| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the drug testing of certain persons seeking financial |
|
|
assistance benefits. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
|
|
is amended by adding Section 31.0321 to read as follows: |
|
|
Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. |
|
|
(a) In this section: |
|
|
(1) "Commission" means the Health and Human Services |
|
|
Commission. |
|
|
(2) "Controlled substance" and "marihuana" have the |
|
|
meanings assigned by Chapter 481, Health and Safety Code. |
|
|
(b) Except as provided in Subsections (h) and (i), each |
|
|
adult applicant for financial assistance benefits, including an |
|
|
applicant applying solely on behalf of a child, who initially |
|
|
applies for those benefits or who applies for the continuation of |
|
|
those benefits must submit to a marihuana and controlled substance |
|
|
use screening assessment. In addition, each minor parent who is the |
|
|
head of household must submit to a marihuana and controlled |
|
|
substance use screening assessment on the initial application for |
|
|
financial assistance benefits and on any application for the |
|
|
continuation of those benefits. |
|
|
(c) A person whose marihuana and controlled substance use |
|
|
screening assessment conducted under this section indicates good |
|
|
cause to suspect the person of marihuana or controlled substance |
|
|
use shall submit to a drug test, subject to rules adopted under |
|
|
Subsection (o) that exempt the person from the drug test. |
|
|
(d) The first time a person is required to submit to a drug |
|
|
test under this section and the drug test indicates the presence in |
|
|
the person's body of a controlled substance not prescribed for the |
|
|
person by a health care practitioner or marihuana, the person is |
|
|
ineligible for financial assistance benefits for a period of six |
|
|
months. The denial of eligibility for financial assistance |
|
|
benefits to a person under this subsection does not affect the |
|
|
eligibility of the person's family for financial assistance |
|
|
benefits. |
|
|
(e) Except as provided in Subsection (f), the second time a |
|
|
person is required to submit to a drug test under this section and |
|
|
the drug test indicates the presence in the person's body of a |
|
|
controlled substance not prescribed for the person by a health care |
|
|
practitioner or marihuana, the person is ineligible for financial |
|
|
assistance benefits for a period of 12 months. |
|
|
(f) A person who is denied eligibility for financial |
|
|
assistance benefits for a second time because of the results of a |
|
|
drug test conducted under this section may reapply for financial |
|
|
assistance benefits six months after the date the person's period |
|
|
of ineligibility began if the person provides proof of the person's |
|
|
successful completion of or current enrollment in a substance abuse |
|
|
treatment program. A person reapplying for financial assistance |
|
|
benefits must submit to a drug test as required by Subsection (h) |
|
|
regardless of whether the person is continuing to receive substance |
|
|
abuse treatment, subject to rules adopted under Subsection (o) that |
|
|
exempt the person from the drug test. |
|
|
(g) The third time a person is required to submit to a drug |
|
|
test under this section and the drug test indicates the presence in |
|
|
the person's body of a controlled substance not prescribed for the |
|
|
person by a health care practitioner or marihuana, the person is |
|
|
permanently ineligible for financial assistance benefits. |
|
|
(h) A person who is denied eligibility for financial |
|
|
assistance benefits because of the results of a drug test conducted |
|
|
under this section must submit to a drug test, without first |
|
|
submitting to a marihuana and controlled substance use screening |
|
|
assessment, at the time of any reapplication for financial |
|
|
assistance benefits and on any application for the continuation of |
|
|
those benefits, subject to rules adopted under Subsection (o) that |
|
|
exempt the person from the drug test. |
|
|
(i) A person who has been convicted of a felony drug offense |
|
|
must submit to a drug test, without first submitting to a marihuana |
|
|
and controlled substance use screening assessment, at the time of |
|
|
an initial application for financial assistance benefits and on any |
|
|
application for the continuation of those benefits, subject to |
|
|
rules adopted under Subsection (o) that exempt the person from the |
|
|
drug test. |
|
|
(j) Before denying eligibility for financial assistance |
|
|
benefits under this section, the commission must: |
|
|
(1) notify the person who submitted to a drug test of |
|
|
the results of the test and the commission's proposed determination |
|
|
of ineligibility; and |
|
|
(2) confirm the results of the drug test through a |
|
|
second drug test or other appropriate method. |
|
|
(k) The results of a drug test administered as provided by |
|
|
Subsection (j)(2) to confirm the results of a previous drug test are |
|
|
not considered for purposes of Subsection (e) or (g). |
|
|
(l) The commission shall: |
|
|
(1) use the most efficient and cost-effective |
|
|
marihuana and controlled substance use screening assessment tool |
|
|
that the commission and the Department of State Health Services can |
|
|
develop based on validated marihuana and controlled substance use |
|
|
screening assessment tools; and |
|
|
(2) pay the cost of any marihuana and controlled |
|
|
substance use screening assessment or drug test administered under |
|
|
this section out of the federal Temporary Assistance for Needy |
|
|
Families block grant funds. |
|
|
(m) The commission shall report to the Department of Family |
|
|
and Protective Services for use in an investigation conducted under |
|
|
Chapter 261, Family Code, if applicable, a person whose drug test |
|
|
conducted under this section indicates the presence in the person's |
|
|
body of a controlled substance not prescribed for the person by a |
|
|
health care practitioner or marihuana. |
|
|
(n) If a parent or caretaker relative of a dependent child |
|
|
is ineligible under Subsection (e) or (g) to receive financial |
|
|
assistance benefits on behalf of the child because of the results of |
|
|
a drug test conducted under this section, the commission shall |
|
|
designate a protective payee to receive financial assistance |
|
|
benefits on behalf of the child. A person must submit to a |
|
|
controlled substance use screening assessment to establish the |
|
|
person's eligibility to serve as a protective payee. A person whose |
|
|
controlled substance use screening assessment indicates good cause |
|
|
to suspect the person of controlled substance use shall submit to a |
|
|
drug test to establish the eligibility of the person to serve as a |
|
|
protective payee. A person whose drug test conducted under this |
|
|
section indicates the presence in the person's body of a controlled |
|
|
substance not prescribed for the person by a health care |
|
|
practitioner is ineligible to serve as a protective payee. |
|
|
(o) The executive commissioner of the commission shall |
|
|
adopt rules implementing this section, including rules that exempt |
|
|
a person from having to submit to a drug test under this section if: |
|
|
(1) there is no person who is authorized to administer |
|
|
a drug test under this section in the county in which the person |
|
|
resides; and |
|
|
(2) submitting to a drug test outside the person's |
|
|
county would impose an unreasonable hardship on the person. |
|
|
SECTION 2. (a) Section 31.0321, Human Resources Code, as |
|
|
added by this Act, applies to: |
|
|
(1) an adult applicant, including an applicant |
|
|
applying solely on behalf of a child, who initially applies for |
|
|
financial assistance benefits under Chapter 31, Human Resources |
|
|
Code, on or after the effective date of this Act; |
|
|
(2) a minor parent who is the head of household who |
|
|
initially applies for financial assistance benefits under Chapter |
|
|
31, Human Resources Code, on or after the effective date of this |
|
|
Act; |
|
|
(3) an adult applicant, including an applicant |
|
|
applying solely on behalf of a child, who applies for the |
|
|
continuation of financial assistance benefits under Chapter 31, |
|
|
Human Resources Code, on or after the effective date of this Act; |
|
|
and |
|
|
(4) a minor parent who is the head of household who |
|
|
applies for the continuation of financial assistance benefits under |
|
|
Chapter 31, Human Resources Code, on or after the effective date of |
|
|
this Act. |
|
|
(b) Except as provided by Subdivisions (3) and (4), |
|
|
Subsection (a) of this section, an adult applicant, including an |
|
|
applicant applying solely on behalf of a child, and a minor parent |
|
|
who is the head of household who applied for financial assistance |
|
|
benefits under Chapter 31, Human Resources Code, before the |
|
|
effective date of this Act are governed by the law in effect when |
|
|
the person applied for financial assistance benefits, and that law |
|
|
is continued in effect for that purpose. |
|
|
SECTION 3. If before implementing any provision of this Act |
|
|
a state agency determines that a waiver or authorization from a |
|
|
federal agency is necessary for implementation of that provision, |
|
|
the agency affected by the provision shall request the waiver or |
|
|
authorization and may delay implementing that provision until the |
|
|
waiver or authorization is granted. |
|
|
SECTION 4. This Act takes effect September 1, 2013. |