Texas Codes

Tex. Lab. Code § 21.120 (2026)

Use Or Possession Of Controlled Substance

✓ current as of May 2026

Find cases: SyfertCases citing this section TX-LEGstatutes.capitol.texas.gov Justiaon Justia CornellLII Search CasesGoogle Scholar

Sec. 21.120. USE OR POSSESSION OF CONTROLLED SUBSTANCE. (a) An employer does not commit an unlawful employment practice by adopting a policy prohibiting the employment of an individual who currently uses or possesses a controlled substance as defined in Schedules I and II of Section 202, Controlled Substances Act, and their subsequent amendments (21 U.S.C. Section 801 et seq.), other than the use or possession of a drug taken under the supervision of a licensed health care professional or any other use or possession authorized by the Controlled Substances Act or any other federal or state law.

(b) Subsection (a) does not apply to a policy adopted or applied with the intent to discriminate because of race, color, sex, national origin, religion, age, or disability.

Added by Acts 1995, 74th Leg., ch. 76, Sec. 9.04(a), eff. Sept. 1, 1995.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2007–2023 · leading case: Texas Parks & Wildlife Dep't v. Dearing, 240 S.W.3d 330 (Tex. App. 2007).

Sort: Relevance Newest Treatment

Texas Parks & Wildlife Dep't v. Dearing, 240 S.W.3d 330 (Tex. App. 2007). · cites it 2× “Laws 1285 , 1887 (current version at Tex. Lab.Code Ann. § 21.120 (West 2006)); cf.”

Houston Area Saf. Council, Inc. & Psychemedics Corp. v. Guillermo M. Mendez (Tex. 2023). “§§ 8101–8106) (instituting requirements for federal contractors and grant recipients); Tex. Lab. Code § 21.120 (stating that declining to employ individuals who illegally use or possess controlled substances does not constitute unlawful employment discrimination).”

Texas Parks & Wildlife Dep't v. Milburn Dearing, Kenneth Head, & Mike Warren, Individually & on Behalf of All Others Similarly Situated (Tex. App. 2007). “Laws 1285 , 1887 (current version at Tex. Lab. Code Ann. § 21.120 (West 2006)); cf.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.