By: Lucio S.B. No. 612

(In the Senate - Filed February 18, 2013; February 25, 2013, read first time and referred to Committee on State Affairs; May 17, 2013, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 1, 1 present not voting; May 17, 2013, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 612 By: Lucio

A BILL TO BE ENTITLED

AN ACT

relating to a drug testing requirement for a person elected to public elective office.

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 REQUIREMENT FOR PERSONS ELECTED TO PUBLIC OFFICE. (a) At the time a person is elected to a public elective office, the person must submit to a controlled substance use screening assessment. A person whose controlled substance use screening assessment conducted under this section indicates good cause to suspect the person of controlled substance use shall submit to a drug test.

(b) The authority responsible for determining eligibility for the office to which the person is elected shall administer a screening assessment or drug test required under this section at the person'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 person 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 screening assessment and drug test conducted under this section as soon as is practicable.

(e) The secretary of state shall adopt rules to administer this section.

SECTION 2. This Act takes effect September 1, 2013.

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