89R9591 CJD-D
By: Bucy H.B. No. 1797
A BILL TO BE ENTITLED
AN ACT
relating to drug testing and prescription drug policies for
employees and independent contractors of state agencies and
political subdivisions regarding the medical use of low-THC
cannabis and hemp.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621. DRUG TESTING AND PRESCRIPTION DRUG POLICIES
Sec. 621.001. DEFINITIONS. In this chapter:
(1) "Drug test" means a technical analysis of an
individual's biological specimen to determine the presence or
absence of specified drugs or metabolites.
(2) "Hemp" has the meaning assigned by Section
121.001, Agriculture Code.
(3) "Low-THC cannabis" has the meaning assigned by
Section 169.001, Occupations Code.
(4) "Peace officer" means a person elected, employed,
or appointed as a peace officer under Article 2A.001, Code of
Criminal Procedure.
Sec. 621.002. EXCEPTIONS. This chapter does not apply to:
(1) a peace officer who is elected, employed, or
appointed by a state agency or a political subdivision of this
state; or
(2) an employee of a state agency or a political
subdivision of this state who is required to comply with United
States Department of Transportation drug testing regulations in
accordance with 49 C.F.R. Part 40.
Sec. 621.003. PROHIBITED DRUG TESTING AND PRESCRIPTION DRUG
POLICIES. A state agency or a political subdivision of this state
may not:
(1) establish a drug testing policy that requires an
employee or independent contractor of the agency or political
subdivision as a condition of employment or contract to submit to a
drug test to screen for the presence of cannabinoids;
(2) as a condition of employment or contract with the
agency or political subdivision, administer or require the
administration of a drug test to the employee or contractor to
screen for the presence of cannabinoids;
(3) establish for the employee or contractor as a
condition of employment or contract a negative test result for the
presence of cannabinoids; or
(4) prohibit an employee or contractor as a condition
of employment or contract from:
(A) prescribing or obtaining a prescription for
low-THC cannabis or using low-THC cannabis in accordance with
Chapter 169, Occupations Code; or
(B) using a consumable hemp product.
Sec. 621.004. MEDICAL PRIVACY. A state agency or a
political subdivision of this state may not question an employee
about the employee's use of low-THC cannabis or hemp and shall
comply with all relevant state and federal privacy laws, including
Chapter 181, Health and Safety Code, the Health Insurance
Portability and Accountability Act of 1996 (Pub. L. No. 104-191),
and regulations adopted under that Act.
Sec. 621.005. RELIEF AVAILABLE. (a) A person may assert an
actual or threatened violation of Section 621.003 or 621.004 as a
claim or defense in a judicial or administrative proceeding and
obtain:
(1) compensatory damages;
(2) injunctive relief;
(3) declaratory relief; and
(4) other appropriate relief, including reasonable
attorney's fees.
(b) Notwithstanding any other law, a person may commence an
action under this section and relief may be granted regardless of
whether the person sought or exhausted available administrative
remedies.
Sec. 621.006. IMMUNITY WAIVED. A person who alleges a
violation of Section 621.003 or 621.004 may sue the state agency or
political subdivision for the relief provided under Section
621.005. Sovereign or governmental immunity, as applicable, is
waived and abolished to the extent of liability for that relief.
SECTION 2. Chapter 621, Government Code, as added by this
Act, applies only to the administration of a drug testing or
prescription drug policy or of a drug test on or after the effective
date of this Act.
SECTION 3. This Act takes effect September 1, 2025.