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A BILL TO BE ENTITLED
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AN ACT
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relating to the drug screening and testing of certain persons |
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seeking and receiving financial assistance benefits and the |
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application requirements for those benefits; creating an offense. |
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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 SCREENING AND TESTING; ELIGIBILITY. (a) |
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In this 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) Except as provided in Subsections (g) and (h), each |
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adult applicant for financial assistance benefits, including an |
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applicant applying solely on behalf of a child, is subject to and, |
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if selected, must submit to a random, unannounced marihuana and |
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controlled substance use screening assessment to establish the |
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applicant's or the child's eligibility for the benefits. In |
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addition, each minor parent who is the head of household is subject |
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to and, if selected, must submit to a random, unannounced marihuana |
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and controlled substance use screening assessment to establish the |
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minor's eligibility for the benefits. |
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(c) Each adult recipient of financial assistance benefits, |
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including a recipient receiving benefits solely on behalf of a |
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child, is subject to at any time during the eligibility period and, |
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if selected, must submit to a random, unannounced marihuana and |
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controlled substance use screening assessment to maintain the |
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recipient's or the child's eligibility for the benefits. In |
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addition, each minor parent who is the head of household is subject |
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to at any time during the eligibility period and, if selected, must |
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submit to a random, unannounced marihuana and controlled substance |
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use screening assessment to maintain the minor's eligibility for |
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the benefits. |
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(d) A person whose marihuana and controlled substance use |
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screening assessment conducted under this section indicates good |
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cause to suspect the person of marihuana or controlled substance |
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use shall submit to a drug test to establish or maintain the |
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eligibility of the person and the person's family for financial |
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assistance benefits. |
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(e) Except as provided in Subsection (f), 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 the person and the person's |
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family for a period of 12 months beginning on the first day of the |
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month after the month in which the drug test was administered. |
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(f) 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 six months after the |
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first day of the month after the month in which the drug test was |
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administered if the person provides proof of the person's |
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successful completion of or current enrollment in a substance abuse |
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treatment program. A person reapplying for financial assistance |
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benefits must submit to a drug test as required by Subsection (g), |
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regardless of whether the person is continuing to receive substance |
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abuse treatment. |
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(g) 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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must submit to a drug test at the time of any reapplication for |
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financial assistance benefits and on any application for the |
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continuation of those benefits to establish the eligibility of the |
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person and the person's family for the benefits. |
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(h) A person who has been convicted of a felony drug offense |
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must submit to a drug test at the time of an initial application for |
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financial assistance benefits and on any application for the |
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continuation of those benefits to establish the eligibility of the |
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person's family for the benefits. |
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(i) Before denying financial assistance benefits under this |
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section, the commission must: |
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(1) notify the person who submitted to a drug test of |
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the results of the test and the commission's proposed determination |
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of ineligibility; and |
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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. |
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(j) The commission shall use the most efficient and |
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cost-effective marihuana and controlled substance use screening |
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assessment tool that the commission and the Department of State |
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Health Services can develop based on validated marihuana and |
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controlled substance use screening assessment tools. |
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(k) The executive commissioner of the commission shall |
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adopt rules implementing this section. |
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SECTION 2. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0327 to read as follows: |
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Sec. 31.0327. REQUIRED AFFIDAVIT ON APPLICATION; CRIMINAL |
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OFFENSE. (a) In this 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 for financial assistance benefits, |
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including an applicant applying solely on behalf of a child, must |
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submit to the commission, in the form and manner prescribed by the |
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commission, an affidavit executed by the person stating that the |
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person is not at the time of the application using, and will not use |
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during any period for which the person, or a child on whose behalf |
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the person applies for financial assistance benefits, receives |
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financial assistance benefits under this chapter, a controlled |
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substance not prescribed for the person by a health care |
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practitioner or marihuana. |
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(c) A person commits an offense if the person uses a |
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controlled substance not prescribed for the person by a health care |
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practitioner or marihuana in violation of the person's sworn |
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statement in an affidavit required under Subsection (b). |
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(d) An offense under this section is a Class B misdemeanor. |
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(e) If conduct constituting an offense under this section |
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also constitutes an offense under another provision of law, |
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including a provision in the Penal Code, the person may be |
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prosecuted under both provisions. |
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SECTION 3. (a) Section 31.0321, Human Resources Code, as |
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added by this Act, applies to an adult who applies for or receives |
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financial assistance benefits under Chapter 31, Human Resources |
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Code, including an adult who applies for or receives those benefits |
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solely on behalf of a child, on or after the effective date of this |
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Act. |
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(b) Section 31.0321, Human Resources Code, as added by this |
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Act, applies to a minor parent who is the head of household and who |
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applies for or receives financial assistance benefits under Chapter |
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31, Human Resources Code, on or after the effective date of this |
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Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, Section 31.0327, Human Resources Code, as added by this |
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Act, applies only on an initial application of a person for |
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financial assistance benefits under Chapter 31, Human Resources |
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Code, made on or after the effective date of this Act. |
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(b) Section 31.0327, Human Resources Code, as added by this |
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Act, applies on the first application of a person receiving |
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financial assistance benefits under Chapter 31, Human Resources |
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Code, on the effective date of this Act for continuation of those |
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benefits that is made on or after the effective date of this Act. |
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SECTION 5. 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 6. This Act takes effect September 1, 2013. |