Bill Text: TX HB3149 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to drug testing and prescription drug policies and certain legal protections for employees and independent contractors of state agencies and political subdivisions and for other persons regarding the medical use of low-THC cannabis and hemp.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2021-03-19 - Referred to State Affairs [HB3149 Detail]

Download: Texas-2021-HB3149-Introduced.html

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87R9924 YDB-D
By: Bucy H.B. No. 3149

A BILL TO BE ENTITLED
AN ACT
relating to drug testing and prescription drug policies and certain
legal protections for employees and independent contractors of
state agencies and political subdivisions and for other persons
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 620 to read as follows:
CHAPTER 620. DRUG TESTING AND PRESCRIPTION DRUG POLICIES
Sec. 620.001. 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.
Sec. 620.002. EXCEPTIONS. This chapter does not apply to an
employee of a state agency or 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. 620.003. 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 the intent of which is 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 the
intent of which is to screen for the presence of cannabinoids;
(3) establish for the employee or contractor as a
condition of employment or contract a test result that is negative
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. 620.004. 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. 620.005. RELIEF AVAILABLE. (a) A person may assert an
actual or threatened violation of Section 620.003 or 620.004 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 has sought or exhausted available administrative
remedies.
Sec. 620.006. IMMUNITY WAIVED. A person who alleges a
violation of Section 620.003 or 620.004 may sue the state agency or
political subdivision for the relief provided under Section
620.005. Sovereign or governmental immunity, as applicable, is
waived and abolished to the extent of liability for that relief.
SECTION 2. Chapter 487, Health and Safety Code, is amended
by adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS
Sec. 487.021. DEFINITION. In this subchapter, "authorized
medical use" means a medical use of a substance that is authorized
under:
(1) this chapter;
(2) Subchapter G, Chapter 481;
(3) Chapter 169, Occupations Code; or
(4) department rule.
Sec. 487.022. APPLICABILITY. The protections provided by
this subchapter apply to a person who is:
(1) a patient for whom authorized medical use is
prescribed under Chapter 169, Occupations Code, or the parent or
caregiver of the patient;
(2) a dispensing organization; or
(3) a director, manager, or employee of a dispensing
organization who is registered with the department under Section
487.053.
Sec. 487.023. PROTECTION FROM LEGAL ACTION.
Notwithstanding any other law, a person described by Section
487.022 is not subject to arrest, prosecution, or penalty in any
manner, or denial of any right or privilege, including any
administrative or civil penalty or disciplinary action imposed by a
court or state licensing board, for conduct involving authorized
medical use.
Sec. 487.024. PROHIBITED PRESUMPTION OF CHILD ABUSE,
NEGLECT, OR ENDANGERMENT. A person described by Section 487.022
may not be presumed to have engaged in conduct constituting child
abuse, neglect, or endangerment solely because the person engaged
in conduct involving authorized medical use.
Sec. 487.025. PROHIBITED DENIAL OF PARENTAL RIGHTS. The
fact that a person described by Section 487.022 engages in conduct
involving authorized medical use does not in itself constitute
grounds for denying, limiting, or restricting conservatorship or
possession of or access to a child under Title 5, Family Code.
Sec. 487.026. PROHIBITED SEIZURE OR FORFEITURE. Property
used in the cultivation, research, testing, processing,
distribution, transportation, and delivery of low-THC cannabis for
authorized medical use is not contraband for purposes of Chapter
59, Code of Criminal Procedure, and is not subject to seizure or
forfeiture under that chapter or other law solely for the use of the
property for the authorized activities.
Sec. 487.027. PROHIBITED PROSECUTION FOR PROVISION OF
PARAPHERNALIA. A person is not subject to arrest, prosecution, or
the imposition of any sentence or penalty for the delivery,
possession with intent to deliver, or manufacture of any item that
meets the definition of drug paraphernalia, as defined by Section
481.002, if that item is delivered, possessed with intent to
deliver, or manufactured for the sole purpose of providing that
item to:
(1) a person for whom authorized medical use is
prescribed under Chapter 169, Occupations Code; or
(2) a licensed dispensing organization.
Sec. 487.028. PROHIBITED DISCIPLINARY ACTION AGAINST
STUDENT PATIENTS AND SCHOOL HEALTH CARE PROFESSIONALS. (a)
Notwithstanding any other law, a student for whom low-THC cannabis
is prescribed under Chapter 169, Occupations Code, may not be
subject to suspension, expulsion, placement in a disciplinary
alternative education program, or any other form of discipline
solely because the student possessed, used, or was prescribed
low-THC cannabis.
(b) Notwithstanding any other law, a school health care
professional assisting a student described by Subsection (a) in the
administration of low-THC cannabis may not be subject to any
disciplinary action solely because of the assistance.
SECTION 3. The changes in law made by this Act apply only to
the administration of a drug testing or prescription drug policy or
a drug test on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.