82R10247 CAS-D
 
  By: Bonnen H.B. No. 3009
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to removal of the requirements concerning random testing
  for illegal steroids of high school students participating in
  athletic competitions sponsored or sanctioned by the University
  Interscholastic League.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 33.091, Education Code,
  is amended to read as follows:
         Sec. 33.091.  PREVENTION OF ILLEGAL STEROID USE[; RANDOM
  TESTING].
         SECTION 2.  Sections 33.091(b) and (h), Education Code, are
  amended to read as follows:
         (b)  The league shall adopt rules prohibiting a student from
  participating in an athletic competition sponsored or sanctioned by
  the league unless:
               (1)  the student agrees not to use steroids [and, if the
  student is enrolled in high school, the student submits to random
  testing for the presence of illegal steroids in the student's body,
  in accordance with the program established under Subsection (d)];
  and
               (2)  the league obtains from the student's parent a
  statement signed by the parent and acknowledging that:
                     (A)  [the parent's child, if enrolled in high
  school, may be subject to random steroid testing;
                     [(B)]  state law prohibits possessing,
  dispensing, delivering, or administering a steroid in a manner not
  allowed by state law;
                     (B) [(C)]  state law provides that bodybuilding,
  muscle enhancement, or the increase of muscle bulk or strength
  through the use of a steroid by a person who is in good health is not
  a valid medical purpose;
                     (C) [(D)]  only a licensed practitioner with
  prescriptive authority may prescribe a steroid for a person; and
                     (D) [(E)]  a violation of state law concerning
  steroids is a criminal offense punishable by confinement in jail or
  imprisonment in the Texas Department of Criminal Justice.
         (h)  Subsection (b)(1) does not apply to the use by a student
  of a steroid that is dispensed, prescribed, delivered, and
  administered by a medical practitioner for a valid medical purpose
  and in the course of professional practice[, and a student is not
  subject to a period of ineligibility under Subsection (d)(6) on the
  basis of that steroid use].
         SECTION 3.  Sections 33.091(d), (e), and (f), Education
  Code, are repealed.
         SECTION 4.  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, 2011.