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