81R3592 JRJ-D
By: Legler H.B. No. 975
A BILL TO BE ENTITLED
AN ACT
relating to drug testing of professional employees of public school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 22, Education Code, is
amended by adding Section 22.903 to read as follows:
Sec. 22.903. DRUG TESTING OF PROFESSIONAL EMPLOYEES. (a)
In this section, "professional employee of a school district" has
the meaning assigned by Section 22.051.
(b) A school district shall establish a drug testing policy
for professional employees of the district. The district may
satisfy the requirement imposed by this subsection by adopting the
model drug testing policy adopted by the agency under Subsection
(c).
(c) The agency by rule shall adopt a model drug testing
policy that may be used by school districts.
(d) Any drug testing policy under this section must be
designed to ensure the safety of students and to protect the rights
of employees and must:
(1) test for:
(A) excessive use of alcoholic beverages, as
defined by Section 1.04, Alcoholic Beverage Code; and
(B) use of marihuana or a controlled substance,
as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C.
Section 801 et seq., or a dangerous drug, as defined by Chapter 483,
Health and Safety Code;
(2) require at least one scheduled drug test for each
prospective professional employee of a district;
(3) authorize random, unannounced drug testing once
each year for not fewer than 10 percent of the professional
employees of a district; and
(4) require a drug test for each professional employee
of a district who is injured on the job.
(e) A school district may not hire a prospective
professional employee who fails a drug test administered under this
section.
(f) A school district may either terminate the employment of
a professional employee of the district who fails a drug test
administered under this section or may require the employee to
attend a rehabilitation program. A district that requires an
employee to attend a rehabilitation program must provide for
administering a weekly drug test to the employee throughout the
course of the program. A district shall terminate the employment of
a professional employee of the district who fails a weekly drug test
administered under this subsection.
(g) A person whose employment is terminated under this
section may not apply for employment as a professional employee of a
school district until at least nine months after the date of the
latest failed drug test and must submit to a drug test as a
prospective employee. If the person attempts to apply for a
position as a professional employee of a school district before the
end of the nine-month period, the person may not apply again for
such employment for an additional 36 months after the date of
applying.
(h) A professional employee of a school district who fails a
drug test administered under this section shall reimburse the
district for the cost of administering that drug test and for the
cost of a drug test taken as a prospective employee after
termination of employment under this section.
(i) A school district is required to establish and
administer a drug testing policy under this section only if the
legislature appropriates sufficient money specifically for the
purpose of reimbursing districts for expenses incurred in
establishing and administering the policy.
SECTION 2. This Act takes effect September 1, 2009.