Bill Text: TX HB3908 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to fentanyl abuse prevention and drug poisoning awareness education in public schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-17 - Effective immediately [HB3908 Detail]
Download: Texas-2023-HB3908-Enrolled.html
H.B. No. 3908 |
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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 |