86R7947 YDB-D
By: Bucy H.B. No. 3349
A BILL TO BE ENTITLED
AN ACT
relating to certain drug tests administered to employees and
independent contractors of state agencies and political
subdivisions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 620 to read as follows:
CHAPTER 620. DRUG TESTING
Sec. 620.001. DEFINITIONS. In this chapter:
(1) "Drug test" means a technical analysis of an
individual's biological specimen to determine the presence or
absence of specified drugs or metabolites.
(2) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2.12, Code of Criminal
Procedure.
Sec. 620.002. EXCEPTION. This chapter does not apply to a
peace officer who is elected, employed, or appointed by a state
agency or political subdivision of this state.
Sec. 620.003. PROHIBITED DRUG TESTING. A state agency or a
political subdivision of this state may not:
(1) establish a drug testing policy that requires an
employee or independent contractor of the agency or political
subdivision as a condition of employment or contract to submit to a
drug test the intent of which is to screen for the presence of
tetrahydrocannabinols or cannabidiol indicating the use of
marihuana or low-THC cannabis;
(2) administer or require the administration to the
employee or contractor as a condition of employment or contract of a
drug test the intent of which is to screen for the presence of
tetrahydrocannabinols or cannabidiol indicating the use of
marihuana or low-THC cannabis; or
(3) establish for the employee or contractor as a
condition of employment or contract a test result that is negative
for the presence of tetrahydrocannabinols or cannabidiol.
Sec. 620.004. RELIEF AVAILABLE. (a) A person may assert an
actual or threatened violation of Section 620.003 as a claim or
defense in a judicial or administrative proceeding and obtain:
(1) compensatory damages;
(2) injunctive relief;
(3) declaratory relief; and
(4) other appropriate relief, including reasonable
attorney's fees.
(b) Notwithstanding any other law, a person may commence an
action under this section and relief may be granted regardless of
whether the person has sought or exhausted available administrative
remedies.
Sec. 620.005. IMMUNITY WAIVED. A person who alleges a
violation of Section 620.003 may sue the governmental entity for
the relief provided under Section 620.004. Sovereign or
governmental immunity, as applicable, is waived and abolished to
the extent of liability for that relief.
SECTION 2. The changes in law made by this Act apply only to
the administration of a drug testing policy or a drug test on or
after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2019.