83R5235 KSD-F

By: Creighton H.B. No. 1281

A BILL TO BE ENTITLED

AN ACT

relating to drug screening or testing as a condition for the receipt of unemployment compensation benefits by certain individuals.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 207.021, Labor Code, is amended by adding Subsections (b-1) and (b-2) to read as follows:

(b-1) An individual for whom suitable work is available only in an occupation designated by United States Department of Labor regulation as an occupation that regularly conducts preemployment drug testing is available for work for purposes of Subsection (a)(4) only if the individual complies with the applicable requirements of the drug screening and testing program administered by the commission under Section 207.026. The commission shall adopt rules for determining the type of work that is suitable for an individual for purposes of this subsection.

(b-2) An individual receiving benefits under this subtitle who applies for employment with an employer that requires preemployment drug testing and fails that test is not available for work for purposes of Subsection (a)(4) and is not eligible to continue to receive benefits under this subtitle until the individual has complied with the applicable requirements of the drug screening and testing program administered by the commission under 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. DRUG SCREENING OR TESTING AS CONDITION OF BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. (a) The commission by rule shall adopt a drug screening and testing program as part of the requirements for the receipt of benefits under this subtitle by an individual to whom Section 207.021(b-1) or (b-2) applies. 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.

(b) Under the program, each individual to whom Section 207.021(b-1) applies who files an initial claim must submit to and pass a drug screening assessment developed and administered by or on behalf of the commission for purposes of this subsection as a prerequisite to receiving benefits under this subtitle. The assessment tool used under this subsection must consist of a written questionnaire to be completed by the individual applying for benefits and must be designed to accurately determine the reasonable likelihood that an individual is using a substance that is subject to regulation under Chapter 481, Health and Safety Code. An individual whose drug screening assessment indicates a reasonable likelihood of use by the individual of a substance subject to regulation under that chapter must submit to and pass a drug test administered by or on behalf of the commission to establish the individual's eligibility for benefits under this subtitle. An individual who fails a drug test under this subsection is not eligible to receive benefits under this subtitle until the individual has passed a subsequent drug test administered by or on behalf of the commission not earlier than four weeks after the date the individual submitted to the failed drug test.

(c) Under the program, each individual to whom Section 207.021(b-2) applies must disclose the individual's failure of an employer-required preemployment drug test to the commission in the manner prescribed by the commission for purposes of this subsection within 72 hours of receipt by the individual of the notice that the individual failed the test. The individual is disqualified from continuing to receive benefits under this subtitle until the individual has satisfied the eligibility conditions prescribed by Subsection (b) for an individual who has failed a drug test administered under that subsection.

(d) An individual who fails to report test results to the commission as required by Subsection (c) must repay the commission the amount of any benefits received by the individual under this subtitle for a benefit period between:

(1) the date on which the individual knows or should have known that the individual failed the employer-required preemployment drug test; and

(2) the date on which the commission receives notice that the individual failed that test.

(e) Notwithstanding Subsection (b) or (c), an individual is not disqualified from receiving benefits based on the individual's failure to pass a drug test if, on the basis of evidence presented by the individual, the commission determines that:

(1) the individual is participating in a treatment program for drug abuse; or

(2) the failure to pass the test is caused by the use of a substance that was prescribed by a physician as medically necessary for the individual.

(f) The commission by rule shall prescribe procedures for an appeal and the retaking of a failed drug test by an individual under this section.

(g) The commission shall administer the program under this section using existing administrative funds and any funds appropriated to the commission for the purposes of this section.

SECTION 3. The changes in law made by this Act apply only to a claim for unemployment compensation benefits that is filed with the Texas Workforce Commission on or after February 1, 2014.

SECTION 4. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted.

SECTION 5. This Act takes effect September 1, 2013.