Texas 2023 - 88th Regular

Texas House Bill HB1467 Compare Versions

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Version 2 (New)

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1	1	88R6755 YDB-D
2	2	By: Bucy H.B. No. 1467
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:
24	24	(1) an employee of a state agency or political
25	25	subdivision of this state who is required to comply with United
26	26	States Department of Transportation drug testing regulations in
27	27	accordance with 49 C.F.R. Part 40; or
28	28	(2) a peace officer described by Article 2.12, Code of
29	29	Criminal Procedure, who is elected, employed, or appointed as a
30	30	peace officer by a state agency or a political subdivision of this
31	31	state.
32	32	Sec. 620.003. PROHIBITED DRUG TESTING AND PRESCRIPTION DRUG
33	33	POLICIES. A state agency or a political subdivision of this state
34	34	may not:
35	35	(1) establish a drug testing policy that requires an
36	36	employee or independent contractor of the agency or political
37	37	subdivision as a condition of employment or contract to submit to a
38	38	drug test the intent of which is to screen for the presence of
39	39	cannabinoids;
40	40	(2) as a condition of employment or contract with the
41	41	agency or political subdivision, administer or require the
42	42	administration of a drug test to the employee or contractor the
43	43	intent of which is to screen for the presence of cannabinoids;
44	44	(3) establish for the employee or contractor as a
45	45	condition of employment or contract a test result that is negative
46	46	for the presence of cannabinoids; or
47	47	(4) prohibit an employee or contractor as a condition
48	48	of employment or contract from:
49	49	(A) prescribing or obtaining a prescription for
50	50	low-THC cannabis or using low-THC cannabis in accordance with
51	51	Chapter 169, Occupations Code; or
52	52	(B) using a consumable hemp product.
53	53	Sec. 620.004. MEDICAL PRIVACY. A state agency or a
54	54	political subdivision of this state may not question an employee
55	55	about the employee's use of low-THC cannabis or hemp and shall
56	56	comply with all relevant state and federal privacy laws, including
57	57	Chapter 181, Health and Safety Code, and the Health Insurance
58	58	Portability and Accountability Act of 1996 (Pub. L. No. 104-191)
59	59	and regulations adopted under that Act.
60	60	Sec. 620.005. RELIEF AVAILABLE. (a) A person may assert an
61	61	actual or threatened violation of Section 620.003 or 620.004 as a
62	62	claim or defense in a judicial or administrative proceeding and
63	63	obtain:
64	64	(1) compensatory damages;
65	65	(2) injunctive relief;
66	66	(3) declaratory relief; and
67	67	(4) other appropriate relief, including reasonable
68	68	attorney's fees.
69	69	(b) Notwithstanding any other law, a person may commence an
70	70	action under this section and relief may be granted regardless of
71	71	whether the person sought or exhausted available administrative
72	72	remedies.
73	73	Sec. 620.006. IMMUNITY WAIVED. A person who alleges a
74	74	violation of Section 620.003 or 620.004 may sue the state agency or
75	75	political subdivision for the relief provided under Section
76	76	620.005. Sovereign or governmental immunity, as applicable, is
77	77	waived and abolished to the extent of liability for that relief.
78	78	SECTION 2. Chapter 487, Health and Safety Code, is amended
79	79	by adding Subchapter A-1 to read as follows:
80	80	SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
81	81	Sec. 487.021. DEFINITION. In this subchapter, "authorized
82	82	medical use" means a medical use of a substance that is authorized
83	83	under:
84	84	(1) this chapter;
85	85	(2) Subchapter G, Chapter 481;
86	86	(3) Chapter 169, Occupations Code; or
87	87	(4) department rule.
88	88	Sec. 487.022. APPLICABILITY. The protections provided by
89	89	this subchapter apply to a person who is:
90	90	(1) a patient for whom authorized medical use is
91	91	prescribed under Chapter 169, Occupations Code, or the parent or
92	92	caregiver of the patient;
93	93	(2) a dispensing organization; or
94	94	(3) a director, manager, or employee of a dispensing
95	95	organization who is registered with the department under Section
96	96	487.053.
97	97	Sec. 487.023. PROTECTION FROM LEGAL ACTION.
98	98	Notwithstanding any other law, a person described by Section
99	99	487.022 is not subject to arrest, prosecution, or penalty in any
100	100	manner, or denial of any right or privilege, including any
101	101	administrative or civil penalty or disciplinary action imposed by a
102	102	court or state licensing board, for conduct involving authorized
103	103	medical use.
104	104	Sec. 487.024. PROHIBITED PRESUMPTION OF CHILD ABUSE,
105	105	NEGLECT, OR ENDANGERMENT. A person described by Section 487.022
106	106	may not be presumed to have engaged in conduct constituting child
107	107	abuse, neglect, or endangerment solely because the person engaged
108	108	in conduct involving authorized medical use.
109	109	Sec. 487.025. PROHIBITED DENIAL OF PARENTAL RIGHTS. The
110	110	fact that a person described by Section 487.022 engages in conduct
111	111	involving authorized medical use does not in itself constitute
112	112	grounds for denying, limiting, or restricting conservatorship or
113	113	possession of or access to a child under Title 5, Family Code.
114	114	Sec. 487.026. PROHIBITED SEIZURE OR FORFEITURE. Property
115	115	used in the cultivation, research, testing, processing,
116	116	distribution, transportation, and delivery of low-THC cannabis for
117	117	authorized medical use is not contraband for purposes of Chapter
118	118	59, Code of Criminal Procedure, and is not subject to seizure or
119	119	forfeiture under that chapter or other law solely for the use of the
120	120	property for the authorized activities.
121	121	Sec. 487.027. PROHIBITED PROSECUTION FOR PROVISION OF
122	122	PARAPHERNALIA. A person is not subject to arrest, prosecution, or
123	123	the imposition of any sentence or penalty for the delivery,
124	124	possession with intent to deliver, or manufacture of any item that
125	125	meets the definition of drug paraphernalia, as defined by Section
126	126	481.002, if that item is delivered, possessed with intent to
127	127	deliver, or manufactured for the sole purpose of providing that
128	128	item to:
129	129	(1) a person for whom authorized medical use is
130	130	prescribed under Chapter 169, Occupations Code; or
131	131	(2) a licensed dispensing organization.
132	132	Sec. 487.028. PROHIBITED DISCIPLINARY ACTION AGAINST
133	133	STUDENTS AND SCHOOL HEALTH CARE PROFESSIONALS. (a)
134	134	Notwithstanding any other law, a student for whom low-THC cannabis
135	135	is prescribed under Chapter 169, Occupations Code, may not be
136	136	subject to suspension, expulsion, placement in a disciplinary
137	137	alternative education program, or any other form of discipline
138	138	solely because the student possessed, used, or was prescribed
139	139	low-THC cannabis.
140	140	(b) Notwithstanding any other law, a school health care
141	141	professional assisting a student described by Subsection (a) in the
142	142	administration of low-THC cannabis may not be subject to any
143	143	disciplinary action solely because of the assistance.
144	144	SECTION 3. The changes in law made by this Act apply only to
145	145	the administration of a drug testing or prescription drug policy or
146	146	a drug test on or after the effective date of this Act.
147	147	SECTION 4. This Act takes effect September 1, 2023.