Bill Text: TX HB1797 | 2025-2026 | 89th Legislature | Introduced
Bill Title: 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.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-14 - Referred to State Affairs [HB1797 Detail]
Download: Texas-2025-HB1797-Introduced.html
| 89R9591 CJD-D | ||
| By: Bucy | H.B. No. 1797 | |
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| 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. | ||
