By: Chisum H.B. No. 295 73R108 JD-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to drug testing of applicants for original driver's 1-3 licenses. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Chapter 173, Acts of the 47th Legislature, 1-6 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil 1-7 Statutes), is amended by adding Section 4C to read as follows: 1-8 Sec. 4C. CONTROLLED SUBSTANCE ABUSE TESTING. (a) The 1-9 department may not issue an original driver's license to an 1-10 applicant unless the application is accompanied by evidence of a 1-11 negative test result of a controlled substance abuse test 1-12 administered to the applicant within the 30 days immediately 1-13 preceding the date of the application. 1-14 (b) The evidence of a negative test result of a controlled 1-15 substance abuse test required by this section must be from: 1-16 (1) the department's laboratory; or 1-17 (2) a laboratory accredited for drug testing by the 1-18 National Institute on Drug Abuse. 1-19 (c) An applicant shall bear the cost of the controlled 1-20 substance abuse test required by this section. 1-21 (d) The department shall: 1-22 (1) establish by rule a fee, which may not exceed the 1-23 department's actual costs, for controlled substance abuse tests 1-24 administered by the department's laboratory; and 2-1 (2) adopt other rules and develop forms necessary for 2-2 the administration of this section. 2-3 (e) In this section: 2-4 (1) "Controlled substance" has the meaning assigned by 2-5 Section 481.002, Health and Safety Code. 2-6 (2) "Controlled substance abuse test" means a test 2-7 procedure designed to take and analyze body fluids or materials 2-8 from the body for the purpose of detecting the presence of 2-9 controlled substances. 2-10 (3) "Negative test result" means a test result that 2-11 indicates that a controlled substance is not present in the tested 2-12 sample. 2-13 SECTION 2. This Act takes effect September 1, 1993. The 2-14 change in law made by this Act applies only to a person who applies 2-15 for a driver's license on or after that date. 2-16 SECTION 3. The importance of this legislation and the 2-17 crowded condition of the calendars in both houses create an 2-18 emergency and an imperative public necessity that the 2-19 constitutional rule requiring bills to be read on three several 2-20 days in each house be suspended, and this rule is hereby suspended.