Texas Senate Bill SB992

Texas 2013 - 83rd Regular

Caption

Relating to misrepresentations in connection with certain drug testing devices or equipment; providing penalties.

Impact

The enactment of SB992 would directly influence the regulatory standards surrounding drug testing equipment in Texas. By establishing clear penalties for misrepresentation, this legislation seeks to protect consumers from fraudulent practices and ensure the integrity of drug testing. Specifically, any violations under the outlined offense would be classified as a Class C misdemeanor, with each infraction treated as a separate offense, which would contribute to stricter enforcement of standards in the drug testing field.

Summary

Senate Bill 992 aims to address deceptive practices related to drug testing devices and equipment in Texas. Specifically, the bill amends the Penal Code to categorize the manufacturing, selling, or attempting to sell a drug testing device as an offense if it is falsely represented as being capable of providing quantitative drug test results without proper approval from the United States Food and Drug Administration (FDA). The bill highlights the need for accountability in the drug testing industry to ensure that consumers and businesses only utilize certified and effective testing devices.

Contention

While the bill generally received support for its consumer protection aspects, it also sparked discussions regarding its potential implications for businesses involved in drug testing. Proponents argue that this legislation is necessary to maintain public trust in drug testing results, particularly in contexts such as employment and legal proceedings. However, some critics expressed concerns that the legislation could impose undue burdens on legitimate drug testing companies and may lead to challenges in compliance due to the potential for overlapping regulations with existing laws regarding medical devices and consumer products.