82R385 KSD-D
By: Legler H.B. No. 126
A BILL TO BE ENTITLED
AN ACT
relating to required drug testing for applicants and recipients of
unemployment compensation benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 207.021, Labor Code, is amended by
adding Subsection (d) to read as follows:
(d) In addition to meeting the requirements of Subsections
(a)-(c), to be eligible to receive benefits under this subtitle a
claimant must comply with Section 207.026.
SECTION 2. Subchapter B, Chapter 207, Labor Code, is
amended by adding Section 207.026 to read as follows:
Sec. 207.026. REQUIRED DRUG TESTING; DISQUALIFICATION FOR
BENEFITS. (a) Each individual who files a claim for benefits under
Chapter 208 or receives benefits under this subtitle must submit to
drug testing as provided by this section.
(b) The commission by rule shall adopt a drug testing
program as part of the requirements for the receipt of benefits
under this subtitle. The program must:
(1) comply with the drug testing requirements of 49
C.F.R. Part 382 or other similar national requirements for drug
testing programs recognized by the commission; and
(2) be designed to protect the rights of benefit
applicants and recipients.
(c) Each individual who files an initial claim under Section
208.001 must successfully pass a drug test conducted by the
commission before being eligible to receive benefits.
(d) If an individual who is receiving benefits under this
subtitle applies for employment with an employer who requires a
preemployment drug test and the individual fails the drug test, the
individual must disclose the results of that test to the commission
in the manner prescribed by the commission. The individual must
disclose the test results within 72 hours of receipt by the
individual of the notice that the individual failed the drug test.
Except as provided by Subsection (f), an individual described by
this subsection who fails a preemployment drug test is disqualified
for benefits under this subtitle until the individual meets the
requirements of Subsection (e).
(e) An applicant for or recipient of benefits who does not
successfully pass a drug test required under this section is
disqualified for benefits. Disqualification under this section
continues until the individual has returned to employment and:
(1) worked for six weeks; or
(2) earned wages equal to six times the individual's
benefit amount.
(f) Notwithstanding Subsection (d) or (e), an individual is
not disqualified for benefits based on a failure to successfully
pass a drug test required by this section if, on the basis of
evidence presented by the individual, the commission finds that:
(1) the individual is participating in a treatment
program for drug abuse; or
(2) the failure to pass the drug test is caused by the
use of a drug that was prescribed by a physician as medically
necessary for the individual.
(g) Notwithstanding Subsection (f), an individual who fails
to report test results to the commission as required by Subsection
(d) must repay the commission for any benefits received under this
subtitle from the date on which the individual knows or should have
known that the individual failed the preemployment drug test until
the date on which the commission receives notice that the
individual failed the preemployment drug test.
SECTION 3. The change in law made by this Act applies only
to a claim for unemployment compensation benefits that is filed
with the Texas Workforce Commission on or after March 1, 2012.
SECTION 4. This Act takes effect September 1, 2011.