|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a drug testing requirement for candidates for certain |
|
public elective offices. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter A, Chapter 141, Election Code, is |
|
amended by adding Section 141.005 to read as follows: |
|
Sec. 141.005. DRUG SCREENING AND TESTING ELIGIBILITY |
|
REQUIREMENT FOR PUBLIC ELECTIVE OFFICE. (a) At the time a candidate |
|
for a public elective office either files an application for a place |
|
on a ballot or makes a declaration of write-in candidacy, the |
|
candidate must submit to a controlled substance use screening |
|
assessment. A candidate whose controlled substance use screening |
|
assessment conducted under this section indicates good cause to |
|
suspect the candidate of controlled substance use shall submit to a |
|
drug test. |
|
(b) The authority with whom the candidate files an |
|
application for a place on a ballot or makes a declaration of |
|
write-in candidacy shall administer a screening assessment or drug |
|
test required under this section at the candidate's expense. |
|
(c) After completion of a screening assessment or drug test |
|
required under this section, the authority that administered the |
|
assessment or drug test shall: |
|
(1) obtain a waiver of confidentiality from the |
|
candidate with respect to the results of the screening assessment |
|
or drug test; and |
|
(2) submit the results of the screening assessment or |
|
drug test to the Texas Ethics Commission. |
|
(d) The Texas Ethics Commission shall release the results of |
|
a candidate's screening assessment and drug test not later than the |
|
45th day before: |
|
(1) the primary election; or |
|
(2) the general election, if there is no primary |
|
election for the office sought by the candidate. |
|
(e) A candidate is not eligible for elective office if the |
|
candidate refuses to: |
|
(1) submit to a screening assessment or drug test |
|
required by this section; or |
|
(2) waive the candidate's privilege of confidentiality |
|
with respect to the results of the screening assessment or drug test |
|
required by this section. |
|
(f) The secretary of state shall adopt rules to administer |
|
this section. |
|
(g) This section does not apply to an office for which the |
|
federal or state constitution or a statute outside this code |
|
prescribes exclusive eligibility requirements. |
|
SECTION 2. The changes in law made by this Act apply only to |
|
the eligibility requirements for a candidate whose term of office |
|
will begin on or after the effective date of this Act. The |
|
eligibility requirements for a candidate whose term of office will |
|
begin before the effective date of this Act are governed by the law |
|
in effect immediately before the effective date of this Act, and the |
|
former law is continued in effect for that purpose. |
|
SECTION 3. This Act takes effect September 1, 2013. |