| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to required drug testing for applicants and recipients of |
|
|
unemployment compensation benefits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 207.021, Labor Code, is amended by |
|
|
adding Subsection (d) to read as follows: |
|
|
(d) In addition to meeting the requirements of Subsections |
|
|
(a)-(c), to be eligible to receive benefits under this subtitle a |
|
|
claimant must comply with Section 207.026. |
|
|
SECTION 2. Subchapter B, Chapter 207, Labor Code, is |
|
|
amended by adding Section 207.026 to read as follows: |
|
|
Sec. 207.026. REQUIRED DRUG TESTING; DISQUALIFICATION FOR |
|
|
BENEFITS. (a) Each individual who files a claim for benefits under |
|
|
Chapter 208 or receives benefits under this subtitle must submit to |
|
|
drug testing as provided by this section. |
|
|
(b) The commission by rule shall adopt a drug testing |
|
|
program as part of the requirements for the receipt of benefits |
|
|
under this subtitle. The program must: |
|
|
(1) comply with the drug testing requirements of 49 |
|
|
C.F.R. Part 382 or other similar national requirements for drug |
|
|
testing programs recognized by the commission; and |
|
|
(2) be designed to protect the rights of benefit |
|
|
applicants and recipients. |
|
|
(c) Each individual who files an initial claim under Section |
|
|
208.001 must successfully pass a drug test conducted by the |
|
|
commission before being eligible to receive benefits. |
|
|
(d) A claimant who receives benefits must submit to random, |
|
|
unannounced drug testing on a periodic basis determined by the |
|
|
commission by rule to be eligible to continue to receive benefits |
|
|
under this subtitle. |
|
|
(e) An applicant for or recipient of benefits who does not |
|
|
successfully pass a drug test required under this section is |
|
|
disqualified for benefits. Disqualification under this section |
|
|
continues until the individual has returned to employment and: |
|
|
(1) worked for six weeks; or |
|
|
(2) earned wages equal to six times the individual's |
|
|
benefit amount. |
|
|
(f) Notwithstanding Subsection (e), an individual is not |
|
|
disqualified for benefits based on a failure to successfully pass a |
|
|
drug test required by this section if, on the basis of evidence |
|
|
presented by the individual, the commission finds that: |
|
|
(1) the individual is participating in a treatment |
|
|
program for drug abuse; or |
|
|
(2) the failure to pass the drug test is caused by the |
|
|
use of a drug that was prescribed by a physician as medically |
|
|
necessary for the individual. |
|
|
SECTION 3. The change in law made by this Act applies only |
|
|
to a claim for unemployment compensation benefits that is filed |
|
|
with the Texas Workforce Commission on or after March 1, 2010. |
|
|
SECTION 4. This Act takes effect September 1, 2009. |