Texas House Bill HB196

Texas 2025 - 89th 2nd C.S.

• Filed: 8/18/25

Caption

Relating to admissibility of certain evidence against employers for employee use of THC.

Impact

The impact of HB196 is notable as it changes the landscape of employer liability concerning employee cannabis use. Under this bill, an employer would not be held liable for an employee’s conduct related to cannabis use unless they had prior knowledge of the employee’s usage and the intoxication level prior to the incident became foreseeable. This change aims to alleviate some of the concerns employers may have regarding liability issues, thereby promoting a more open environment for workers using low-THC cannabis for medical reasons. Consequently, it might influence workplace policies and discussions on employee rights around substance use in the workplace.

Summary

House Bill 196 amends the Civil Practice and Remedies Code by introducing Chapter 142B, which pertains to the admissibility of evidence against employers regarding employees' use of low-THC cannabis. The bill specifically addresses situations where an employee's medical use of low-THC cannabis is claimed to have contributed to an injury, death, or property damage within the workplace. It seeks to limit the circumstances under which employers can be held liable for these incidents by establishing that evidence of THC presence cannot be admitted unless certain conditions are met. The overarching goal is to provide protections for employees legally using low-THC cannabis as medication while clarifying employer responsibilities and liabilities in civil actions.

Contention

While the bill aims to protect both employees and employers, there are concerns regarding its implications on workplace safety and employee rights. Critics may argue that the bill could undermine accountability for employers regarding incidents linked to employee intoxication. There is also the potential for confusion around what constitutes 'reasonable intervention' from employers, as the definitions provided within the bill may lead to varying interpretations in legal proceedings. As such, the discussion surrounding this bill is likely to highlight the balance between protecting employee rights under medical cannabis laws and ensuring the safety and liability concerns of employers.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

• Chapter 6. Governmental Exemption From Bond And Security Requirements
  • Section: New Section

Occupations Code

• Chapter 169. Authority To Prescribe Low-thc Cannabis To Certain Patients For Compassionate Use
  • Section: 001