H.B. No. 3908

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