88R25003 AMF-F     By: Wilson H.B. No. 3908     Substitute the following for H.B. No. 3908:     By:  Buckley C.S.H.B. No. 3908       A BILL TO BE ENTITLED   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.  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 3.  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 4.  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 5.  This Act applies beginning with the 2023-2024   school year.          SECTION 6.  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.