S.B. No. 21
AN ACT
relating to drug screening or testing as a condition for the receipt
of unemployment compensation benefits by certain individuals.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Ken Legler Act.
SECTION 2. Section 207.021, Labor Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) An individual for whom suitable work is available only
in an occupation designated by United States Department of Labor
regulation as an occupation that regularly conducts preemployment
drug testing is available for work for purposes of Subsection
(a)(4) only if the individual complies with the applicable
requirements of the drug screening and testing program administered
by the commission under Section 207.026. The commission shall
adopt rules for determining the type of work that is suitable for an
individual for purposes of this subsection.
SECTION 3. Subchapter B, Chapter 207, Labor Code, is
amended by adding Section 207.026 to read as follows:
Sec. 207.026. DRUG SCREENING OR TESTING AS CONDITION OF
BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS.
(a) The commission by rule shall adopt a drug screening and
testing program as part of the requirements for the receipt of
benefits under this subtitle by an individual to whom Section
207.021(b-1) applies. 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.
(b) Under the program, each individual to whom Section
207.021(b-1) applies who files an initial claim must submit to and
pass a drug screening assessment developed and administered by or
on behalf of the commission for purposes of this subsection as a
prerequisite to receiving benefits under this subtitle. The
assessment tool used under this subsection must consist of a
written questionnaire to be completed by the individual applying
for benefits and must be designed to accurately determine the
reasonable likelihood that an individual is using a substance that
is subject to regulation under Chapter 481, Health and Safety Code.
An individual whose drug screening assessment indicates a
reasonable likelihood of use by the individual of a substance
subject to regulation under that chapter must submit to and pass a
drug test administered by or on behalf of the commission to
establish the individual's eligibility for benefits under this
subtitle. An individual who fails a drug test required under this
subsection under a final determination or decision under this
section is not eligible to receive benefits under this subtitle
until the individual has passed a subsequent drug test administered
by or on behalf of the commission not earlier than four weeks after
the date the individual submitted to the failed drug test.
(c) Notwithstanding Subsection (b), an individual is not
ineligible to receive benefits based on the individual's failure to
pass a drug test if, on the basis of evidence presented by the
individual, the commission determines that, subject to Section
207.021(a)(4):
(1) the individual is participating in a treatment
program for drug abuse;
(2) the individual enrolls in and attends a treatment
program for drug abuse not later than the seventh day after the date
initial notice of the failed drug test is sent to the individual; or
(3) the failure to pass the test is caused by the use
of a substance that was prescribed by a health care practitioner as
medically necessary for the individual.
(d) The commission shall prescribe procedures for providing
initial notice to an individual who fails a drug test under
Subsection (b), for an appeal under Chapter 212, and for the
retaking of a failed drug test by an individual under this section.
The procedures must provide:
(1) for prompt initial notice by mail to an individual
who fails a drug test under Subsection (b) regarding:
(A) the fact of the individual's failure of the
drug test;
(B) the manner in which the individual may notify
the commission that the individual has enrolled in and is attending
a treatment program for drug abuse;
(C) the manner in which the individual may appeal
and retake the failed drug test; and
(D) common potential causes of a false positive
test result;
(2) for privacy with regard to the individual's drug
test result until not later than the 14th day after the date the
initial notice of the failed drug test was mailed to the individual
during which time the individual may appeal and retake the failed
drug test; and
(3) that a determination or decision that an
individual has failed a drug test under this section becomes final
on:
(A) the 15th day after the date the initial
notice of the failed drug test was mailed to the individual if the
individual does not appeal and retake the individual's failed drug
test as provided by this section; or
(B) the date that a retest conducted pursuant to
an appeal by the individual as provided by this section confirms the
positive drug test result.
(e) The commission shall administer the program under this
section using existing administrative funds and any funds
appropriated to the commission for the purposes of this section.
SECTION 4. The changes in law made by this Act apply only to
a claim for unemployment compensation benefits that is filed with
the Texas Workforce Commission on or after February 1, 2014.
SECTION 5. If before implementing any provision of this Act
a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 6. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 21 passed the Senate on
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 25, 2013, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 21 passed the House, with
amendments, on May 22, 2013, by the following vote: Yeas 104,
Nays 42, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor