Bill Text: TX SB21 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to drug screening or testing as a condition for the receipt of unemployment compensation benefits by certain individuals.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB21 Detail]
Download: Texas-2013-SB21-Introduced.html
Bill Title: Relating to drug screening or testing as a condition for the receipt of unemployment compensation benefits by certain individuals.
Spectrum: Partisan Bill (Republican 18-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB21 Detail]
Download: Texas-2013-SB21-Introduced.html
83R5235 KSD-F | ||
By: Williams | S.B. No. 21 |
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relating to drug screening or testing as a condition for the receipt | ||
of unemployment compensation benefits by certain individuals. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 207.021, Labor Code, is amended by | ||
adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) An individual for whom suitable work is available only | ||
in an occupation designated by United States Department of Labor | ||
regulation as an occupation that regularly conducts preemployment | ||
drug testing is available for work for purposes of Subsection | ||
(a)(4) only if the individual complies with the applicable | ||
requirements of the drug screening and testing program administered | ||
by the commission under Section 207.026. The commission shall | ||
adopt rules for determining the type of work that is suitable for an | ||
individual for purposes of this subsection. | ||
(b-2) An individual receiving benefits under this subtitle | ||
who applies for employment with an employer that requires | ||
preemployment drug testing and fails that test is not available for | ||
work for purposes of Subsection (a)(4) and is not eligible to | ||
continue to receive benefits under this subtitle until the | ||
individual has complied with the applicable requirements of the | ||
drug screening and testing program administered by the commission | ||
under Section 207.026. | ||
SECTION 2. Subchapter B, Chapter 207, Labor Code, is | ||
amended by adding Section 207.026 to read as follows: | ||
Sec. 207.026. DRUG SCREENING OR TESTING AS CONDITION OF | ||
BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. (a) | ||
The commission by rule shall adopt a drug screening and testing | ||
program as part of the requirements for the receipt of benefits | ||
under this subtitle by an individual to whom Section 207.021(b-1) | ||
or (b-2) applies. The program must: | ||
(1) comply with the drug testing requirements of 49 | ||
C.F.R. Part 382 or other similar national requirements for drug | ||
testing programs recognized by the commission; and | ||
(2) be designed to protect the rights of benefit | ||
applicants and recipients. | ||
(b) Under the program, each individual to whom Section | ||
207.021(b-1) applies who files an initial claim must submit to and | ||
pass a drug screening assessment developed and administered by or | ||
on behalf of the commission for purposes of this subsection as a | ||
prerequisite to receiving benefits under this subtitle. The | ||
assessment tool used under this subsection must consist of a | ||
written questionnaire to be completed by the individual applying | ||
for benefits and must be designed to accurately determine the | ||
reasonable likelihood that an individual is using a substance that | ||
is subject to regulation under Chapter 481, Health and Safety Code. | ||
An individual whose drug screening assessment indicates a | ||
reasonable likelihood of use by the individual of a substance | ||
subject to regulation under that chapter must submit to and pass a | ||
drug test administered by or on behalf of the commission to | ||
establish the individual's eligibility for benefits under this | ||
subtitle. An individual who fails a drug test under this subsection | ||
is not eligible to receive benefits under this subtitle until the | ||
individual has passed a subsequent drug test administered by or on | ||
behalf of the commission not earlier than four weeks after the date | ||
the individual submitted to the failed drug test. | ||
(c) Under the program, each individual to whom Section | ||
207.021(b-2) applies must disclose the individual's failure of an | ||
employer-required preemployment drug test to the commission in the | ||
manner prescribed by the commission for purposes of this subsection | ||
within 72 hours of receipt by the individual of the notice that the | ||
individual failed the test. The individual is disqualified from | ||
continuing to receive benefits under this subtitle until the | ||
individual has satisfied the eligibility conditions prescribed by | ||
Subsection (b) for an individual who has failed a drug test | ||
administered under that subsection. | ||
(d) An individual who fails to report test results to the | ||
commission as required by Subsection (c) must repay the commission | ||
the amount of any benefits received by the individual under this | ||
subtitle for a benefit period between: | ||
(1) the date on which the individual knows or should | ||
have known that the individual failed the employer-required | ||
preemployment drug test; and | ||
(2) the date on which the commission receives notice | ||
that the individual failed that test. | ||
(e) Notwithstanding Subsection (b) or (c), an individual is | ||
not disqualified from receiving benefits based on the individual's | ||
failure to pass a drug test if, on the basis of evidence presented | ||
by the individual, the commission determines that: | ||
(1) the individual is participating in a treatment | ||
program for drug abuse; or | ||
(2) the failure to pass the test is caused by the use | ||
of a substance that was prescribed by a physician as medically | ||
necessary for the individual. | ||
(f) The commission by rule shall prescribe procedures for an | ||
appeal and the retaking of a failed drug test by an individual under | ||
this section. | ||
(g) The commission shall administer the program under this | ||
section using existing administrative funds and any funds | ||
appropriated to the commission for the purposes of this section. | ||
SECTION 3. The changes in law made by this Act apply only to | ||
a claim for unemployment compensation benefits that is filed with | ||
the Texas Workforce Commission on or after February 1, 2014. | ||
SECTION 4. If before implementing any provision of this Act | ||
a state agency determines that a waiver or authorization from a | ||
federal agency is necessary for implementation of that provision, | ||
the agency affected by the provision shall request the waiver or | ||
authorization and may delay implementing that provision until the | ||
waiver or authorization is granted. | ||
SECTION 5. This Act takes effect September 1, 2013. |