Texas 2019 - 86th Regular

Texas House Bill HB3349 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7947 YDB-D
2	2	By: Bucy H.B. No. 3349
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain drug tests administered to employees and
8	8	independent contractors of state agencies and political
9	9	subdivisions.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle A, Title 6, Government Code, is amended
12	12	by adding Chapter 620 to read as follows:
13	13	CHAPTER 620. DRUG TESTING
14	14	Sec. 620.001. DEFINITIONS. In this chapter:
15	15	(1) "Drug test" means a technical analysis of an
16	16	individual's biological specimen to determine the presence or
17	17	absence of specified drugs or metabolites.
18	18	(2) "Peace officer" means a person elected, employed,
19	19	or appointed as a peace officer under Article 2.12, Code of Criminal
20	20	Procedure.
21	21	Sec. 620.002. EXCEPTION. This chapter does not apply to a
22	22	peace officer who is elected, employed, or appointed by a state
23	23	agency or political subdivision of this state.
24	24	Sec. 620.003. PROHIBITED DRUG TESTING. A state agency or a
25	25	political subdivision of this state may not:
26	26	(1) establish a drug testing policy that requires an
27	27	employee or independent contractor of the agency or political
28	28	subdivision as a condition of employment or contract to submit to a
29	29	drug test the intent of which is to screen for the presence of
30	30	tetrahydrocannabinols or cannabidiol indicating the use of
31	31	marihuana or low-THC cannabis;
32	32	(2) administer or require the administration to the
33	33	employee or contractor as a condition of employment or contract of a
34	34	drug test the intent of which is to screen for the presence of
35	35	tetrahydrocannabinols or cannabidiol indicating the use of
36	36	marihuana or low-THC cannabis; or
37	37	(3) establish for the employee or contractor as a
38	38	condition of employment or contract a test result that is negative
39	39	for the presence of tetrahydrocannabinols or cannabidiol.
40	40	Sec. 620.004. RELIEF AVAILABLE. (a) A person may assert an
41	41	actual or threatened violation of Section 620.003 as a claim or
42	42	defense in a judicial or administrative proceeding and obtain:
43	43	(1) compensatory damages;
44	44	(2) injunctive relief;
45	45	(3) declaratory relief; and
46	46	(4) other appropriate relief, including reasonable
47	47	attorney's fees.
48	48	(b) Notwithstanding any other law, a person may commence an
49	49	action under this section and relief may be granted regardless of
50	50	whether the person has sought or exhausted available administrative
51	51	remedies.
52	52	Sec. 620.005. IMMUNITY WAIVED. A person who alleges a
53	53	violation of Section 620.003 may sue the governmental entity for
54	54	the relief provided under Section 620.004. Sovereign or
55	55	governmental immunity, as applicable, is waived and abolished to
56	56	the extent of liability for that relief.
57	57	SECTION 2. The changes in law made by this Act apply only to
58	58	the administration of a drug testing policy or a drug test on or
59	59	after the effective date of this Act.
60	60	SECTION 3. This Act takes effect September 1, 2019.