| 1 | 1 | | By: Perry, et al. S.B. No. 722 |
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| 2 | 2 | | (Burkett) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a disqualification for unemployment benefits for |
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| 8 | 8 | | refusing to take or failing a preemployment drug test. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 207.047, Labor Code, is amended by |
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| 11 | 11 | | adding Subsections (a-1) and (a-2) to read as follows: |
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| 12 | 12 | | (a-1) For purposes of Subsection (a), an individual is |
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| 13 | 13 | | considered to have failed, without good cause, to accept suitable |
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| 14 | 14 | | work offered to the individual by an employer if: |
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| 15 | 15 | | (1) as a condition of employment, the employer |
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| 16 | 16 | | required the individual to submit to a preemployment drug test; and |
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| 17 | 17 | | (2) the individual: |
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| 18 | 18 | | (A) refused, without good cause, to submit to the |
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| 19 | 19 | | drug test; or |
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| 20 | 20 | | (B) failed the drug test, unless the failure was |
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| 21 | 21 | | caused by the use of a substance that was prescribed by a health |
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| 22 | 22 | | care practitioner as medically necessary for the individual. |
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| 23 | 23 | | (a-2) The commission by rule shall specify the |
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| 24 | 24 | | circumstances under which a person is considered to have good cause |
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| 25 | 25 | | for refusing to submit to a drug test under Subsection (a-1). |
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| 26 | 26 | | SECTION 2. Not later than December 1, 2015, the Texas |
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| 27 | 27 | | Workforce Commission shall adopt rules necessary to implement |
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| 28 | 28 | | Section 207.047(a-1), Labor Code, as added by this Act. |
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| 29 | 29 | | SECTION 3. The change in law made by this Act applies only |
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| 30 | 30 | | to a claim for unemployment compensation benefits filed with the |
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| 31 | 31 | | Texas Workforce Commission on or after December 1, 2015. A claim |
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| 32 | 32 | | filed before December 1, 2015, is governed by the law in effect on |
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| 33 | 33 | | the date the claim was filed, and the former law is continued in |
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| 34 | 34 | | effect for that purpose. |
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| 35 | 35 | | SECTION 4. This Act takes effect September 1, 2015. |
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