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A BILL TO BE ENTITLED
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AN ACT
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relating to drug testing of certain persons seeking financial |
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assistance benefits. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0321 to read as follows: |
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Sec. 31.0321. DRUG TESTING AND ELIGIBILITY. (a) In this |
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section: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Controlled substance" and "marihuana" have the |
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meanings assigned by Chapter 481, Health and Safety Code. |
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(b) Each adult applicant, excluding an applicant applying |
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solely on behalf of a child, for financial assistance benefits must |
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submit to a drug test to establish the applicant's eligibility for |
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those benefits. |
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(c) Except as provided in Subsection (d), a person whose |
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drug test conducted under this section indicates the presence in |
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the person's body of a controlled substance not prescribed for the |
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person by a health care practitioner or marihuana is ineligible for |
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financial assistance benefits for a period of six months from the |
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date the commission receives the test results. |
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(d) A person who is denied financial assistance benefits |
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because of the results of a drug test conducted under this section |
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may reapply for financial assistance benefits three months after |
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the date the commission receives the test results if the person |
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provides proof of the person's successful completion of or current |
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enrollment in a substance abuse treatment program. A person |
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reapplying for financial assistance benefits must submit to a drug |
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test as required by Subsection (b), regardless of whether the |
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person is continuing to receive substance abuse treatment. |
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(e) Before denying financial assistance benefits to a |
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person under this section, the commission must: |
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(1) notify the person of the results of the drug test |
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and the commission's proposed determination of ineligibility; |
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(2) confirm the results of the drug test through a |
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second drug test or other appropriate method; and |
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(3) provide the person with an opportunity for a |
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public hearing concerning the results of the drug test. |
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(f) The denial of financial assistance benefits to an adult |
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applicant under this section does not affect the eligibility of the |
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person's child or other household members for financial assistance |
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benefits. |
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(g) The commission shall prepare and submit an annual report |
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to the legislature that contains information on: |
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(1) the number of persons required to submit to a drug |
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test under this section; |
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(2) the number of persons who actually submitted to a |
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drug test under this section; and |
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(3) the number of persons denied financial assistance |
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benefits because of the results of a drug test required under this |
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section. |
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(h) The report required under Subsection (g): |
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(1) may be submitted electronically; and |
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(2) must be made available to the public on the |
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commission's Internet website. |
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(i) The executive commissioner of the commission shall |
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adopt rules implementing this section. |
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SECTION 2. Section 31.0321, Human Resources Code, as added |
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by this Act, applies only to an application for an initial |
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determination of eligibility for financial assistance benefits |
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under Chapter 31, Human Resources Code, submitted on or after the |
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effective date of this Act. An application for an initial |
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determination of eligibility for financial assistance benefits |
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submitted before the effective date of this Act, and any |
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application for a redetermination of that eligibility submitted |
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before, on, or after the effective date of this Act, is governed by |
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the law in effect immediately before the effective date of this Act, |
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and that law is continued in effect for that purpose. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2013. |