81R2390 UM-D
By: Brown of Brazos H.B. No. 354
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility and drug testing of certain persons
seeking food stamp benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 33, Human Resources Code, is amended by
adding Section 33.016 to read as follows:
Sec. 33.016. ELIGIBILITY AND DRUG TESTING OF CERTAIN PERSONS
FOR FOOD STAMP BENEFITS. (a) In this section, "controlled
substance" has the meaning assigned by Chapter 481, Health and
Safety Code.
(b) An applicant for benefits under the food stamp program
must state in writing whether the applicant has been convicted of an
offense described by 21 U.S.C. Section 862a(a). As authorized by 21
U.S.C. Section 862a(d)(1)(A), 21 U.S.C. Section 862a(a) does not
apply in determining whether a person convicted of an offense
described by that section is eligible for benefits under the food
stamp program. A person convicted of an offense described by that
section is not ineligible for benefits under the food stamp program
because of the conviction unless ineligibility is imposed by this
section.
(c) An applicant who has been convicted of an offense
described in Subsection (b) during the five-year period preceding
the date of the application must submit to drug testing to be
eligible for benefits under the food stamp program. The department
shall provide for drug testing of each applicant described by this
subsection.
(d) An applicant whose drug test indicates the presence in
the applicant's body of a controlled substance that was not
prescribed for the applicant by a health practitioner is ineligible
for benefits under the food stamp program until the first
anniversary of the date the test was administered.
(e) An applicant whose drug test does not indicate the
presence in the applicant's body of a controlled substance that was
not prescribed for the applicant by a health practitioner must
submit to subsequent monthly drug tests while receiving those
benefits. A person whose subsequent drug test indicates the
presence in the person's body of a controlled substance that was not
prescribed for the person by a health practitioner is ineligible
for benefits under the food stamp program until the first
anniversary of the date that test was administered.
(f) A person denied eligibility under this section must
submit to additional monthly drug tests if the person reapplies for
benefits under the food stamp program after expiration of the
ineligibility period, regardless of the date of the person's
conviction described in Subsection (b).
(g) Before denying benefits under the food stamp program to
a person under this section, the department must:
(1) notify the person of the results of the drug test
and the department's proposed determination of ineligibility;
(2) confirm the results of the drug test through a
second drug test or other appropriate method; and
(3) provide the person with an opportunity for a
public hearing concerning the results of the drug tests.
(h) The executive commissioner shall adopt rules
implementing this section.
SECTION 2. Section 33.016, Human Resources Code, as added
by this Act, applies only to a person who applies for benefits
under the food stamp program under Chapter 33, Human Resources
Code, or for a recertification of eligibility for those benefits,
on or after the effective date of this Act.
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, the state agency
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, 2009.