Today's Bill of the Day is House Bill 975 filed today by Representative Ken Legler (R-Pasadena). House Bill 975 would mandate random drug and alcohol testing of professional employees of a school district. The Education Code defines a "professional employee" as:
(1) a
superintendent, principal, teacher, including a substitute teacher,
supervisor, social worker, counselor, nurse, and teacher's aide
employed by a school district;
(2) a teacher employed by a company that contracts with a school district to provide the teacher's services to the district;
(3) a student in an education preparation program participating in a field experience or internship;
(4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;
(5) a member of the board of trustees of an independent school district; and
(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.
(2) a teacher employed by a company that contracts with a school district to provide the teacher's services to the district;
(3) a student in an education preparation program participating in a field experience or internship;
(4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;
(5) a member of the board of trustees of an independent school district; and
(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.
More specifically, the Bill would test for:
(A) excessive use of
alcoholic beverages, as defined by Section 1.04, Alcoholic Beverage Code; and
(B) use of marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq., or a dangerous drug, as defined by Chapter 483, Health and Safety Code;
(2) require at least one scheduled drug test for each prospective professional employee of a district;
(3) authorize random, unannounced drug testing once each year for not fewer than 10 percent of the professional employees of a district; and
(4) require a drug test for each professional employee of a district who is injured on the job.
(B) use of marihuana or a controlled substance, as defined by Chapter 481, Health and Safety Code, or by 21 U.S.C. Section 801 et seq., or a dangerous drug, as defined by Chapter 483, Health and Safety Code;
(2) require at least one scheduled drug test for each prospective professional employee of a district;
(3) authorize random, unannounced drug testing once each year for not fewer than 10 percent of the professional employees of a district; and
(4) require a drug test for each professional employee of a district who is injured on the job.
The Bill is not an unfunded mandate as it provides that
A
school district is required to establish and administer a drug testing policy
under this section only if the legislature appropriates sufficient money
specifically for the purpose of reimbursing districts for expenses incurred in
establishing and administering the policy.
The full text of the Bill appears below after the jump.
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