| 1 | 1 | | 81R2390 UM-D |
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| 2 | 2 | | By: Brown of Brazos H.B. No. 354 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the eligibility and drug testing of certain persons |
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| 8 | 8 | | seeking food stamp benefits. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 33, Human Resources Code, is amended by |
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| 11 | 11 | | adding Section 33.016 to read as follows: |
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| 12 | 12 | | Sec. 33.016. ELIGIBILITY AND DRUG TESTING OF CERTAIN PERSONS |
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| 13 | 13 | | FOR FOOD STAMP BENEFITS. (a) In this section, "controlled |
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| 14 | 14 | | substance" has the meaning assigned by Chapter 481, Health and |
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| 15 | 15 | | Safety Code. |
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| 16 | 16 | | (b) An applicant for benefits under the food stamp program |
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| 17 | 17 | | must state in writing whether the applicant has been convicted of an |
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| 18 | 18 | | offense described by 21 U.S.C. Section 862a(a). As authorized by 21 |
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| 19 | 19 | | U.S.C. Section 862a(d)(1)(A), 21 U.S.C. Section 862a(a) does not |
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| 20 | 20 | | apply in determining whether a person convicted of an offense |
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| 21 | 21 | | described by that section is eligible for benefits under the food |
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| 22 | 22 | | stamp program. A person convicted of an offense described by that |
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| 23 | 23 | | section is not ineligible for benefits under the food stamp program |
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| 24 | 24 | | because of the conviction unless ineligibility is imposed by this |
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| 25 | 25 | | section. |
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| 26 | 26 | | (c) An applicant who has been convicted of an offense |
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| 27 | 27 | | described in Subsection (b) during the five-year period preceding |
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| 28 | 28 | | the date of the application must submit to drug testing to be |
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| 29 | 29 | | eligible for benefits under the food stamp program. The department |
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| 30 | 30 | | shall provide for drug testing of each applicant described by this |
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| 31 | 31 | | subsection. |
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| 32 | 32 | | (d) An applicant whose drug test indicates the presence in |
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| 33 | 33 | | the applicant's body of a controlled substance that was not |
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| 34 | 34 | | prescribed for the applicant by a health practitioner is ineligible |
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| 35 | 35 | | for benefits under the food stamp program until the first |
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| 36 | 36 | | anniversary of the date the test was administered. |
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| 37 | 37 | | (e) An applicant whose drug test does not indicate the |
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| 38 | 38 | | presence in the applicant's body of a controlled substance that was |
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| 39 | 39 | | not prescribed for the applicant by a health practitioner must |
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| 40 | 40 | | submit to subsequent monthly drug tests while receiving those |
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| 41 | 41 | | benefits. A person whose subsequent drug test indicates the |
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| 42 | 42 | | presence in the person's body of a controlled substance that was not |
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| 43 | 43 | | prescribed for the person by a health practitioner is ineligible |
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| 44 | 44 | | for benefits under the food stamp program until the first |
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| 45 | 45 | | anniversary of the date that test was administered. |
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| 46 | 46 | | (f) A person denied eligibility under this section must |
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| 47 | 47 | | submit to additional monthly drug tests if the person reapplies for |
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| 48 | 48 | | benefits under the food stamp program after expiration of the |
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| 49 | 49 | | ineligibility period, regardless of the date of the person's |
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| 50 | 50 | | conviction described in Subsection (b). |
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| 51 | 51 | | (g) Before denying benefits under the food stamp program to |
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| 52 | 52 | | a person under this section, the department must: |
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| 53 | 53 | | (1) notify the person of the results of the drug test |
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| 54 | 54 | | and the department's proposed determination of ineligibility; |
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| 55 | 55 | | (2) confirm the results of the drug test through a |
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| 56 | 56 | | second drug test or other appropriate method; and |
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| 57 | 57 | | (3) provide the person with an opportunity for a |
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| 58 | 58 | | public hearing concerning the results of the drug tests. |
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| 59 | 59 | | (h) The executive commissioner shall adopt rules |
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| 60 | 60 | | implementing this section. |
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| 61 | 61 | | SECTION 2. Section 33.016, Human Resources Code, as added |
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| 62 | 62 | | by this Act, applies only to a person who applies for benefits |
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| 63 | 63 | | under the food stamp program under Chapter 33, Human Resources |
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| 64 | 64 | | Code, or for a recertification of eligibility for those benefits, |
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| 65 | 65 | | on or after the effective date of this Act. |
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| 66 | 66 | | SECTION 3. If before implementing any provision of this Act |
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| 67 | 67 | | a state agency determines that a waiver or authorization from a |
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| 68 | 68 | | federal agency is necessary for implementation, the state agency |
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| 69 | 69 | | shall request the waiver or authorization and may delay |
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| 70 | 70 | | implementing that provision until the waiver or authorization is |
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| 71 | 71 | | granted. |
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| 72 | 72 | | SECTION 4. This Act takes effect September 1, 2009. |
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