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.