Texas 2021 - 87th Regular

Texas House Bill HB4171 Compare Versions

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

Old	New	Differences
1	1	87R272 KFF-D
2	2	By: Middleton H.B. No. 4171
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to drug testing members of the legislature to establish or
8	8	maintain eligibility for membership in the elected class of the
9	9	Employees Retirement System of Texas.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 812.002(a), Government Code, is amended
12	12	to read as follows:
13	13	(a) Membership in the elected class of the retirement system
14	14	is limited to:
15	15	(1) persons who hold state offices that are normally
16	16	filled by statewide election and that are not included in the
17	17	coverage of the Judicial Retirement System of Texas Plan One or the
18	18	Judicial Retirement System of Texas Plan Two;
19	19	(2) subject to Section 812.0051(e), members of the
20	20	legislature; and
21	21	(3) district and criminal district attorneys, to the
22	22	extent that they receive salaries from the state general revenue
23	23	fund.
24	24	SECTION 2. Section 812.005(a), Government Code, is amended
25	25	to read as follows:
26	26	(a) A person's membership in the retirement system is
27	27	terminated by:
28	28	(1) death of the person;
29	29	(2) retirement based on service credited in all
30	30	classes of membership in which the person has service credit; [or]
31	31	(3) application of Section 812.0051(e); or
32	32	(4) withdrawal of all of the person's accumulated
33	33	contributions.
34	34	SECTION 3. Subchapter A, Chapter 812, Government Code, is
35	35	amended by adding Sections 812.0051 and 812.0052 to read as
36	36	follows:
37	37	Sec. 812.0051. DRUG TESTING OF LEGISLATORS; TERMINATION OF
38	38	MEMBERSHIP. (a) In this section, "controlled substance" and
39	39	"marihuana" have the meanings assigned by Chapter 481, Health and
40	40	Safety Code.
41	41	(b) This section applies to a member of the legislature who:
42	42	(1) is first eligible to become a member of the elected
43	43	class on or after September 1, 2021; or
44	44	(2) on September 1, 2021, has less than eight years of
45	45	service credit in the elected class.
46	46	(c) The board of trustees by rule shall establish a drug
47	47	screening and testing program designed to screen and test members
48	48	of the legislature for unlawful marihuana or controlled substance
49	49	use during a legislative session. The program must:
50	50	(1) require that, at the beginning of each legislative
51	51	session or as soon as practicable after a member's term begins
52	52	during a legislative session, each member submit to a marihuana and
53	53	controlled substance use screening assessment developed and
54	54	administered by or on behalf of the system;
55	55	(2) require that a member submit to a drug test if the
56	56	screening assessment described by Subdivision (1) indicates good
57	57	cause to suspect the member of unlawful marihuana or controlled
58	58	substance use; and
59	59	(3) prescribe procedures for:
60	60	(A) providing initial notice to a member who
61	61	fails a drug test;
62	62	(B) providing any member who fails a drug test
63	63	with the immediate opportunity to appeal and retake the drug test;
64	64	and
65	65	(C) making a formal, final determination
66	66	regarding whether a member has failed a drug test.
67	67	(d) The marihuana and controlled substance use screening
68	68	assessment described by Subsection (c)(1) must:
69	69	(1) consist of a written questionnaire to be completed
70	70	by the member of the legislature; and
71	71	(2) be designed to accurately determine the reasonable
72	72	likelihood that a person responding to the questionnaire is
73	73	unlawfully using marihuana or a controlled substance.
74	74	(e) A member of the legislature is not eligible to become a
75	75	member of the elected class or, if the member of the legislature is
76	76	already a member of the elected class, the member's membership
77	77	terminates if:
78	78	(1) the member fails or refuses to comply with the
79	79	requirements of the drug screening and testing program established
80	80	under this section; or
81	81	(2) the system makes a final determination that the
82	82	member failed a drug test administered under this section.
83	83	(f) Notwithstanding any other law, a person who is
84	84	determined not eligible for membership in the elected class or
85	85	whose membership in the retirement system is terminated under this
86	86	section may not join or rejoin the retirement system, as
87	87	applicable, as a member of the elected class.
88	88	(g) The board of trustees shall adopt rules necessary to
89	89	implement this section.
90	90	Sec. 812.0052. DRUG TESTING OF LEGISLATORS; SUSPENSION OF
91	91	MEMBERSHIP. (a) This section applies to a member of the
92	92	legislature who on September 1, 2021, has eight or more years of
93	93	service credit in the elected class.
94	94	(b) Each member of the legislature subject to this section
95	95	shall submit to the drug screening and testing program established
96	96	under Section 812.0051 at the beginning of each legislative
97	97	session.
98	98	(c) Notwithstanding any other law, a member of the
99	99	legislature's membership in the elected class is suspended if:
100	100	(1) the member fails or refuses to comply with the
101	101	requirements of the drug screening and testing program established
102	102	under Section 812.0051; or
103	103	(2) the system makes a final determination that the
104	104	member failed a drug test administered under that section.
105	105	(d) If a member of the legislature's membership in the
106	106	elected class is suspended under Subsection (c) of this section:
107	107	(1) the member may not make additional employee
108	108	contributions to or accrue additional service credit in the
109	109	retirement system; and
110	110	(2) the state shall cease contributions attributable
111	111	to service performed by the member on or after the date of the
112	112	suspension.
113	113	(e) This section does not prohibit a member of the elected
114	114	class from retiring and receiving a service retirement annuity that
115	115	is based, wholly or partly, on service credit earned in that class
116	116	before the date of the member's suspension.
117	117	(f) The board of trustees shall adopt rules necessary to
118	118	implement this section.
119	119	SECTION 4. Not later than January 1, 2022, the board of
120	120	trustees of the Employees Retirement System of Texas shall adopt
121	121	rules necessary to implement Sections 812.0051 and 812.0052,
122	122	Government Code, as added by this Act.
123	123	SECTION 5. This Act takes effect September 1, 2021.