87R272 KFF-D
By: Middleton H.B. No. 4171
A BILL TO BE ENTITLED
AN ACT
relating to drug testing members of the legislature to establish or
maintain eligibility for membership in the elected class of the
Employees Retirement System of Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 812.002(a), Government Code, is amended
to read as follows:
(a) Membership in the elected class of the retirement system
is limited to:
(1) persons who hold state offices that are normally
filled by statewide election and that are not included in the
coverage of the Judicial Retirement System of Texas Plan One or the
Judicial Retirement System of Texas Plan Two;
(2) subject to Section 812.0051(e), members of the
legislature; and
(3) district and criminal district attorneys, to the
extent that they receive salaries from the state general revenue
fund.
SECTION 2. Section 812.005(a), Government Code, is amended
to read as follows:
(a) A person's membership in the retirement system is
terminated by:
(1) death of the person;
(2) retirement based on service credited in all
classes of membership in which the person has service credit; [or]
(3) application of Section 812.0051(e); or
(4) withdrawal of all of the person's accumulated
contributions.
SECTION 3. Subchapter A, Chapter 812, Government Code, is
amended by adding Sections 812.0051 and 812.0052 to read as
follows:
Sec. 812.0051. DRUG TESTING OF LEGISLATORS; TERMINATION OF
MEMBERSHIP. (a) In this section, "controlled substance" and
"marihuana" have the meanings assigned by Chapter 481, Health and
Safety Code.
(b) This section applies to a member of the legislature who:
(1) is first eligible to become a member of the elected
class on or after September 1, 2021; or
(2) on September 1, 2021, has less than eight years of
service credit in the elected class.
(c) The board of trustees by rule shall establish a drug
screening and testing program designed to screen and test members
of the legislature for unlawful marihuana or controlled substance
use during a legislative session. The program must:
(1) require that, at the beginning of each legislative
session or as soon as practicable after a member's term begins
during a legislative session, each member submit to a marihuana and
controlled substance use screening assessment developed and
administered by or on behalf of the system;
(2) require that a member submit to a drug test if the
screening assessment described by Subdivision (1) indicates good
cause to suspect the member of unlawful marihuana or controlled
substance use; and
(3) prescribe procedures for:
(A) providing initial notice to a member who
fails a drug test;
(B) providing any member who fails a drug test
with the immediate opportunity to appeal and retake the drug test;
and
(C) making a formal, final determination
regarding whether a member has failed a drug test.
(d) The marihuana and controlled substance use screening
assessment described by Subsection (c)(1) must:
(1) consist of a written questionnaire to be completed
by the member of the legislature; and
(2) be designed to accurately determine the reasonable
likelihood that a person responding to the questionnaire is
unlawfully using marihuana or a controlled substance.
(e) A member of the legislature is not eligible to become a
member of the elected class or, if the member of the legislature is
already a member of the elected class, the member's membership
terminates if:
(1) the member fails or refuses to comply with the
requirements of the drug screening and testing program established
under this section; or
(2) the system makes a final determination that the
member failed a drug test administered under this section.
(f) Notwithstanding any other law, a person who is
determined not eligible for membership in the elected class or
whose membership in the retirement system is terminated under this
section may not join or rejoin the retirement system, as
applicable, as a member of the elected class.
(g) The board of trustees shall adopt rules necessary to
implement this section.
Sec. 812.0052. DRUG TESTING OF LEGISLATORS; SUSPENSION OF
MEMBERSHIP. (a) This section applies to a member of the
legislature who on September 1, 2021, has eight or more years of
service credit in the elected class.
(b) Each member of the legislature subject to this section
shall submit to the drug screening and testing program established
under Section 812.0051 at the beginning of each legislative
session.
(c) Notwithstanding any other law, a member of the
legislature's membership in the elected class is suspended if:
(1) the member fails or refuses to comply with the
requirements of the drug screening and testing program established
under Section 812.0051; or
(2) the system makes a final determination that the
member failed a drug test administered under that section.
(d) If a member of the legislature's membership in the
elected class is suspended under Subsection (c) of this section:
(1) the member may not make additional employee
contributions to or accrue additional service credit in the
retirement system; and
(2) the state shall cease contributions attributable
to service performed by the member on or after the date of the
suspension.
(e) This section does not prohibit a member of the elected
class from retiring and receiving a service retirement annuity that
is based, wholly or partly, on service credit earned in that class
before the date of the member's suspension.
(f) The board of trustees shall adopt rules necessary to
implement this section.
SECTION 4. Not later than January 1, 2022, the board of
trustees of the Employees Retirement System of Texas shall adopt
rules necessary to implement Sections 812.0051 and 812.0052,
Government Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.