Bill Text: TX SB21 | 2013-2014 | 83rd Legislature | Engrossed
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-Engrossed.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-Engrossed.html
By: Williams, et al. | S.B. No. 21 |
|
||
|
||
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 Subsection (b-1) 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. | ||
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) 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 is determined to have failed a drug | ||
test under this subsection under a final determination or decision | ||
made by the commission under this section 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) Notwithstanding Subsection (b), 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; | ||
(2) the individual enrolls in and attends a treatment | ||
program for drug abuse not later than the seventh day after the date | ||
the individual receives initial notice of the failed drug test | ||
result; or | ||
(3) the failure to pass the test is caused by the use | ||
of a substance that was prescribed by a health care practitioner as | ||
medically necessary for the individual. | ||
(d) The commission by rule shall prescribe procedures for an | ||
appeal and the retaking of a failed drug test by an individual under | ||
this section. | ||
(e) The commission's procedures for an appeal and the | ||
retaking of a failed drug test under Subsection (d) must provide | ||
for: | ||
(1) the provision to each individual who fails a drug | ||
test under Subsection (b) of: | ||
(A) privacy with regard to the individual's test | ||
result for at least 10 days following the date the individual | ||
receives initial notice of the result during which the individual | ||
may appeal the result or retake the failed drug test; and | ||
(B) prompt notice regarding: | ||
(i) the manner in which the individual may | ||
appeal the result or retake the failed drug test; and | ||
(ii) common potential causes of a false | ||
positive test result; and | ||
(2) full payment by the commission of the costs of the | ||
retaking of failed drug tests by any individual who contests the | ||
individual's failed drug test as a false positive result and passes | ||
a subsequently taken test. | ||
(f) 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. |