87R9924 YDB-D     By: Bucy H.B. No. 3149       A BILL TO BE ENTITLED   AN ACT   relating to drug testing and prescription drug policies and certain   legal protections for employees and independent contractors of   state agencies and political subdivisions and for other persons   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 620 to read as follows:   CHAPTER 620. DRUG TESTING AND PRESCRIPTION DRUG POLICIES          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)  "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.          Sec. 620.002.  EXCEPTIONS. This chapter does not apply to an   employee of a state agency or 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. 620.003.  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 the intent of which is 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 the   intent of which is to screen for the presence of cannabinoids;                (3)  establish for the employee or contractor as a   condition of employment or contract a test result that is negative   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. 620.004.  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. 620.005.  RELIEF AVAILABLE. (a) A person may assert an   actual or threatened violation of Section 620.003 or 620.004 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 has sought or exhausted available administrative   remedies.          Sec. 620.006.  IMMUNITY WAIVED. A person who alleges a   violation of Section 620.003 or 620.004 may sue the state agency or   political subdivision for the relief provided under Section   620.005. Sovereign or governmental immunity, as applicable, is   waived and abolished to the extent of liability for that relief.          SECTION 2.  Chapter 487, Health and Safety Code, is amended   by adding Subchapter A-1 to read as follows:   SUBCHAPTER A-1. PROTECTIONS RELATED TO MEDICAL USE OF CANNABIS          Sec. 487.021.  DEFINITION. In this subchapter, "authorized   medical use" means a medical use of a substance that is authorized   under:                (1)  this chapter;                (2)  Subchapter G, Chapter 481;                 (3)  Chapter 169, Occupations Code; or                (4)  department rule.          Sec. 487.022.  APPLICABILITY. The protections provided by   this subchapter apply to a person who is:                (1)  a patient for whom authorized medical use is   prescribed under Chapter 169, Occupations Code, or the parent or   caregiver of the patient;                (2)  a dispensing organization; or                (3)  a director, manager, or employee of a dispensing   organization who is registered with the department under Section   487.053.          Sec. 487.023.  PROTECTION FROM LEGAL ACTION.   Notwithstanding any other law, a person described by Section   487.022 is not subject to arrest, prosecution, or penalty in any   manner, or denial of any right or privilege, including any   administrative or civil penalty or disciplinary action imposed by a   court or state licensing board, for conduct involving authorized   medical use.           Sec. 487.024.  PROHIBITED PRESUMPTION OF CHILD ABUSE,   NEGLECT, OR ENDANGERMENT. A person described by Section 487.022   may not be presumed to have engaged in conduct constituting child   abuse, neglect, or endangerment solely because the person engaged   in conduct involving authorized medical use.          Sec. 487.025.  PROHIBITED DENIAL OF PARENTAL RIGHTS. The   fact that a person described by Section 487.022 engages in conduct   involving authorized medical use does not in itself constitute   grounds for denying, limiting, or restricting conservatorship or   possession of or access to a child under Title 5, Family Code.          Sec. 487.026.  PROHIBITED SEIZURE OR FORFEITURE. Property   used in the cultivation, research, testing, processing,   distribution, transportation, and delivery of low-THC cannabis for   authorized medical use is not contraband for purposes of Chapter   59, Code of Criminal Procedure, and is not subject to seizure or   forfeiture under that chapter or other law solely for the use of the   property for the authorized activities.          Sec. 487.027.  PROHIBITED PROSECUTION FOR PROVISION OF   PARAPHERNALIA. A person is not subject to arrest, prosecution, or   the imposition of any sentence or penalty for the delivery,   possession with intent to deliver, or manufacture of any item that   meets the definition of drug paraphernalia, as defined by Section   481.002, if that item is delivered, possessed with intent to   deliver, or manufactured for the sole purpose of providing that   item to:                (1)  a person for whom authorized medical use is   prescribed under Chapter 169, Occupations Code; or                (2)  a licensed dispensing organization.          Sec. 487.028.  PROHIBITED DISCIPLINARY ACTION AGAINST   STUDENT PATIENTS AND SCHOOL HEALTH CARE PROFESSIONALS. (a)   Notwithstanding any other law, a student for whom low-THC cannabis   is prescribed under Chapter 169, Occupations Code, may not be   subject to suspension, expulsion, placement in a disciplinary   alternative education program, or any other form of discipline   solely because the student possessed, used, or was prescribed   low-THC cannabis.          (b)  Notwithstanding any other law, a school health care   professional assisting a student described by Subsection (a) in the   administration of low-THC cannabis may not be subject to any   disciplinary action solely because of the assistance.          SECTION 3.  The changes in law made by this Act apply only to   the administration of a drug testing or prescription drug policy or   a drug test on or after the effective date of this Act.          SECTION 4.  This Act takes effect September 1, 2021.