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A BILL TO BE ENTITLED
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AN ACT
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relating to required drug testing for applicants and recipients of |
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unemployment compensation benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 207.021, Labor Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In addition to meeting the requirements of Subsections |
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(a)-(c), to be eligible to receive benefits under this subtitle a |
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claimant must comply with Section 207.026. |
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SECTION 2. Subchapter B, Chapter 207, Labor Code, is |
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amended by adding Section 207.026 to read as follows: |
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Sec. 207.026. REQUIRED DRUG TESTING; DISQUALIFICATION FOR |
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BENEFITS. (a) Each individual who files a claim for benefits under |
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Chapter 208 or receives benefits under this subtitle must submit to |
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drug testing as provided by this section. |
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(b) The commission by rule shall adopt a drug testing |
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program as part of the requirements for the receipt of benefits |
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under this subtitle. The program must: |
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(1) comply with the drug testing requirements of 49 |
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C.F.R. Part 382 or other similar national requirements for drug |
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testing programs recognized by the commission; and |
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(2) be designed to protect the rights of benefit |
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applicants and recipients. |
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(c) Each individual who files an initial claim under Section |
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208.001 must successfully pass a drug test conducted by the |
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commission before being eligible to receive benefits. |
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(d) If an individual who is receiving benefits under this |
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subtitle applies for employment with an employer who requires a |
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preemployment drug test and the individual fails the drug test, the |
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individual must disclose the results of that test to the commission |
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in the manner prescribed by the commission. The individual must |
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disclose the test results within 72 hours of receipt by the |
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individual of the notice that the individual failed the drug test. |
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Except as provided by Subsection (f), an individual described by |
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this subsection who fails a preemployment drug test is disqualified |
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for benefits under this subtitle until the individual meets the |
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requirements of Subsection (e). |
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(e) An applicant for or recipient of benefits who does not |
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successfully pass a drug test required under this section is |
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disqualified for benefits. Disqualification under this section |
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continues until the individual has returned to employment and: |
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(1) worked for six weeks; or |
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(2) earned wages equal to six times the individual's |
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benefit amount. |
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(f) Notwithstanding Subsection (d) or (e), an individual is |
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not disqualified for benefits based on a failure to successfully |
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pass a drug test required by this section if, on the basis of |
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evidence presented by the individual, the commission finds that: |
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(1) the individual is participating in a treatment |
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program for drug abuse; or |
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(2) the failure to pass the drug test is caused by the |
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use of a drug that was prescribed by a physician as medically |
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necessary for the individual. |
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(g) Notwithstanding Subsection (f), an individual who fails |
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to report test results to the commission as required by Subsection |
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(d) must repay the commission for any benefits received under this |
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subtitle from the date on which the individual knows or should have |
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known that the individual failed the preemployment drug test until |
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the date on which the commission receives notice that the |
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individual failed the preemployment drug test. |
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SECTION 3. The change in law made by this Act applies only |
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to a claim for unemployment compensation benefits that is filed |
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with the Texas Workforce Commission on or after March 1, 2012. |
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SECTION 4. This Act takes effect September 1, 2011. |