Texas 2021 - 87th Regular

Texas House Bill HB3149 Compare Versions

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

Old	New	Differences
1	1	87R9924 YDB-D
2	2	By: Bucy H.B. No. 3149
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to drug testing and prescription drug policies and certain
8	8	legal protections for employees and independent contractors of
9	9	state agencies and political subdivisions and for other persons
10	10	regarding the medical use of low-THC cannabis and hemp.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 6, Government Code, is amended
13	13	by adding Chapter 620 to read as follows:
14	14	CHAPTER 620. DRUG TESTING AND PRESCRIPTION DRUG POLICIES
15	15	Sec. 620.001. DEFINITIONS. In this chapter:
16	16	(1) "Drug test" means a technical analysis of an
17	17	individual's biological specimen to determine the presence or
18	18	absence of specified drugs or metabolites.
19	19	(2) "Hemp" has the meaning assigned by Section
20	20	121.001, Agriculture Code.
21	21	(3) "Low-THC cannabis" has the meaning assigned by
22	22	Section 169.001, Occupations Code.
23	23	Sec. 620.002. EXCEPTIONS. This chapter does not apply to an
24	24	employee of a state agency or political subdivision of this state
25	25	who is required to comply with United States Department of
26	26	Transportation drug testing regulations in accordance with 49
27	27	C.F.R. Part 40.
28	28	Sec. 620.003. PROHIBITED DRUG TESTING AND PRESCRIPTION DRUG
29	29	POLICIES. A state agency or a political subdivision of this state
30	30	may not:
31	31	(1) establish a drug testing policy that requires an
32	32	employee or independent contractor of the agency or political
33	33	subdivision as a condition of employment or contract to submit to a
34	34	drug test the intent of which is to screen for the presence of
35	35	cannabinoids;
36	36	(2) as a condition of employment or contract with the
37	37	agency or political subdivision, administer or require the
38	38	administration of a drug test to the employee or contractor the
39	39	intent of which is to screen for the presence of cannabinoids;
40	40	(3) establish for the employee or contractor as a
41	41	condition of employment or contract a test result that is negative
42	42	for the presence of cannabinoids; or
43	43	(4) prohibit an employee or contractor as a condition
44	44	of employment or contract from:
45	45	(A) prescribing or obtaining a prescription for
46	46	low-THC cannabis or using low-THC cannabis in accordance with
47	47	Chapter 169, Occupations Code; or
48	48	(B) using a consumable hemp product.
49	49	Sec. 620.004. MEDICAL PRIVACY. A state agency or a
50	50	political subdivision of this state may not question an employee
51	51	about the employee's use of low-THC cannabis or hemp and shall
52	52	comply with all relevant state and federal privacy laws, including
53	53	Chapter 181, Health and Safety Code, the Health Insurance
54	54	Portability and Accountability Act of 1996 (Pub. L. No. 104-191),
55	55	and regulations adopted under that Act.
56	56	Sec. 620.005. RELIEF AVAILABLE. (a) A person may assert an
57	57	actual or threatened violation of Section 620.003 or 620.004 as a
58	58	claim or defense in a judicial or administrative proceeding and
59	59	obtain:
60	60	(1) compensatory damages;
61	61	(2) injunctive relief;
62	62	(3) declaratory relief; and
63	63	(4) other appropriate relief, including reasonable
64	64	attorney's fees.
65	65	(b) Notwithstanding any other law, a person may commence an
66	66	action under this section and relief may be granted regardless of
67	67	whether the person has sought or exhausted available administrative
68	68	remedies.
69	69	Sec. 620.006. IMMUNITY WAIVED. A person who alleges a
70	70	violation of Section 620.003 or 620.004 may sue the state agency or
71	71	political subdivision for the relief provided under Section
72	72	620.005. Sovereign or governmental immunity, as applicable, is
73	73	waived and abolished to the extent of liability for that relief.
74	74	SECTION 2. Chapter 487, Health and Safety Code, is amended
75	75	by adding Subchapter A-1 to read as follows:
76	76	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
77	77	Sec. 487.021. DEFINITION. In this subchapter, "authorized
78	78	medical use" means a medical use of a substance that is authorized
79	79	under:
80	80	(1) this chapter;
81	81	(2) Subchapter G, Chapter 481;
82	82	(3) Chapter 169, Occupations Code; or
83	83	(4) department rule.
84	84	Sec. 487.022. APPLICABILITY. The protections provided by
85	85	this subchapter apply to a person who is:
86	86	(1) a patient for whom authorized medical use is
87	87	prescribed under Chapter 169, Occupations Code, or the parent or
88	88	caregiver of the patient;
89	89	(2) a dispensing organization; or
90	90	(3) a director, manager, or employee of a dispensing
91	91	organization who is registered with the department under Section
92	92	487.053.
93	93	Sec. 487.023. PROTECTION FROM LEGAL ACTION.
94	94	Notwithstanding any other law, a person described by Section
95	95	487.022 is not subject to arrest, prosecution, or penalty in any
96	96	manner, or denial of any right or privilege, including any
97	97	administrative or civil penalty or disciplinary action imposed by a
98	98	court or state licensing board, for conduct involving authorized
99	99	medical use.
100	100	Sec. 487.024. PROHIBITED PRESUMPTION OF CHILD ABUSE,
101	101	NEGLECT, OR ENDANGERMENT. A person described by Section 487.022
102	102	may not be presumed to have engaged in conduct constituting child
103	103	abuse, neglect, or endangerment solely because the person engaged
104	104	in conduct involving authorized medical use.
105	105	Sec. 487.025. PROHIBITED DENIAL OF PARENTAL RIGHTS. The
106	106	fact that a person described by Section 487.022 engages in conduct
107	107	involving authorized medical use does not in itself constitute
108	108	grounds for denying, limiting, or restricting conservatorship or
109	109	possession of or access to a child under Title 5, Family Code.
110	110	Sec. 487.026. PROHIBITED SEIZURE OR FORFEITURE. Property
111	111	used in the cultivation, research, testing, processing,
112	112	distribution, transportation, and delivery of low-THC cannabis for
113	113	authorized medical use is not contraband for purposes of Chapter
114	114	59, Code of Criminal Procedure, and is not subject to seizure or
115	115	forfeiture under that chapter or other law solely for the use of the
116	116	property for the authorized activities.
117	117	Sec. 487.027. PROHIBITED PROSECUTION FOR PROVISION OF
118	118	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
119	119	the imposition of any sentence or penalty for the delivery,
120	120	possession with intent to deliver, or manufacture of any item that
121	121	meets the definition of drug paraphernalia, as defined by Section
122	122	481.002, if that item is delivered, possessed with intent to
123	123	deliver, or manufactured for the sole purpose of providing that
124	124	item to:
125	125	(1) a person for whom authorized medical use is
126	126	prescribed under Chapter 169, Occupations Code; or
127	127	(2) a licensed dispensing organization.
128	128	Sec. 487.028. PROHIBITED DISCIPLINARY ACTION AGAINST
129	129	STUDENT PATIENTS AND SCHOOL HEALTH CARE PROFESSIONALS. (a)
130	130	Notwithstanding any other law, a student for whom low-THC cannabis
131	131	is prescribed under Chapter 169, Occupations Code, may not be
132	132	subject to suspension, expulsion, placement in a disciplinary
133	133	alternative education program, or any other form of discipline
134	134	solely because the student possessed, used, or was prescribed
135	135	low-THC cannabis.
136	136	(b) Notwithstanding any other law, a school health care
137	137	professional assisting a student described by Subsection (a) in the
138	138	administration of low-THC cannabis may not be subject to any
139	139	disciplinary action solely because of the assistance.
140	140	SECTION 3. The changes in law made by this Act apply only to
141	141	the administration of a drug testing or prescription drug policy or
142	142	a drug test on or after the effective date of this Act.
143	143	SECTION 4. This Act takes effect September 1, 2021.