Texas House Bill HB1136

Texas 2009 - 81st Regular

Caption

Relating to disqualification for the receipt of unemployment compensation benefits for violation of an employer drug testing policy.

Impact

The enactment of HB 1136 is likely to influence the laws governing unemployment compensation in Texas significantly. By defining the conditions under which an employee can be disqualified from benefits due to drug testing issues, it shifts the responsibility onto employers to create fair and transparent drug testing policies. Additionally, the bill incorporates protections for employees, which could benefit those who are undergoing substance abuse treatment or are prescribed medications that might otherwise lead to disqualification under prior laws.

Summary

House Bill 1136 aims to establish clear guidelines for disqualifying individuals from receiving unemployment compensation benefits if they are terminated for violating an employer's written drug testing policy. The bill specifically outlines the criteria under which an employer may conduct drug tests, requiring a uniform written policy that must be made known to employees. This legislation is directed at preventing substance abuse in the workplace while ensuring that employees are adequately informed of the policies that could impact their employment status.

Contention

Potential points of contention regarding HB 1136 may revolve around the balance of power between employers and employees. Proponents of the bill argue that it provides a clear structure for managing workplace substance abuse, thereby fostering safer work environments. In contrast, critics may express concern that the bill could lead to unfair disqualifications if employers are perceived as having overly stringent or poorly defined drug testing policies. Furthermore, the requirement for a uniform policy places a substantial procedural burden on employers, which may lead to discussions on the adequacy of such policies to protect employee rights.