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A BILL TO BE ENTITLED
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AN ACT
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relating to drug screening or testing as a condition for the receipt |
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of unemployment compensation benefits by certain individuals. |
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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 (b-1) to read as follows: |
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(b-1) An individual for whom suitable work is available only |
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in an occupation designated by United States Department of Labor |
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regulation as an occupation that regularly conducts preemployment |
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drug testing is available for work for purposes of Subsection |
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(a)(4) only if the individual complies with the applicable |
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requirements of the drug screening and testing program administered |
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by the commission under Section 207.026. The commission shall |
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adopt rules for determining the type of work that is suitable for an |
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individual for purposes of this subsection. |
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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. DRUG SCREENING OR TESTING AS CONDITION OF |
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BENEFIT ELIGIBILITY FOR CERTAIN APPLICANTS AND RECIPIENTS. |
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(a) The commission by rule shall adopt a drug screening and |
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testing program as part of the requirements for the receipt of |
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benefits under this subtitle by an individual to whom Section |
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207.021(b-1) applies. 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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(b) Under the program, each individual to whom Section |
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207.021(b-1) applies who files an initial claim must submit to and |
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pass a drug screening assessment developed and administered by or |
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on behalf of the commission for purposes of this subsection as a |
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prerequisite to receiving benefits under this subtitle. The |
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assessment tool used under this subsection must consist of a |
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written questionnaire to be completed by the individual applying |
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for benefits and must be designed to accurately determine the |
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reasonable likelihood that an individual is using a substance that |
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is subject to regulation under Chapter 481, Health and Safety Code. |
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An individual whose drug screening assessment indicates a |
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reasonable likelihood of use by the individual of a substance |
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subject to regulation under that chapter must submit to and pass a |
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drug test administered by or on behalf of the commission to |
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establish the individual's eligibility for benefits under this |
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subtitle. An individual who fails a drug test under this subsection |
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is not eligible to receive benefits under this subtitle until the |
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individual has passed a subsequent drug test administered by or on |
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behalf of the commission not earlier than four weeks after the date |
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the individual submitted to the failed drug test. |
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(c) Notwithstanding Subsection (b), an individual is not |
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disqualified from receiving benefits based on the individual's |
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failure to pass a drug test if, on the basis of evidence presented |
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by the individual, the commission determines 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 test is caused by the use |
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of a substance that was prescribed by a health care practitioner as |
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medically necessary for the individual. |
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(d) The commission by rule shall prescribe procedures for an |
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appeal and the retaking of a failed drug test by an individual under |
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this section. |
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(e) The commission shall administer the program under this |
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section using existing administrative funds and any funds |
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appropriated to the commission for the purposes of this section. |
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SECTION 3. The changes in law made by this Act apply only to |
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a claim for unemployment compensation benefits that is filed with |
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the Texas Workforce Commission on or after February 1, 2014. |
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SECTION 4. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 5. This Act takes effect September 1, 2013. |
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