A bill filed in Texas would prohibit most state and local government employers from requiring workers to test negative for marijuana, while establishing new employment protections for medical marijuana patients and people who use legal hemp products.
House Bill 507, filed Monday by State Representative John Bucy III (D-Austin), would prohibit state agencies and political subdivisions, including cities and counties, from requiring employees or independent contractors to undergo drug testing for cannabinoids as a condition of employment. Employers would also be prohibited from requiring a negative cannabinoid test result as a condition of hiring or continued employment.
The legislation would additionally prevent covered government employers from prohibiting workers from obtaining prescriptions for low-THC marijuana, using marijuana through the state’s Compassionate Use Program or consuming legal hemp products. These protections would extend to both government employees and independent contractors.
Under the proposal, government employers would also be prohibited from questioning employees about their use of medical marijuana or hemp products. Agencies would be required to comply with applicable state and federal medical privacy protections, including the Health Insurance Portability and Accountability Act (HIPAA).
The bill includes exemptions for peace officers and employees subject to federal Department of Transportation drug-testing regulations. These workers would remain subject to existing testing requirements.
HB 507 also establishes legal remedies for workers whose rights are violated. Employees and contractors could pursue compensatory damages, injunctions, declaratory relief and reasonable attorney’s fees through judicial or administrative proceedings. The legislation would explicitly waive governmental immunity for covered violations, allowing affected workers to bring claims against government agencies.
Bucy previously introduced substantially identical legislation during the 2025 legislative session as House Bill 1797, but the measure did not advance into law. The newly filed proposal renews the effort ahead of the 2027 legislative session, which begins January 12.
Texas currently allows qualifying patients to access low-THC marijuana through its Compassionate Use Program, although employment protections for patients remain limited. HB 507 would establish specific safeguards for public-sector workers while leaving private employers outside its scope.
If approved, the legislation would take effect September 1, 2027. The bill has been filed but has not yet received a committee hearing or legislative vote.
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