| 1 | 1 | | 89R9591 CJD-D |
|---|
| 2 | 2 | | By: Bucy H.B. No. 1797 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to drug testing and prescription drug policies for |
|---|
| 10 | 10 | | employees and independent contractors of state agencies and |
|---|
| 11 | 11 | | political subdivisions regarding the medical use of low-THC |
|---|
| 12 | 12 | | cannabis and hemp. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Subtitle A, Title 6, Government Code, is amended |
|---|
| 15 | 15 | | by adding Chapter 621 to read as follows: |
|---|
| 16 | 16 | | CHAPTER 621. DRUG TESTING AND PRESCRIPTION DRUG POLICIES |
|---|
| 17 | 17 | | Sec. 621.001. DEFINITIONS. In this chapter: |
|---|
| 18 | 18 | | (1) "Drug test" means a technical analysis of an |
|---|
| 19 | 19 | | individual's biological specimen to determine the presence or |
|---|
| 20 | 20 | | absence of specified drugs or metabolites. |
|---|
| 21 | 21 | | (2) "Hemp" has the meaning assigned by Section |
|---|
| 22 | 22 | | 121.001, Agriculture Code. |
|---|
| 23 | 23 | | (3) "Low-THC cannabis" has the meaning assigned by |
|---|
| 24 | 24 | | Section 169.001, Occupations Code. |
|---|
| 25 | 25 | | (4) "Peace officer" means a person elected, employed, |
|---|
| 26 | 26 | | or appointed as a peace officer under Article 2A.001, Code of |
|---|
| 27 | 27 | | Criminal Procedure. |
|---|
| 28 | 28 | | Sec. 621.002. EXCEPTIONS. This chapter does not apply to: |
|---|
| 29 | 29 | | (1) a peace officer who is elected, employed, or |
|---|
| 30 | 30 | | appointed by a state agency or a political subdivision of this |
|---|
| 31 | 31 | | state; or |
|---|
| 32 | 32 | | (2) an employee of a state agency or a political |
|---|
| 33 | 33 | | subdivision of this state who is required to comply with United |
|---|
| 34 | 34 | | States Department of Transportation drug testing regulations in |
|---|
| 35 | 35 | | accordance with 49 C.F.R. Part 40. |
|---|
| 36 | 36 | | Sec. 621.003. PROHIBITED DRUG TESTING AND PRESCRIPTION DRUG |
|---|
| 37 | 37 | | POLICIES. A state agency or a political subdivision of this state |
|---|
| 38 | 38 | | may not: |
|---|
| 39 | 39 | | (1) establish a drug testing policy that requires an |
|---|
| 40 | 40 | | employee or independent contractor of the agency or political |
|---|
| 41 | 41 | | subdivision as a condition of employment or contract to submit to a |
|---|
| 42 | 42 | | drug test to screen for the presence of cannabinoids; |
|---|
| 43 | 43 | | (2) as a condition of employment or contract with the |
|---|
| 44 | 44 | | agency or political subdivision, administer or require the |
|---|
| 45 | 45 | | administration of a drug test to the employee or contractor to |
|---|
| 46 | 46 | | screen for the presence of cannabinoids; |
|---|
| 47 | 47 | | (3) establish for the employee or contractor as a |
|---|
| 48 | 48 | | condition of employment or contract a negative test result for the |
|---|
| 49 | 49 | | presence of cannabinoids; or |
|---|
| 50 | 50 | | (4) prohibit an employee or contractor as a condition |
|---|
| 51 | 51 | | of employment or contract from: |
|---|
| 52 | 52 | | (A) prescribing or obtaining a prescription for |
|---|
| 53 | 53 | | low-THC cannabis or using low-THC cannabis in accordance with |
|---|
| 54 | 54 | | Chapter 169, Occupations Code; or |
|---|
| 55 | 55 | | (B) using a consumable hemp product. |
|---|
| 56 | 56 | | Sec. 621.004. MEDICAL PRIVACY. A state agency or a |
|---|
| 57 | 57 | | political subdivision of this state may not question an employee |
|---|
| 58 | 58 | | about the employee's use of low-THC cannabis or hemp and shall |
|---|
| 59 | 59 | | comply with all relevant state and federal privacy laws, including |
|---|
| 60 | 60 | | Chapter 181, Health and Safety Code, the Health Insurance |
|---|
| 61 | 61 | | Portability and Accountability Act of 1996 (Pub. L. No. 104-191), |
|---|
| 62 | 62 | | and regulations adopted under that Act. |
|---|
| 63 | 63 | | Sec. 621.005. RELIEF AVAILABLE. (a) A person may assert an |
|---|
| 64 | 64 | | actual or threatened violation of Section 621.003 or 621.004 as a |
|---|
| 65 | 65 | | claim or defense in a judicial or administrative proceeding and |
|---|
| 66 | 66 | | obtain: |
|---|
| 67 | 67 | | (1) compensatory damages; |
|---|
| 68 | 68 | | (2) injunctive relief; |
|---|
| 69 | 69 | | (3) declaratory relief; and |
|---|
| 70 | 70 | | (4) other appropriate relief, including reasonable |
|---|
| 71 | 71 | | attorney's fees. |
|---|
| 72 | 72 | | (b) Notwithstanding any other law, a person may commence an |
|---|
| 73 | 73 | | action under this section and relief may be granted regardless of |
|---|
| 74 | 74 | | whether the person sought or exhausted available administrative |
|---|
| 75 | 75 | | remedies. |
|---|
| 76 | 76 | | Sec. 621.006. IMMUNITY WAIVED. A person who alleges a |
|---|
| 77 | 77 | | violation of Section 621.003 or 621.004 may sue the state agency or |
|---|
| 78 | 78 | | political subdivision for the relief provided under Section |
|---|
| 79 | 79 | | 621.005. Sovereign or governmental immunity, as applicable, is |
|---|
| 80 | 80 | | waived and abolished to the extent of liability for that relief. |
|---|
| 81 | 81 | | SECTION 2. Chapter 621, Government Code, as added by this |
|---|
| 82 | 82 | | Act, applies only to the administration of a drug testing or |
|---|
| 83 | 83 | | prescription drug policy or of a drug test on or after the effective |
|---|
| 84 | 84 | | date of this Act. |
|---|
| 85 | 85 | | SECTION 3. This Act takes effect September 1, 2025. |
|---|