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.