Texas 2009 - 81st Regular

Texas House Bill HB975 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R3592 JRJ-D
2	2	By: Legler H.B. No. 975
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to drug testing of professional employees of public school
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter Z, Chapter 22, Education Code, is
11	11	amended by adding Section 22.903 to read as follows:
12	12	Sec. 22.903. DRUG TESTING OF PROFESSIONAL EMPLOYEES. (a)
13	13	In this section, "professional employee of a school district" has
14	14	the meaning assigned by Section 22.051.
15	15	(b) A school district shall establish a drug testing policy
16	16	for professional employees of the district. The district may
17	17	satisfy the requirement imposed by this subsection by adopting the
18	18	model drug testing policy adopted by the agency under Subsection
19	19	(c).
20	20	(c) The agency by rule shall adopt a model drug testing
21	21	policy that may be used by school districts.
22	22	(d) Any drug testing policy under this section must be
23	23	designed to ensure the safety of students and to protect the rights
24	24	of employees and must:
25	25	(1) test for:
26	26	(A) excessive use of alcoholic beverages, as
27	27	defined by Section 1.04, Alcoholic Beverage Code; and
28	28	(B) use of marihuana or a controlled substance,
29	29	as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
30	30	Section 801 et seq., or a dangerous drug, as defined by Chapter 483,
31	31	Health and Safety Code;
32	32	(2) require at least one scheduled drug test for each
33	33	prospective professional employee of a district;
34	34	(3) authorize random, unannounced drug testing once
35	35	each year for not fewer than 10 percent of the professional
36	36	employees of a district; and
37	37	(4) require a drug test for each professional employee
38	38	of a district who is injured on the job.
39	39	(e) A school district may not hire a prospective
40	40	professional employee who fails a drug test administered under this
41	41	section.
42	42	(f) A school district may either terminate the employment of
43	43	a professional employee of the district who fails a drug test
44	44	administered under this section or may require the employee to
45	45	attend a rehabilitation program. A district that requires an
46	46	employee to attend a rehabilitation program must provide for
47	47	administering a weekly drug test to the employee throughout the
48	48	course of the program. A district shall terminate the employment of
49	49	a professional employee of the district who fails a weekly drug test
50	50	administered under this subsection.
51	51	(g) A person whose employment is terminated under this
52	52	section may not apply for employment as a professional employee of a
53	53	school district until at least nine months after the date of the
54	54	latest failed drug test and must submit to a drug test as a
55	55	prospective employee. If the person attempts to apply for a
56	56	position as a professional employee of a school district before the
57	57	end of the nine-month period, the person may not apply again for
58	58	such employment for an additional 36 months after the date of
59	59	applying.
60	60	(h) A professional employee of a school district who fails a
61	61	drug test administered under this section shall reimburse the
62	62	district for the cost of administering that drug test and for the
63	63	cost of a drug test taken as a prospective employee after
64	64	termination of employment under this section.
65	65	(i) A school district is required to establish and
66	66	administer a drug testing policy under this section only if the
67	67	legislature appropriates sufficient money specifically for the
68	68	purpose of reimbursing districts for expenses incurred in
69	69	establishing and administering the policy.
70	70	SECTION 2. This Act takes effect September 1, 2009.