Bill Text: TX SB21 | 2013-2014 | 83rd Legislature | Enrolled
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-Enrolled.html
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. This Act shall be known as the Ken Legler Act. | ||
SECTION 2. 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 3. 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 fails a drug test required under this | ||
subsection under a final determination or decision 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 | ||
ineligible to receive 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, subject to Section | ||
207.021(a)(4): | ||
(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 | ||
initial notice of the failed drug test is sent to the individual; 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 shall prescribe procedures for providing | ||
initial notice to an individual who fails a drug test under | ||
Subsection (b), for an appeal under Chapter 212, and for the | ||
retaking of a failed drug test by an individual under this section. | ||
The procedures must provide: | ||
(1) for prompt initial notice by mail to an individual | ||
who fails a drug test under Subsection (b) regarding: | ||
(A) the fact of the individual's failure of the | ||
drug test; | ||
(B) the manner in which the individual may notify | ||
the commission that the individual has enrolled in and is attending | ||
a treatment program for drug abuse; | ||
(C) the manner in which the individual may appeal | ||
and retake the failed drug test; and | ||
(D) common potential causes of a false positive | ||
test result; | ||
(2) for privacy with regard to the individual's drug | ||
test result until not later than the 14th day after the date the | ||
initial notice of the failed drug test was mailed to the individual | ||
during which time the individual may appeal and retake the failed | ||
drug test; and | ||
(3) that a determination or decision that an | ||
individual has failed a drug test under this section becomes final | ||
on: | ||
(A) the 15th day after the date the initial | ||
notice of the failed drug test was mailed to the individual if the | ||
individual does not appeal and retake the individual's failed drug | ||
test as provided by this section; or | ||
(B) the date that a retest conducted pursuant to | ||
an appeal by the individual as provided by this section confirms the | ||
positive drug test result. | ||
(e) 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 4. 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 5. 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 6. This Act takes effect September 1, 2013. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 21 passed the Senate on | ||
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendments on May 25, 2013, by the | ||
following vote: Yeas 30, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 21 passed the House, with | ||
amendments, on May 22, 2013, by the following vote: Yeas 104, | ||
Nays 42, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |