H.B. No. 3908         AN ACT   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