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AN ACT
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relating to fentanyl abuse prevention and drug poisoning awareness |
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education in public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as Tucker's Law. |
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SECTION 2. Section 28.004(c), Education Code, is amended to |
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read as follows: |
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(c) The local school health advisory council's duties |
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include recommending: |
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(1) the number of hours of instruction to be provided |
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in: |
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(A) health education in kindergarten through |
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grade eight; and |
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(B) if the school district requires health |
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education for high school graduation, health education, including |
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physical health education and mental health education, in grades 9 |
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through 12; |
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(2) policies, procedures, strategies, and curriculum |
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appropriate for specific grade levels designed to prevent physical |
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health concerns, including obesity, cardiovascular disease, Type 2 |
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diabetes, and mental health concerns, including suicide, through |
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coordination of: |
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(A) health education, which must address |
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physical health concerns and mental health concerns to ensure the |
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integration of physical health education and mental health |
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education; |
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(B) physical education and physical activity; |
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(C) nutrition services; |
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(D) parental involvement; |
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(E) instruction on substance abuse prevention; |
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(F) school health services, including mental |
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health services; |
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(G) a comprehensive school counseling program |
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under Section 33.005; |
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(H) a safe and healthy school environment; and |
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(I) school employee wellness; |
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(3) appropriate grade levels and methods of |
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instruction for human sexuality instruction; |
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(4) strategies for integrating the curriculum |
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components specified by Subdivision (2) with the following elements |
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in a coordinated school health program for the district: |
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(A) school health services, including physical |
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health services and mental health services, if provided at a campus |
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by the district or by a third party under a contract with the |
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district; |
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(B) a comprehensive school counseling program |
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under Section 33.005; |
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(C) a safe and healthy school environment; and |
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(D) school employee wellness; |
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(5) if feasible, joint use agreements or strategies |
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for collaboration between the school district and community |
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organizations or agencies; |
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(6) strategies to increase parental awareness |
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regarding: |
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(A) risky behaviors and early warning signs of |
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suicide risks and behavioral health concerns, including mental |
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health disorders and substance use disorders; and |
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(B) available community programs and services |
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that address risky behaviors, suicide risks, and behavioral health |
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concerns; |
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(7) appropriate grade levels and curriculum for |
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instruction regarding the dangers of opioids, including |
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instruction on: |
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(A) opioid addiction and abuse, including |
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addiction to and abuse of synthetic opioids such as fentanyl; and |
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(B) methods of administering an opioid |
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antagonist, as defined by Section 483.101, Health and Safety Code; |
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and |
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(8) appropriate grade levels and curriculum for |
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instruction regarding child abuse, family violence, dating |
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violence, and sex trafficking, including likely warning signs that |
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a child may be at risk for sex trafficking, provided that the local |
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school health advisory council's recommendations under this |
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subdivision do not conflict with the essential knowledge and skills |
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developed by the State Board of Education under this subchapter. |
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SECTION 3. Subchapter Z, Chapter 29, Education Code, is |
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amended by adding Section 29.9074 to read as follows: |
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Sec. 29.9074. FENTANYL POISONING AWARENESS WEEK. (a) To |
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educate students about the dangers posed by the drug fentanyl and |
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the risks of fentanyl poisoning, including overdose, the governor |
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shall designate a week to be known as Fentanyl Poisoning Awareness |
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Week in public schools. |
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(b) Fentanyl Poisoning Awareness Week may include |
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age-appropriate instruction, including instruction on the |
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prevention of the abuse of and addiction to fentanyl, as determined |
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by each school district. |
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SECTION 4. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.040 to read as follows: |
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Sec. 38.040. FENTANYL ABUSE PREVENTION AND DRUG POISONING |
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AWARENESS EDUCATION. (a) Each school district shall annually |
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provide research-based instruction related to fentanyl abuse |
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prevention and drug poisoning awareness to students in grades 6 |
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through 12. |
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(b) The instruction required by this section must include: |
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(1) suicide prevention; |
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(2) prevention of the abuse of and addiction to |
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fentanyl; |
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(3) awareness of local school and community resources |
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and any processes involved in accessing those resources; and |
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(4) health education that includes information about |
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substance use and abuse, including youth substance use and abuse. |
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(c) The instruction required by this section may be provided |
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by an entity or an employee or agent of an entity that is: |
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(1) a public or private institution of higher |
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education; |
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(2) a library; |
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(3) a community service organization; |
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(4) a religious organization; |
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(5) a local public health agency; or |
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(6) an organization employing mental health |
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professionals. |
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SECTION 5. Section 38.351, Education Code, is amended by |
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adding Subsection (g-1) to read as follows: |
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(g-1) A school district may satisfy a requirement to |
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implement a program in the area of substance abuse prevention and |
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intervention by providing instruction related to youth substance |
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use and abuse education under Section 38.040. |
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SECTION 6. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 7. 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, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3908 was passed by the House on May 9, |
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2023, by the following vote: Yeas 139, Nays 3, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3908 on May 25, 2023, by the following vote: Yeas 140, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3908 was passed by the Senate, with |
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amendments, on May 23, 2023, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |