Workplace Drug Testing Laws for Texas

Under Texas law there is very little limitation placed on private employers in the implementation of a drug-free workplace policy.

An employer can perform a drug test for a wide variety of reasons including in pre-employment context, as part of a random testing program, after a qualifying accident, under reasonable suspicion, or as part of a return-to-duty agreement.

However, the State of Texas requires certain elements to be met when implementing a drug testing policy in order to qualify for certain unemployment and workers’ compensation benefits.

Employers must give adequate notice and have implemented a proper procedure for including chain of custody for testing for drug and alcohol tests.