HBA-GUM, TYH S.B. 42 76(R)BILL ANALYSIS Office of House Bill AnalysisS.B. 42 By: Shapiro Public Education 5/19/1999 Committee Report (Amended) 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. S.B. 42 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) Defines "controlled substance," "marihuana," and "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. (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. (e) Requires this section to have no effect on any other drug testing program in a school district. SECTION 2. Provides that this Act applies beginning with the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage. EXPLANATION OF AMENDMENTS Amendment No. 1. Modifies SECTION 1 (proposed Section 38.011 (Drug Testing Program), Education Code) to authorize, rather than require, a school district that provides a drug testing 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.