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.