By Serna H.B. No. 2776
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring certain employees and applicants for
1-3 employment at convalescent and nursing homes and related
1-4 institutions to submit to drug testing.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 242, Health and Safety
1-7 Code, is amended by adding Section 242.050 to read as follows:
1-8 Sec. 242.050. DRUG TESTING. (a) An applicant for
1-9 employment at, or an employee of, an institution shall submit to
1-10 testing for the use of certain controlled substances, as that term
1-11 is defined by Chapter 481, if the results of a criminal history
1-12 check conducted under Chapter 250 reveal that a person has been
1-13 convicted of:
1-14 (1) an offense listed in Section 250.005; or
1-15 (2) a felony violation of a statute intended to
1-16 control the possession or distribution of a controlled substance,
1-17 as that term is defined by Chapter 481.
1-18 (b) An institution may not employ an applicant, and shall
1-19 terminate the employment of an employee, if the applicant or
1-20 employee fails to pass the testing conducted under Subsection (a).
1-21 (c) The board shall adopt rules as necessary to implement
1-22 this section, including rules that prescribe:
1-23 (1) the facilities qualified to administer testing;
2-1 (2) the controlled substances for which the testing
2-2 must screen, based on a cost-benefit analysis that considers the
2-3 availability of a substance, the extent of its illegal use in this
2-4 state, and its impact on a person's performance;
2-5 (3) the criteria by which the department shall
2-6 determine that a person has failed the testing; and
2-7 (4) procedures through which a person may challenge a
2-8 determination that the person has failed the testing.
2-9 (d) In adopting rules under this section, the board shall
2-10 ensure that the safety, confidentiality, and privacy and other
2-11 legal rights of all affected persons are adequately protected. The
2-12 board shall ensure that all rules comply with applicable state and
2-13 federal laws.
2-14 SECTION 2. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended,
2-19 and that this Act take effect and be in force from and after its
2-20 passage, and it is so enacted.