83R3467 KSD-D

By: Riddle H.B. No. 1583

A BILL TO BE ENTITLED

AN ACT

relating to drug use by and drug testing for applicants and recipients of unemployment compensation benefits; providing a criminal penalty.

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

SECTION 1. The heading to Section 207.021, Labor Code, is amended to read as follows:

Sec. 207.021. BENEFIT ELIGIBILITY CONDITIONS; CRIMINAL PENALTY.

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

(b-1) An individual who refuses to submit to or fails a random drug test required under Section 207.026 is not available for work for purposes of Subsection (a)(4) of this section and is not eligible to receive benefits under this subtitle until the individual has complied with the applicable requirements of Section 207.026.

(d) In addition to meeting the requirements of Subsections (a)-(c), to be eligible to receive benefits under this subtitle an individual must submit to the commission, in the form and manner prescribed by the commission, an affidavit executed by the individual stating that the individual is not at the time of application using, and will not use during any period for which the individual receives benefits under this subtitle, a substance that is subject to regulation under Chapter 481, Health and Safety Code, that was not prescribed by a physician as medically necessary for the individual. The commission shall adopt rules for the administration of this subsection.

(e) An individual commits an offense if the individual submits an affidavit under Subsection (d) and subsequently is disqualified for benefits because the individual failed to pass a drug test required under Section 207.026. An offense under this subsection is a Class B misdemeanor.

SECTION 3. Subchapter B, Chapter 207, Labor Code, is amended by adding Section 207.026 to read as follows:

Sec. 207.026. RANDOM DRUG TESTING; DISQUALIFICATION FOR BENEFITS. (a) Each individual who files a claim for benefits under Chapter 208 or receives benefits under this subtitle is subject to and, if selected, must submit to random, unannounced drug testing as provided by this section.

(b) The commission by rule shall adopt a random 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) An applicant for or recipient of benefits who refuses to submit to or 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.

(d) Notwithstanding Subsection (c), an individual is not disqualified for benefits based on the individual's failure to successfully pass a drug test required by this section 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 drug test is caused by the use of a drug that was prescribed by a physician as medically necessary for the individual.

(e) Unless Subsection (d) applies, an individual who fails to pass a drug test required under this section must repay the commission for any benefits received under this subtitle for a benefit period since the date on which the individual submitted an affidavit under Section 207.021(d).

SECTION 4. 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, 2014.

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