S.B. No. 8

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