| 1 | 1 | | By: Lucio S.B. No. 612 |
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| 2 | 2 | | (In the Senate - Filed February 18, 2013; February 25, 2013, |
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| 3 | 3 | | read first time and referred to Committee on State Affairs; |
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| 4 | 4 | | May 17, 2013, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 5, Nays 1, 1 present not |
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| 6 | 6 | | voting; May 17, 2013, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 612 By: Lucio |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to a drug testing requirement for a person elected to |
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| 13 | 13 | | public elective office. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter A, Chapter 141, Election Code, is |
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| 16 | 16 | | amended by adding Section 141.005 to read as follows: |
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| 17 | 17 | | Sec. 141.005. DRUG SCREENING AND TESTING REQUIREMENT FOR |
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| 18 | 18 | | PERSONS ELECTED TO PUBLIC OFFICE. (a) At the time a person is |
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| 19 | 19 | | elected to a public elective office, the person must submit to a |
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| 20 | 20 | | controlled substance use screening assessment. A person whose |
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| 21 | 21 | | controlled substance use screening assessment conducted under this |
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| 22 | 22 | | section indicates good cause to suspect the person of controlled |
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| 23 | 23 | | substance use shall submit to a drug test. |
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| 24 | 24 | | (b) The authority responsible for determining eligibility |
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| 25 | 25 | | for the office to which the person is elected shall administer a |
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| 26 | 26 | | screening assessment or drug test required under this section at |
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| 27 | 27 | | the person's expense. |
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| 28 | 28 | | (c) After completion of a screening assessment or drug test |
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| 29 | 29 | | required under this section, the authority that administered the |
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| 30 | 30 | | assessment or drug test shall: |
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| 31 | 31 | | (1) obtain a waiver of confidentiality from the person |
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| 32 | 32 | | with respect to the results of the screening assessment or drug |
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| 33 | 33 | | test; and |
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| 34 | 34 | | (2) submit the results of the screening assessment or |
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| 35 | 35 | | drug test to the Texas Ethics Commission. |
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| 36 | 36 | | (d) The Texas Ethics Commission shall release the results of |
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| 37 | 37 | | a screening assessment and drug test conducted under this section |
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| 38 | 38 | | as soon as is practicable. |
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| 39 | 39 | | (e) The secretary of state shall adopt rules to administer |
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| 40 | 40 | | this section. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2013. |
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| 42 | 42 | | * * * * * |
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