State Law > Texas > Texas Drug Testing Law

Texas Drug Testing Law

 

Drug Testing law for the state of Texas is in the following sections of the Texas Statutesand Codes.

Sec. 411.091. POLICY FOR ELIMINATION OF DRUGS IN THE WORKPLACE

Adoption and Distribution of Drug Abuse Policy by Employer

(a) Each employer with 15 or more employees who has workers' compensation insurance coverage shall adopt a policydesigned to eliminate drug abuse and its effects in the workplace.

(b) The employer shall distribute a written copy of the policy to each employee.

Nursing homes

Sec. 242.0371. Employment policies to include drug testing.

(a) An institution licensed under this chapter shall prepare a written statement describing the institution'spolicy for:

(1) the drug testing of employees who have direct contact with residents; and

(2) the conducting of criminal history record checks of employees and applicants for employment in accordance withChapter 250.

(b) The institution shall provide the statement to:

(1) each person applying for services from the institution or the person's next of kin or guardian; and

(2) any person requesting the information.

Sec. 242.050. Employee drug testing; Policies.

(a) An institution may establish a drug testing policy for employees of the institution. An institution thatestablishes a drug testing policy under this subsection may adopt the model drug testing policy adopted by theboard or may use another drug testing policy.

(b) The board by rule shall adopt a model drug testing policy for use by institutions. The model drug testing policymust be designed to ensure the safety of residents through appropriate drug testing and to protect the rights ofemployees. The model drug testing policy must:

(1) require at least one scheduled drug test each year for each employee of an institution that has direct contactwith a resident in the institution; and

(2) authorize random, unannounced drug testing for employees described by Subdivision (1).

Sec. 2308.158.  ALCOHOL AND DRUG TESTING OF TOWING
 
OPERATORS. (a)  A towing company shall establish an alcohol and

drug testing policy for towing operators. A towing company that

establishes an alcohol and  drug testing policy under this

subsection may adopt the model alcohol and drug testing policy

adopted by the commission or may use another alcohol and drug

testing policy that the department determines is at least as

stringent as the policy adopted by the commission.

(b)  The commission by rule shall adopt a model alcohol and

drug testing policy for use by a towing company.  The model alcohol

and drug testing policy must be designed to ensure the safety of the

public through appropriate alcohol and drug testing and to protect

the rights of employees.  The model alcohol and drug testing policy

must:

(1)  require at least one scheduled drug test each year

for each towing operator; and

(2)  authorize random, unannounced alcohol and drug

testing for towing operators.

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