| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to certain drug tests administered to employees and |
|
|
independent contractors of state agencies and political |
|
|
subdivisions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle A, Title 6, Government Code, is amended |
|
|
by adding Chapter 620 to read as follows: |
|
|
CHAPTER 620. DRUG TESTING |
|
|
Sec. 620.001. DEFINITIONS. In this chapter: |
|
|
(1) "Drug test" means a technical analysis of an |
|
|
individual's biological specimen to determine the presence or |
|
|
absence of specified drugs or metabolites. |
|
|
(2) "Peace officer" means a person elected, employed, |
|
|
or appointed as a peace officer under Article 2.12, Code of Criminal |
|
|
Procedure. |
|
|
Sec. 620.002. EXCEPTION. This chapter does not apply to a |
|
|
peace officer who is elected, employed, or appointed by a state |
|
|
agency or political subdivision of this state. |
|
|
Sec. 620.003. PROHIBITED DRUG TESTING. A state agency or a |
|
|
political subdivision of this state may not: |
|
|
(1) establish a drug testing policy that requires an |
|
|
employee or independent contractor of the agency or political |
|
|
subdivision as a condition of employment or contract to submit to a |
|
|
drug test the intent of which is to screen for the presence of |
|
|
tetrahydrocannabinols or cannabidiol indicating the use of |
|
|
marihuana or low-THC cannabis; |
|
|
(2) administer or require the administration to the |
|
|
employee or contractor as a condition of employment or contract of a |
|
|
drug test the intent of which is to screen for the presence of |
|
|
tetrahydrocannabinols or cannabidiol indicating the use of |
|
|
marihuana or low-THC cannabis; or |
|
|
(3) establish for the employee or contractor as a |
|
|
condition of employment or contract a test result that is negative |
|
|
for the presence of tetrahydrocannabinols or cannabidiol. |
|
|
Sec. 620.004. RELIEF AVAILABLE. (a) A person may assert an |
|
|
actual or threatened violation of Section 620.003 as a claim or |
|
|
defense in a judicial or administrative proceeding and obtain: |
|
|
(1) compensatory damages; |
|
|
(2) injunctive relief; |
|
|
(3) declaratory relief; and |
|
|
(4) other appropriate relief, including reasonable |
|
|
attorney's fees. |
|
|
(b) Notwithstanding any other law, a person may commence an |
|
|
action under this section and relief may be granted regardless of |
|
|
whether the person has sought or exhausted available administrative |
|
|
remedies. |
|
|
Sec. 620.005. IMMUNITY WAIVED. A person who alleges a |
|
|
violation of Section 620.003 may sue the governmental entity for |
|
|
the relief provided under Section 620.004. Sovereign or |
|
|
governmental immunity, as applicable, is waived and abolished to |
|
|
the extent of liability for that relief. |
|
|
SECTION 2. The changes in law made by this Act apply only to |
|
|
the administration of a drug testing policy or a drug test on or |
|
|
after the effective date of this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2019. |