Bill > HB196

This bill adds a new chapter to the Texas Civil Practice and Remedies Code that addresses the admissibility of evidence related to employee THC use in civil actions against employers. The bill defines key terms like "employee," "intoxicated," "low-THC cannabis," and "THC," and establishes two primary rules for evidence admission. For low-THC cannabis used medically under state law, evidence can only be admitted if the employer knew about the employee's usage, was aware the employee was intoxicated before an incident in a way that made the incident foreseeable, and failed to reasonably intervene to prevent the harmful act. For THC more broadly, a positive THC test alone is not admissible in a civil or administrative proceeding; additional evidence must be introduced to prove the employee was intoxicated at or near the time of the incident that caused injury, death, or property damage. The bill applies only to actions filed on or after its effective date, which is 91 days after the end of the legislative session, and aims to provide clearer standards for how an employee's cannabis use can be considered in legal proceedings against an employer.

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=892&Bill=HB196