HBA-GUM C.S.H.B. 3420 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3420
By: Maxey
Public Education
4/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, there is no law governing the sale or endorsement of dietary
supplements by school personnel to a student.  Many substances categorized
as dietary supplements under the federal Dietary Supplement and Health
Education Act of 1994 are not regulated by the United States Food and Drug
Administration (FDA).  There is no requirement that a dietary supplement's
effectiveness or potential side effects be researched.  Some Texas high
school coaches have encouraged the use of dietary supplements, such as
creatine, by their athletes, and may have in fact sold the supplements to
the athletes.  C.S.H.B. 3420 prohibits the sale, distribution, and
endorsement of a dietary supplement that contains performance enhancing
compounds to a primary or secondary student by a school district employee,
except when the student is the employee's child or as part of activities
that are entirely separate from any aspect of the person's school district
employment.  This substitute also provides that a person who violates the
aforementioned prohibition commits a Class C misdemeanor. 

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.  DIETARY SUPPLEMENTS.  (a)  Prohibits a school district
employee from knowingly selling, marketing, or distributing a dietary
supplement that contains performance enhancing compounds (dietary
supplement) to a primary or secondary education student (student) with whom
the employee has contact as part of the employee's school district duties;
or knowingly endorses or suggests the ingestion, intra-nasal application,
or inhalation of a dietary supplement by student with whom the employee has
contact as part of the employee's school district duties. 

(b)  Provides that this section does not prohibit a school district
employee from providing or endorsing a dietary supplement, or suggesting
the ingestion, intra-nasal application, or inhalation of a dietary
supplement to the employee's child; or selling, marketing, or distributing
a dietary supplement to, or endorsing or suggesting the use of a dietary
supplement by, a student as part of activities that are entirely separate
from any aspect of the school district as provided by this subsection. 

(c)  Provides that a person who violates this section commits a Class C
misdemeanor. 

(d)  Defines "dietary supplement" and "performance enhancing compound."

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.


 COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies SECTION 1 (proposed Section 38.011, Education Code)
of the original to conform to Legislative Council format and to clarify
language in the proposed Act.  The substitute qualifies the substances
affected by this Act as those containing performance enhancing compounds.
In proposed Subsection (a), the substitute specifies that a school district
employee may not knowingly engage in certain actions, and specifically
prohibits the knowing endorsement or suggestion of intra-nasal application
or inhalation of a dietary supplement.  As modified, Section 38.011
includes language in new Subsection (b) to provide that the section does
not apply to a school district employee when the employee is dealing with
his or her own children, or an employee's activities when the activities
are entirely unrelated to the school district.  The substitute also adds
new Subsection (o) to provide that a violation of Section 38.011 is a Class
C misdemeanor. New Subsection (d) is redesignated from SECTION 1 of the
original, and adds a definition for "performance enhancing compound." 

The substitute redesignates SECTIONS 3 (effective date) and 4 (emergency
clause) of the original to new SECTIONS 2 and 3, respectively.