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A BILL TO BE ENTITLED
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AN ACT
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relating to a drug testing requirement for candidates for certain |
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public elective offices. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 141, Election Code, is |
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amended by adding Section 141.005 to read as follows: |
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Sec. 141.005. DRUG SCREENING AND TESTING ELIGIBILITY |
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REQUIREMENT FOR PUBLIC ELECTIVE OFFICE. (a) At the time a candidate |
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for a public elective office either files an application for a place |
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on a ballot or makes a declaration of write-in candidacy, the |
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candidate must submit to a controlled substance use screening |
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assessment. A candidate whose controlled substance use screening |
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assessment conducted under this section indicates good cause to |
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suspect the candidate of controlled substance use shall submit to a |
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drug test. |
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(b) The authority with whom the candidate files an |
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application for a place on a ballot or makes a declaration of |
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write-in candidacy shall administer a screening assessment or drug |
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test required under this section at the candidate's expense. |
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(c) After completion of a screening assessment or drug test |
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required under this section, the authority that administered the |
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assessment or drug test shall: |
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(1) obtain a waiver of confidentiality from the |
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candidate with respect to the results of the screening assessment |
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or drug test; and |
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(2) submit the results of the screening assessment or |
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drug test to the Texas Ethics Commission. |
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(d) The Texas Ethics Commission shall release the results of |
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a candidate's screening assessment and drug test not later than the |
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45th day before: |
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(1) the primary election; or |
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(2) the general election, if there is no primary |
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election for the office sought by the candidate. |
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(e) A candidate is not eligible for elective office if the |
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candidate refuses to: |
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(1) submit to a screening assessment or drug test |
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required by this section; or |
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(2) waive the candidate's privilege of confidentiality |
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with respect to the results of the screening assessment or drug test |
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required by this section. |
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(f) The secretary of state shall adopt rules to administer |
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this section. |
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(g) This section does not apply to an office for which the |
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federal or state constitution or a statute outside this code |
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prescribes exclusive eligibility requirements. |
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SECTION 2. The changes in law made by this Act apply only to |
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the eligibility requirements for a candidate whose term of office |
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will begin on or after the effective date of this Act. The |
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eligibility requirements for a candidate whose term of office will |
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begin before the effective date of this Act are governed by the law |
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in effect immediately before the effective date of this Act, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2013. |