89S10439 MZM-F     By: Curry H.B. No. 197       A BILL TO BE ENTITLED   AN ACT   relating to admissibility of certain evidence against employers for   employee use of THC.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 6, Civil Practice and Remedies Code, is   amended by adding Chapter 142B to read as follows:   CHAPTER 142B.  ADMISSIBILITY OF EVIDENCE AGAINST EMPLOYER FOR   EMPLOYEE USE OF THC          Sec. 142B.001.  DEFINITIONS. In this chapter:                (1)  "Employee" means an individual who works for a   person for compensation.  The term includes an individual deemed an   employee under state or federal law and any other person, including   an agent, for whom an employer may be liable under respondeat   superior.                (2)  "Intoxicated" means not having the normal use of   mental or physical faculties due to the voluntary introduction of   THC or low-THC cannabis into the body.                (3)  "Low-THC cannabis" has the meaning assigned by   Section 169.001, Occupations Code.                (4)  "THC" means the delta-9 tetrahydrocannabinol   cannabinoid in the Cannabis sativa L. plant.          Sec. 142B.002.  ADMISSIBILITY OF LOW-THC CANNABIS EVIDENCE.   In a civil action against an employer alleging negligent hiring,   training, supervising, or entrusting the employer's employee that   caused or contributed to an injury, death, or property damage, the   court may not admit evidence of the employee's medical use of   low-THC cannabis in accordance with Chapter 169, Occupations Code,   unless the employer:                (1)  knew that the employee used low-THC cannabis under   Chapter 169, Occupations Code;                (2)  became aware that the employee was intoxicated by   low-THC cannabis before the injury, death, or property damage   occurred in a time and manner that made the injury, death, or   property damage reasonably foreseeable; and                (3)  failed to reasonably intervene to prevent the act   or omission that caused the injury, death, or property damage.          Sec. 142B.003.  ADMISSIBILITY OF THC EVIDENCE. In a civil   action or administrative proceeding against an employer alleging   that the employer's employee's use of THC caused or contributed to   an injury, death, or property damage, evidence that the employee   tested positive for THC is not admissible unless the party offering   the evidence introduces other sufficient evidence that the employee   was intoxicated at or near the time of the act or omission that   caused the injury, death, or property damage.          SECTION 2.  The changes in law made by this Act apply only to   an action filed on or after the effective date of this Act.          SECTION 3.  This Act takes effect on the 91st day after the   last day of the legislative session.