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Texas State Drug Testing Laws

Workplace drug testing issues – State Laws – Texas

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

Workplace Drug Testing Laws in Texas

Drug Testing IssueStatusComments
Instant or POCT TestingNo Restrictions 
Drug PanelsNo Restrictions 
LaboratoryNo Restrictions 
Medical Review Officer (MRO)No RestrictionsThe use of MRO is highly recommended to avoid liability in your drug testing program.
Random TestingNo Restrictions 
Post-AccidentNo RestrictionsFollow a ‘reasonable basis for requiring a post-accident drug test.
Oral Fluid TestingNo Restrictions 
Hair TestingNo Restrictions 
Unemployment DenialYes, address in company policy.An individual is disqualified for benefits if 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 DiscountNo 
Intoxication DefenseYes, availableAn insurance carrier is not liable for compensation if the injury occurred while the employee was in a state of intoxication.
Medical MarijuanaYesThe Texas Compassionate Use Act (Senate Bill 339) – low-THC cannabis. Texas Occupations Code §169.001 specifically prohibits ingesting low-THC by smoking.
Recreational MarijuanaNo 
Report Driver DOT PositivesYesAn 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 against a compensation claim. 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 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 law vary greatly; therefore, you are advised to consult experienced legal counsel during the design of your actual substance abuse testing program and with any questions that follow.

View Individual State Law Summaries

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