |
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disclosed only to the student and the student's parent and the |
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activity directors, principal, and assistant principals of the |
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school attended by the student. |
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(f) From funds already appropriated, the agency shall pay |
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the costs of the steroid testing program established under |
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Subsection (d). |
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(h) Subsection (b)(1) does not apply to the use by a student |
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of a steroid that is dispensed, prescribed, delivered, and |
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administered by a medical practitioner for a valid medical purpose |
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and in the course of professional practice, and a student is not |
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subject to a period of ineligibility under Subsection (d)(6) on the |
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basis of that steroid use. |
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SECTION 3. The University Interscholastic League shall |
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conduct a study of potential mechanisms for future funding of the |
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steroid testing program required by Section 33.091, Education Code, |
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as amended by this Act. Not later than December 1, 2008, the league |
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shall submit a report of its findings and recommendations for |
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future funding of the program to the legislature. |
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SECTION 4. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 8 passed the Senate on |
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April 10, 2007, by the following vote: Yeas 27, Nays 3; |
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May 24, 2007, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 25, 2007, House |
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granted request of the Senate; May 27, 2007, Senate adopted |
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Conference Committee Report by the following vote: Yeas 27, |
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Nays 3. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 8 passed the House, with |
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amendments, on May 23, 2007, by the following vote: Yeas 139, |
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Nays 6, two present not voting; May 25, 2007, House granted request |
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of the Senate for appointment of Conference Committee; |
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May 28, 2007, House adopted Conference Committee Report by the |
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following vote: Yeas 140, Nays 4, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |