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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 for |
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employees and independent contractors of state agencies and |
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political subdivisions regarding the medical use of low-THC |
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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 621 to read as follows: |
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CHAPTER 621. DRUG TESTING AND PRESCRIPTION DRUG POLICIES |
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Sec. 621.001. 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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(4) "Peace officer" means a person elected, employed, |
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or appointed as a peace officer under Article 2A.001, Code of |
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Criminal Procedure. |
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Sec. 621.002. EXCEPTIONS. This chapter does not apply to: |
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(1) a peace officer who is elected, employed, or |
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appointed by a state agency or a political subdivision of this |
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state; or |
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(2) an employee of a state agency or a 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. |
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Sec. 621.003. 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 to screen for the presence of 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 to |
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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 negative test result for the |
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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. 621.004. 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, 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. 621.005. RELIEF AVAILABLE. (a) A person may assert an |
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actual or threatened violation of Section 621.003 or 621.004 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. 621.006. IMMUNITY WAIVED. A person who alleges a |
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violation of Section 621.003 or 621.004 may sue the state agency or |
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political subdivision for the relief provided under Section |
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621.005. 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 621, Government Code, as added by this |
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Act, applies only to the administration of a drug testing or |
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prescription drug policy or of a drug test on or after the effective |
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date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |