By:  Delisi                                           H.B. No. 2314
       73R4615 SMH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to drug testing policies and drug programs for state
    1-3  employees.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 110A, Revised Statutes, is amended by
    1-6  adding Article 6252-9g to read as follows:
    1-7        Art. 6252-9g.  SUBSTANCE ABUSE POLICY
    1-8        Sec. 1.  PURPOSES.  This article is intended to:
    1-9              (1)  develop a drug-free and alcohol-free workplace
   1-10  that will help ensure a safe, healthy, efficient, and productive
   1-11  work environment for all state agency personnel, visitors, and
   1-12  others having contact with state agencies;
   1-13              (2)  protect state property and assets; and
   1-14              (3)  assure that state agency operations are consistent
   1-15  with state and federal laws and standards relating to substance
   1-16  abuse.
   1-17        Sec. 2.  DEFINITIONS.  In this article:
   1-18              (1)  "State agency" means:
   1-19                    (A)  a department, commission, board, office, or
   1-20  other agency in the executive branch of state government created by
   1-21  the constitution or a statute of this state, including a university
   1-22  system or an institution of higher education as defined by Section
   1-23  61.003, Education Code, other than a public junior college;
   1-24                    (B)  the legislature or a department, commission,
    2-1  board, office, or other agency in the legislative branch of state
    2-2  government created by the constitution or a statute of this state;
    2-3  or
    2-4                    (C)  the supreme court, the court of criminal
    2-5  appeals, a court of appeals, or a department, commission, board,
    2-6  office, or other agency in the judicial branch of state government
    2-7  created by the constitution or a statute of this state.
    2-8              (2)  "State agency employee" means a person who is
    2-9  employed by a state agency.  The term does not include an elected
   2-10  or appointed officer.
   2-11              (3)  "Department" means the Texas Department of Health.
   2-12        Sec. 3.  ADMINISTRATION.  (a)  The department shall
   2-13  administer this article.
   2-14        (b)  The department may contract with any appropriate person
   2-15  to assist in the administration of this article.
   2-16        (c)  The department shall determine the abusable substances
   2-17  for which testing is administered under this article and the
   2-18  testing levels for those substances as the department determines is
   2-19  necessary to carry out the purposes of this article.  For purposes
   2-20  of this article, an abusable substance includes any drug or other
   2-21  substance that may impair the judgment or behavior of a person.
   2-22        (d)  In administering this article, the department shall
   2-23  ensure that the safety, confidentiality, and privacy and other
   2-24  legal rights of all affected persons are adequately protected.  The
   2-25  department shall ensure that all drug testing and other procedures
   2-26  administered under this article comply with applicable state and
   2-27  federal laws and should consider the recommendations of agencies
    3-1  and organizations involved in substance abuse prevention.
    3-2        (e)  The department shall regularly review the policies and
    3-3  procedures adopted under this article to ensure that those policies
    3-4  and procedures:
    3-5              (1)  stay in compliance with this article and
    3-6  applicable state and federal law; and
    3-7              (2)  take into account technical, legal, or other
    3-8  developments relating to substance abuse prevention.
    3-9        Sec. 4.  EMPLOYEE ASSISTANCE PROGRAM.  The department shall
   3-10  provide an employee assistance program to:
   3-11              (1)  educate state agency employees and their families
   3-12  about the dangers of substance abuse in the workplace;
   3-13              (2)  inform state agency employees of the policies and
   3-14  procedures adopted under this article;
   3-15              (3)  provide counseling on substance abuse and related
   3-16  personal problems that affect workplace safety or productivity and
   3-17  related assessment, referral, and assistance;
   3-18              (4)  administer or assist in administering any
   3-19  treatment, rehabilitation, or return-to-work program administered
   3-20  under this article; and
   3-21              (5)  provide training and resource information for
   3-22  supervisors and others relating to the detection, prevention, and
   3-23  treatment of substance abuse and administration of this article.
   3-24        Sec. 5.  PROHIBITION OF CERTAIN CONDUCT.  The department
   3-25  shall adopt a policy to prohibit the following conduct on premises
   3-26  under the control of a state agency:
   3-27              (1)  being under the influence of an abusable
    4-1  substance; or
    4-2              (2)  using, possessing, transferring, or selling
    4-3  drug-related paraphernalia, illegal abusable substances, or other
    4-4  abusable substances when the activity is not authorized by law.
    4-5        Sec. 6.  SANCTIONS.  The department shall adopt uniform
    4-6  sanction policies for persons who violate a policy or procedure
    4-7  adopted under this article or who refuse to cooperate in the
    4-8  administration of procedures authorized by this article.
    4-9        Sec. 7.  DRUG ABUSE POLICY STATEMENT.  Each state agency
   4-10  employee shall execute the following drug abuse policy statement at
   4-11  the time the employee is hired:
   4-12                      DRUG ABUSE POLICY STATEMENT
   4-13              (State agency name) is committed to providing a
   4-14        safe work environment and to fostering the well-being
   4-15        and health of its employees.  That commitment is
   4-16        jeopardized when any (state agency name) employee
   4-17        illegally uses drugs on the job, comes to work under
   4-18        their influence, or possesses, distributes, or sells
   4-19        drugs in the workplace.  Therefore, (state agency name)
   4-20        has established the following policy:
   4-21                    (1)  It is a violation of agency policy for
   4-22                          any employee to possess, sell, trade,
   4-23                          or offer for sale illegal drugs or
   4-24                          otherwise engage in the illegal use
   4-25                          of drugs on the job.
   4-26                    (2)  It is a violation of agency policy for
   4-27                          anyone to report to work under the
    5-1                          influence of illegal drugs.
    5-2                    (3)  It is a violation of agency policy for
    5-3                          anyone to use prescription drugs
    5-4                          illegally.  (However, nothing in this
    5-5                          policy precludes the appropriate use
    5-6                          of legally prescribed medications.)
    5-7                    (4)  Violations of this policy are subject
    5-8                          to disciplinary action up to and
    5-9                          including termination.
   5-10              It is the responsibility of the agency's
   5-11        supervisors to counsel employees whenever they see
   5-12        changes in performance or behavior that suggest the
   5-13        employees have a drug problem.  Although it is not the
   5-14        supervisor's job to diagnose personal problems, the
   5-15        supervisor should encourage the employees to seek help
   5-16        and advise them about available resources for getting
   5-17        help.  Everyone shares responsibility for maintaining a
   5-18        safe work environment, and coworkers should encourage
   5-19        anyone who may have a drug problem to seek help.
   5-20              The goal of this policy is to balance our respect
   5-21        for individuals with the need to maintain a safe,
   5-22        productive, and drug-free environment.  The intent of
   5-23        this policy is to offer a helping hand to those who
   5-24        need it, while sending a clear message that the illegal
   5-25        use of drugs is incompatible with employment at (state
   5-26        agency name).
   5-27              The undersigned agrees to comply with the drug
    6-1        abuse policy of (state agency name).
    6-2                                             __________________
    6-3                                             (name of employee)
    6-4        Sec. 8.  DRUG TESTING.  The department shall adopt policies
    6-5  to provide for testing for the use of abusable substances by state
    6-6  agency employees or persons providing services to state agencies
    6-7  under contract in the following circumstances:
    6-8              (1)  as a condition of the initial employment of a
    6-9  state agency employee;
   6-10              (2)  when the person has been involved in a
   6-11  work-related accident, including an automobile accident, that
   6-12  results in bodily injury, loss of life, or serious damage to
   6-13  property or the environment;
   6-14              (3)  when there is reasonable suspicion that the person
   6-15  is abusing or under the influence of an abusable substance;
   6-16              (4)  as necessary in the treatment or rehabilitation of
   6-17  a person identified as having a substance abuse problem, including
   6-18  testing as part of a return-to-work program; and
   6-19              (5)  as part of a random drug testing program.
   6-20        Sec. 9.  SEARCHES AND OTHER PROCEDURES.  (a)  The department
   6-21  may authorize or take any appropriate action to carry out the
   6-22  purposes of this article, including conducting searches of state
   6-23  property or premises.
   6-24        (b)  The department shall provide for the confiscation of any
   6-25  illegal or prohibited substance or paraphernalia discovered in the
   6-26  course of a search and for the delivery of confiscated items to an
   6-27  appropriate law enforcement agency.
    7-1        SECTION 2.  This Act takes effect September 1, 1993, and
    7-2  applies to state agency employees hired before, on, or after the
    7-3  effective date of this Act.  Persons who were hired by state
    7-4  agencies before the effective date of this Act and are state
    7-5  employees on the effective date of this Act must sign the drug
    7-6  abuse policy statement within 30 days after the effective date of
    7-7  this Act.
    7-8        SECTION 3.  The importance of this legislation and the
    7-9  crowded condition of the calendars in both houses create an
   7-10  emergency and an imperative public necessity that the
   7-11  constitutional rule requiring bills to be read on three several
   7-12  days in each house be suspended, and this rule is hereby suspended.