HBA-JRA H.B. 1195 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1195
By: Hodge
Public Education
4/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, there is no system in Texas to facilitate parents' awareness of
their child's possible drug use.  A voluntary, random drug testing program
at school may assist parents by making them aware of their child's possible
drug use and may act as a deterrent to drug use by teenagers.  H.B. 1195
authorizes school districts to establish voluntary, random drug testing
programs. 

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.  DRUG TESTING PROGRAM.  (a)  Establishes that "controlled
substance" and "marihuana" have the meanings assigned by Chapter 481,
Health and Safety Code (Texas Controlled Substances Act), and defines
"parent." 

(b)  Authorizes a school district to provide a drug testing program under
which a student, at the request of the student's parent, is randomly tested
for the presence of marihuana or a controlled substance in the student's
body. 

(c)  Requires a school district that provides such a program to charge a
fee to the parent of a student participating in the program to cover the
costs of administering the program and conducting the drug tests. 

(d)  Provides that results of a drug test are confidential and authorizes
their disclosure only to the student and the student's parent, unless
required by court order.  Requires a school district providing a drug
testing program to ensure that the student's parent receives the test
results directly from the lab analyzing the test or from an appropriate
person who is not employed by the district. 

SECTION 2.  Makes application of this Act prospective to the 1999-2000
school year. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.