Bucy Bill Bars Cannabinoid Drug Tests For Public Workers

The text as introduced · 618 words

89R9591 CJD-D

By: Bucy
H.B. No. 1797

A BILL TO BE ENTITLED

AN ACT

relating to drug testing and prescription drug policies for

employees and independent contractors of state agencies and

political subdivisions 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 621 to read as follows:

CHAPTER 621. DRUG TESTING AND PRESCRIPTION DRUG POLICIES

Sec. 621.001. 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.

(4) "Peace officer" means a person elected, employed,

or appointed as a peace officer under Article 2A.001, Code of

Criminal Procedure.

Sec. 621.002. EXCEPTIONS. This chapter does not apply to:

(1) a peace officer who is elected, employed, or

appointed by a state agency or a political subdivision of this

state; or

(2) an employee of a state agency or a 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. 621.003. 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 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 to

screen for the presence of cannabinoids;

(3) establish for the employee or contractor as a

condition of employment or contract a negative test result 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. 621.004. 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. 621.005. RELIEF AVAILABLE. (a) A person may assert an

actual or threatened violation of Section 621.003 or 621.004 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 sought or exhausted available administrative

remedies.

Sec. 621.006. IMMUNITY WAIVED. A person who alleges a

violation of Section 621.003 or 621.004 may sue the state agency or

political subdivision for the relief provided under Section

621.005. Sovereign or governmental immunity, as applicable, is

waived and abolished to the extent of liability for that relief.

SECTION 2. Chapter 621, Government Code, as added by this

Act, applies only to the administration of a drug testing or

prescription drug policy or of a drug test on or after the effective

date of this Act.

SECTION 3. This Act takes effect September 1, 2025.