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A BILL TO BE ENTITLED
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AN ACT
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relating to drug use by and drug testing for applicants and |
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recipients of unemployment compensation benefits; providing a |
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criminal penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 207.021, Labor Code, is |
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amended to read as follows: |
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Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS; CRIMINAL |
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PENALTY. |
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SECTION 2. Section 207.021, Labor Code, is amended by |
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adding Subsections (b-1), (d), and (e) to read as follows: |
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(b-1) An individual who refuses to submit to or fails a |
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random drug test required under Section 207.026 is not available |
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for work for purposes of Subsection (a)(4) of this section and is |
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not eligible to receive benefits under this subtitle until the |
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individual has complied with the applicable requirements of Section |
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207.026. |
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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 an |
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individual must submit to the commission, in the form and manner |
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prescribed by the commission, an affidavit executed by the |
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individual stating that the individual is not at the time of |
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application using, and will not use during any period for which the |
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individual receives benefits under this subtitle, a substance that |
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is subject to regulation under Chapter 481, Health and Safety Code, |
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that was not prescribed by a physician as medically necessary for |
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the individual. The commission shall adopt rules for the |
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administration of this subsection. |
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(e) An individual commits an offense if the individual |
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submits an affidavit under Subsection (d) and subsequently is |
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disqualified for benefits because the individual failed to pass a |
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drug test required under Section 207.026. An offense under this |
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subsection is a Class B misdemeanor. |
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SECTION 3. 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. RANDOM 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 is subject to |
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and, if selected, must submit to random, unannounced drug testing |
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as provided by this section. |
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(b) The commission by rule shall adopt a random 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) An applicant for or recipient of benefits who refuses to |
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submit to or does not successfully pass a drug test required under |
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this section is disqualified for benefits. Disqualification under |
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this section continues until the individual has returned to |
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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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(d) Notwithstanding Subsection (c), an individual is not |
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disqualified for benefits based on the individual's failure to |
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successfully pass a drug test required by this section if, on the |
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basis of evidence presented by the individual, the commission |
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determines 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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(e) Unless Subsection (d) applies, an individual who fails |
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to pass a drug test required under this section must repay the |
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commission for any benefits received under this subtitle for a |
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benefit period since the date on which the individual submitted an |
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affidavit under Section 207.021(d). |
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SECTION 4. 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, 2014. |
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SECTION 5. This Act takes effect September 1, 2013. |