By Wilson                                             H.B. No. 1440
         76R6252 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requiring candidates for and appointees to elective
 1-3     public office to submit to drug testing.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Chapter 601, Government Code, is amended by
 1-6     adding Section 601.009 to read as follows:
 1-7           Sec. 601.009.  DRUG TESTING.  (a)  A candidate for elective
 1-8     public office must submit to testing for the use of certain
 1-9     controlled substances, as defined by Chapter 481, Health and Safety
1-10     Code, to be eligible for placement on the ballot for the office
1-11     sought by the candidate.  A candidate who fails to pass the testing
1-12     is not eligible to remain a candidate for or be elected to the
1-13     office sought.
1-14           (b)  A person appointed to fill a vacancy in an elective
1-15     public office must submit to and pass testing comparable to testing
1-16     required under Subsection (a) to be qualified to serve in the
1-17     appointed office.
1-18           (c)  The secretary of state shall adopt rules necessary to
1-19     implement this section, including rules that prescribe:
1-20                 (1)  the time period during which a candidate or other
1-21     person must submit to testing;
1-22                 (2)  the date by which a candidate or other person must
1-23     document that testing has been accomplished and the nature of
1-24     documentation required;
 2-1                 (3)  the facilities qualified to administer testing;
 2-2                 (4)  the controlled substances for which the testing
 2-3     must screen, based on a cost-benefit analysis that considers the
 2-4     availability of a substance, the extent of its illegal use in this
 2-5     state, and its impact on a person's performance;
 2-6                 (5)  the criteria by which the secretary of state shall
 2-7     determine that a candidate or other person has failed the testing
 2-8     and is disqualified from assuming office; and
 2-9                 (6)  the procedures through which a candidate or other
2-10     person may challenge a determination that the candidate has failed
2-11     the testing.
2-12           (d)  In adopting rules under this section, the secretary of
2-13     state shall ensure that the safety, confidentiality, privacy, and
2-14     other legal rights of affected persons are adequately protected.
2-15           (e)  Subsection (a) does not apply to an office for which the
2-16     United States Constitution, the constitution of this state, or
2-17     another statute prescribes exclusive eligibility requirements.
2-18           SECTION 2.  Section 141.001(a), Election Code, is amended to
2-19     read as follows:
2-20           (a)  To be eligible to be a candidate for, or elected or
2-21     appointed to, a public elective office in this state, a person
2-22     must:
2-23                 (1)  be a United States citizen;
2-24                 (2)  be 18 years of age or older on the first day of
2-25     the term to be filled at the election or on the date of
2-26     appointment, as applicable;
2-27                 (3)  have not been determined mentally incompetent by a
 3-1     final judgment of a court;
 3-2                 (4)  have not been finally convicted of a felony from
 3-3     which the person has not been pardoned or otherwise released from
 3-4     the resulting disabilities;
 3-5                 (5)  have resided continuously in the state for 12
 3-6     months and in the territory from which the office is elected for
 3-7     six months immediately preceding the following date:
 3-8                       (A)  for a candidate whose name is to appear on a
 3-9     general primary election ballot, the date of the regular filing
3-10     deadline for a candidate's application for a place on the ballot;
3-11                       (B)  for an independent candidate, the date of
3-12     the regular filing deadline for a candidate's application for a
3-13     place on the ballot;
3-14                       (C)  for a write-in candidate, the date of the
3-15     election at which the candidate's name is written in;
3-16                       (D)  for a party nominee who is nominated by any
3-17     method other than by primary election, the date the nomination is
3-18     made; and
3-19                       (E)  for an appointee to an office, the date the
3-20     appointment is made;
3-21                 (6)  comply with the drug testing requirements of
3-22     Section 601.009, Government Code; and
3-23                 (7) [(6)]  satisfy any other eligibility requirements
3-24     prescribed by law for the office.
3-25           SECTION 3.  The secretary of state shall adopt the rules
3-26     required by Section 601.009, Government Code, as added by this Act,
3-27     not later than December 31, 1999.
 4-1           SECTION 4.  Section 601.009, Government Code, as added by
 4-2     this Act, applies only to a candidate who applies for a place on a
 4-3     ballot or a person who is appointed to fill a vacancy in elective
 4-4     public office on or after January 1, 2000.
 4-5           SECTION 5.  The importance of this legislation and the
 4-6     crowded condition of the calendars in both houses create an
 4-7     emergency and an imperative public necessity that the
 4-8     constitutional rule requiring bills to be read on three several
 4-9     days in each house be suspended, and this rule is hereby suspended,
4-10     and that this Act take effect and be in force from and after its
4-11     passage, and it is so enacted.