83R5246 ADM-D
By: Lucio S.B. No. 612
A BILL TO BE ENTITLED
AN ACT
relating to a drug testing requirement for candidates for certain
public elective offices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 141, Election Code, is
amended by adding Section 141.005 to read as follows:
Sec. 141.005. DRUG SCREENING AND TESTING ELIGIBILITY
REQUIREMENT FOR PUBLIC ELECTIVE OFFICE. (a) At the time a candidate
for a public elective office either files an application for a place
on a ballot or makes a declaration of write-in candidacy, the
candidate must submit to a controlled substance use screening
assessment. A candidate whose controlled substance use screening
assessment conducted under this section indicates good cause to
suspect the candidate of controlled substance use shall submit to a
drug test.
(b) The authority with whom the candidate files an
application for a place on a ballot or makes a declaration of
write-in candidacy shall administer a screening assessment or drug
test required under this section at the candidate's expense.
(c) After completion of a screening assessment or drug test
required under this section, the authority that administered the
assessment or drug test shall:
(1) obtain a waiver of confidentiality from the
candidate with respect to the results of the screening assessment
or drug test; and
(2) submit the results of the screening assessment or
drug test to the Texas Ethics Commission.
(d) The Texas Ethics Commission shall release the results of
a candidate's screening assessment and drug test not later than the
45th day before:
(1) the primary election; or
(2) the general election, if there is no primary
election for the office sought by the candidate.
(e) A candidate is not eligible for elective office if the
candidate refuses to:
(1) submit to a screening assessment or drug test
required by this section; or
(2) waive the candidate's privilege of confidentiality
with respect to the results of the screening assessment or drug test
required by this section.
(f) The secretary of state shall adopt rules to administer
this section.
(g) This section does not apply to an office for which the
federal or state constitution or a statute outside this code
prescribes exclusive eligibility requirements.
SECTION 2. The changes in law made by this Act apply only to
the eligibility requirements for a candidate whose term of office
will begin on or after the effective date of this Act. The
eligibility requirements for a candidate whose term of office will
begin before the effective date of this Act are governed by the law
in effect immediately before the effective date of this Act, and the
former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2013.