79R3581 JD-D

By:  Guillen                                                      H.B. No. 502



A BILL TO BE ENTITLED

AN ACT

relating to prohibiting a person from providing urine to another 
with intent to defeat or defraud a drug-screening test; providing 
penalties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 38, Penal Code, is amended by adding 
Section 38.21 to read as follows:
	Sec. 38.21.  SUBSTITUTING URINE WITH INTENT TO DEFEAT OR 
DEFRAUD DRUG-SCREENING TEST.  (a)  In this section, "drug-screening 
test" means the process of analyzing a specimen of a person's urine 
to detect the presence in the person's body of:
		(1)  a controlled substance, as defined by Section 
481.002, Health and Safety Code;
		(2)  a dangerous drug, as defined by Section 483.001, 
Health and Safety Code; or
		(3)  an abusable volatile chemical, as defined by 
Section 485.001, Health and Safety Code.
	(b)  This section applies only to a drug-screening test that 
is required by:
		(1)  this state or an agency of this state;                            
		(2)  a political subdivision of this state or an agency 
of the political subdivision; or
		(3)  a court in this state having jurisdiction over the 
person.      
	(c)  A person commits an offense if the person sells, gives, 
or otherwise provides another with a urine specimen knowing that 
the specimen is intended to be used to defeat or defraud a 
drug-screening test.
	(d)  Except as provided by Subsections (e) and (f), an 
offense under this section is a Class B misdemeanor.
	(e)  If it is shown on the trial of an offense under this 
section that the person has previously been convicted one time of an 
offense under this section, the offense is a Class A misdemeanor.
	(f)  If it is shown on the trial of an offense under this 
section that the person has previously been convicted two or more 
times of an offense under this section, the offense is a state jail 
felony.
	SECTION 2.  This Act takes effect September 1, 2005.