Texas - STATE LAWS

Workplace drug testing issues – State Laws – Texas

These categories do not effect DOT regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.

Workplace Drug Testing Laws in Texas

Instant or POCT Testing

No Restrictions

Drug Panels

No Restrictions

Laboratory

No Restrictions

Medical Review Officer (MRO)

No Restrictions

Use of MRO highly recommended to avoid liability in your drug testing program.

Random Testing

No Restrictions

Post-Accident

No Restrictions

Follow a “reasonable basis” for requiring a post-accident drug test.

Oral Fluid Testing

No Restrictions

Hair Testing

No Restrictions

Unemployment Denial

Yes, address in company policy

An individual is disqualified for benefits if the individual was discharged for misconduct connected with the individual's last work. State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct.

Workers Comp Discount

No

Intoxication Defense

Yes, available

An insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.

Medical Marijuana

Yes

The Texas Compassionate Use Act (Senate Bill 339) - low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking.

Recreational Marijuana

No

Report Driver DOT Positives

Yes

An employer covered under the USDOT regulations must report the following to the Texas Department of Transportation: a valid positive test result, a refusal to provide a specimen, or an adulterated specimen or substituted specimen.

General Statute

None, None, there is a law regarding cheating on a drug test - Texas Health & Safety 481.133

Medical Marijuana -  Texas Compassionate Use Act (Senate Bill 339) - Texas Occupations Code §169.001 

Intoxication Defense - Texas Labor Code 406.032(1)(A)

Intoxication Defense - States vary in their willingness to allow employers to use an injured worker's intoxication as a defense against a claim for compensation.  State laws' intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.  Always check with your insurance company and your attorney when you have a positive post-accident test after an injury.

This chart is intended for informational purposes only and should not be relied upon for legal guidance. State and local laws vary greatly; therefore, you are advised to consult experienced legal counsel during the development or edit of your actual substance abuse testing program and with any questions that follow.

State Law Texas