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A BILL TO BE ENTITLED
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AN ACT
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relating to admissibility of certain evidence against employers for |
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employee use of THC. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 6, Civil Practice and Remedies Code, is |
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amended by adding Chapter 142B to read as follows: |
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CHAPTER 142B. ADMISSIBILITY OF EVIDENCE AGAINST EMPLOYER FOR |
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EMPLOYEE USE OF THC |
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Sec. 142B.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who works for a |
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person for compensation. The term includes an individual deemed an |
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employee under state or federal law and any other person, including |
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an agent, for whom an employer may be liable under respondeat |
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superior. |
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(2) "Intoxicated" means not having the normal use of |
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mental or physical faculties due to the voluntary introduction of |
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THC or low-THC cannabis into the body. |
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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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(4) "THC" means the delta-9 tetrahydrocannabinol |
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cannabinoid in the Cannabis sativa L. plant. |
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Sec. 142B.002. ADMISSIBILITY OF LOW-THC CANNABIS EVIDENCE. |
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In a civil action against an employer alleging negligent hiring, |
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training, supervising, or entrusting the employer's employee that |
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caused or contributed to an injury, death, or property damage, the |
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court may not admit evidence of the employee's medical use of |
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low-THC cannabis in accordance with Chapter 169, Occupations Code, |
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unless the employer: |
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(1) knew that the employee used low-THC cannabis under |
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Chapter 169, Occupations Code; |
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(2) became aware that the employee was intoxicated by |
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low-THC cannabis before the injury, death, or property damage |
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occurred in a time and manner that made the injury, death, or |
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property damage reasonably foreseeable; and |
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(3) failed to reasonably intervene to prevent the act |
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or omission that caused the injury, death, or property damage. |
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Sec. 142B.003. ADMISSIBILITY OF THC EVIDENCE. In a civil |
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action or administrative proceeding against an employer alleging |
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that the employer's employee's use of THC caused or contributed to |
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an injury, death, or property damage, evidence that the employee |
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tested positive for THC is not admissible unless the party offering |
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the evidence introduces other sufficient evidence that the employee |
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was intoxicated at or near the time of the act or omission that |
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caused the injury, death, or property damage. |
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SECTION 2. The changes in law made by this Act apply only to |
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an action filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect on the 91st day after the |
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last day of the legislative session. |