Bill Text: TX HB3349 | 2019-2020 | 86th Legislature | Introduced

Texas House Bill 3349 (Prior Session Legislation)

Introduced

Bill Title: Relating to certain drug tests administered to employees and independent contractors of state agencies and political subdivisions.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-04-18 - Left pending in committee [HB3349 Detail]

Download: Texas-2019-HB3349-Introduced.html

	86R7947 YDB-D

	By: Bucy	H.B. No. 3349



	A BILL TO BE ENTITLED
	AN ACT
	relating to certain drug tests administered to employees and
	independent contractors of state agencies and political
	subdivisions.
	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
	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) "Peace officer" means a person elected, employed,
	or appointed as a peace officer under Article 2.12, Code of Criminal
	Procedure.
	Sec. 620.002. EXCEPTION. This chapter does not apply to a
	peace officer who is elected, employed, or appointed by a state
	agency or political subdivision of this state.
	Sec. 620.003. PROHIBITED DRUG TESTING. 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
	tetrahydrocannabinols or cannabidiol indicating the use of
	marihuana or low-THC cannabis;
	(2) administer or require the administration to the
	employee or contractor as a condition of employment or contract of a
	drug test the intent of which is to screen for the presence of
	tetrahydrocannabinols or cannabidiol indicating the use of
	marihuana or low-THC cannabis; or
	(3) establish for the employee or contractor as a
	condition of employment or contract a test result that is negative
	for the presence of tetrahydrocannabinols or cannabidiol.
	Sec. 620.004. RELIEF AVAILABLE. (a) A person may assert an
	actual or threatened violation of Section 620.003 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. 620.005. IMMUNITY WAIVED. A person who alleges a
	violation of Section 620.003 may sue the governmental entity for
	the relief provided under Section 620.004. Sovereign or
	governmental immunity, as applicable, is waived and abolished to
	the extent of liability for that relief.
	SECTION 2. The changes in law made by this Act apply only to
	the administration of a drug testing policy or a drug test on or
	after the effective date of this Act.
	SECTION 3. This Act takes effect September 1, 2019.