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A BILL TO BE ENTITLED
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AN ACT
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relating to drug testing and prescription drug policies and certain |
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legal protections for employees and independent contractors of |
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state agencies and political subdivisions and for other persons |
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regarding the medical use of low-THC cannabis and hemp. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 6, Government Code, is amended |
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by adding Chapter 620 to read as follows: |
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CHAPTER 620. DRUG TESTING AND PRESCRIPTION DRUG POLICIES |
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Sec. 620.001. DEFINITIONS. In this chapter: |
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(1) "Drug test" means a technical analysis of an |
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individual's biological specimen to determine the presence or |
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absence of specified drugs or metabolites. |
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(2) "Hemp" has the meaning assigned by Section |
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121.001, Agriculture Code. |
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(3) "Low-THC cannabis" has the meaning assigned by |
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Section 169.001, Occupations Code. |
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Sec. 620.002. EXCEPTIONS. This chapter does not apply to: |
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(1) an employee of a state agency or political |
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subdivision of this state who is required to comply with United |
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States Department of Transportation drug testing regulations in |
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accordance with 49 C.F.R. Part 40; or |
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(2) a peace officer described by Article 2.12, Code of |
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Criminal Procedure, who is elected, employed, or appointed as a |
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peace officer by a state agency or a political subdivision of this |
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state. |
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Sec. 620.003. PROHIBITED DRUG TESTING AND PRESCRIPTION DRUG |
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POLICIES. A state agency or a political subdivision of this state |
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may not: |
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(1) establish a drug testing policy that requires an |
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employee or independent contractor of the agency or political |
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subdivision as a condition of employment or contract to submit to a |
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drug test the intent of which is to screen for the presence of |
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cannabinoids; |
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(2) as a condition of employment or contract with the |
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agency or political subdivision, administer or require the |
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administration of a drug test to the employee or contractor the |
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intent of which is to screen for the presence of cannabinoids; |
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(3) establish for the employee or contractor as a |
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condition of employment or contract a test result that is negative |
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for the presence of cannabinoids; or |
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(4) prohibit an employee or contractor as a condition |
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of employment or contract from: |
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(A) prescribing or obtaining a prescription for |
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low-THC cannabis or using low-THC cannabis in accordance with |
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Chapter 169, Occupations Code; or |
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(B) using a consumable hemp product. |
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Sec. 620.004. MEDICAL PRIVACY. A state agency or a |
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political subdivision of this state may not question an employee |
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about the employee's use of low-THC cannabis or hemp and shall |
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comply with all relevant state and federal privacy laws, including |
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Chapter 181, Health and Safety Code, and the Health Insurance |
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Portability and Accountability Act of 1996 (Pub. L. No. 104-191) |
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and regulations adopted under that Act. |
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Sec. 620.005. RELIEF AVAILABLE. (a) A person may assert an |
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actual or threatened violation of Section 620.003 or 620.004 as a |
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claim or defense in a judicial or administrative proceeding and |
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obtain: |
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(1) compensatory damages; |
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(2) injunctive relief; |
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(3) declaratory relief; and |
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(4) other appropriate relief, including reasonable |
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attorney's fees. |
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(b) Notwithstanding any other law, a person may commence an |
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action under this section and relief may be granted regardless of |
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whether the person sought or exhausted available administrative |
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remedies. |
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Sec. 620.006. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 620.003 or 620.004 may sue the state agency or |
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political subdivision for the relief provided under Section |
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620.005. Sovereign or governmental immunity, as applicable, is |
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waived and abolished to the extent of liability for that relief. |
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SECTION 2. Chapter 487, Health and Safety Code, is amended |
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by adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS |
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Sec. 487.021. DEFINITION. In this subchapter, "authorized |
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medical use" means a medical use of a substance that is authorized |
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under: |
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(1) this chapter; |
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(2) Subchapter G, Chapter 481; |
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(3) Chapter 169, Occupations Code; or |
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(4) department rule. |
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Sec. 487.022. APPLICABILITY. The protections provided by |
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this subchapter apply to a person who is: |
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(1) a patient for whom authorized medical use is |
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prescribed under Chapter 169, Occupations Code, or the parent or |
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caregiver of the patient; |
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(2) a dispensing organization; or |
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(3) a director, manager, or employee of a dispensing |
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organization who is registered with the department under Section |
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487.053. |
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Sec. 487.023. PROTECTION FROM LEGAL ACTION. |
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Notwithstanding any other law, a person described by Section |
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487.022 is not subject to arrest, prosecution, or penalty in any |
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manner, or denial of any right or privilege, including any |
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administrative or civil penalty or disciplinary action imposed by a |
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court or state licensing board, for conduct involving authorized |
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medical use. |
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Sec. 487.024. PROHIBITED PRESUMPTION OF CHILD ABUSE, |
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NEGLECT, OR ENDANGERMENT. A person described by Section 487.022 |
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may not be presumed to have engaged in conduct constituting child |
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abuse, neglect, or endangerment solely because the person engaged |
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in conduct involving authorized medical use. |
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Sec. 487.025. PROHIBITED DENIAL OF PARENTAL RIGHTS. The |
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fact that a person described by Section 487.022 engages in conduct |
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involving authorized medical use does not in itself constitute |
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grounds for denying, limiting, or restricting conservatorship or |
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possession of or access to a child under Title 5, Family Code. |
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Sec. 487.026. PROHIBITED SEIZURE OR FORFEITURE. Property |
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used in the cultivation, research, testing, processing, |
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distribution, transportation, and delivery of low-THC cannabis for |
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authorized medical use is not contraband for purposes of Chapter |
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59, Code of Criminal Procedure, and is not subject to seizure or |
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forfeiture under that chapter or other law solely for the use of the |
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property for the authorized activities. |
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Sec. 487.027. PROHIBITED PROSECUTION FOR PROVISION OF |
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PARAPHERNALIA. A person is not subject to arrest, prosecution, or |
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the imposition of any sentence or penalty for the delivery, |
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possession with intent to deliver, or manufacture of any item that |
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meets the definition of drug paraphernalia, as defined by Section |
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481.002, if that item is delivered, possessed with intent to |
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deliver, or manufactured for the sole purpose of providing that |
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item to: |
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(1) a person for whom authorized medical use is |
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prescribed under Chapter 169, Occupations Code; or |
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(2) a licensed dispensing organization. |
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Sec. 487.028. PROHIBITED DISCIPLINARY ACTION AGAINST |
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STUDENTS AND SCHOOL HEALTH CARE PROFESSIONALS. (a) |
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Notwithstanding any other law, a student for whom low-THC cannabis |
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is prescribed under Chapter 169, Occupations Code, may not be |
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subject to suspension, expulsion, placement in a disciplinary |
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alternative education program, or any other form of discipline |
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solely because the student possessed, used, or was prescribed |
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low-THC cannabis. |
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(b) Notwithstanding any other law, a school health care |
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professional assisting a student described by Subsection (a) in the |
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administration of low-THC cannabis may not be subject to any |
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disciplinary action solely because of the assistance. |
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SECTION 3. The changes in law made by this Act apply only to |
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the administration of a drug testing or prescription drug policy or |
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a drug test on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |