Texas Representative Pat Curry (R) has introduced House Bill 196, legislation that would restrict the use of employee THC test results as evidence in civil lawsuits against employers.
Texas State Capitol Building.
The measure, filed today, amends the state’s Civil Practice and Remedies Code to establish new rules on when evidence of THC use can be admitted in court.
The bill clarifies that in cases alleging negligent hiring, training, supervision, or entrustment, courts may not admit evidence of an employee’s lawful low-THC cannabis use unless the employer both knew the worker was using low-THC cannabis under state law and became aware the employee was intoxicated before an incident occurred in a way that made injury, death, or property damage reasonably foreseeable. Employers would also need to have had the ability to intervene and failed to do so.
HB 196 further specifies that in civil or administrative proceedings, evidence that an employee merely tested positive for THC would not be admissible unless it could be shown that the employee was intoxicated at the time of the incident and that this intoxication directly caused or contributed to the harm in question.
If enacted, the bill would take effect 91 days after the legislative session adjourns, applying only to actions filed on or after that date.
This measure represents a shift toward narrowing employer liability linked to THC use, particularly in a state where low-THC cannabis is legal under certain medical conditions.
