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.