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.