83R6952 EES-D
By: King of Hemphill H.B. No. 1244
A BILL TO BE ENTITLED
AN ACT
relating to 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 TESTING AND 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) Each adult applicant, excluding an applicant applying
solely on behalf of a child, for financial assistance benefits must
submit to a drug test to establish the applicant's eligibility for
those benefits.
(c) Except as provided in Subsection (d), 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 is ineligible for
financial assistance benefits for a period of six months from the
date the commission receives the test results.
(d) A person who is denied financial assistance benefits
because of the results of a drug test conducted under this section
may reapply for financial assistance benefits three months after
the date the commission receives the test results 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 (b), regardless of whether the
person is continuing to receive substance abuse treatment.
(e) Before denying financial assistance benefits to a
person under this section, the commission must:
(1) notify the person of the results of the drug test
and the commission'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 test.
(f) The denial of financial assistance benefits to an adult
applicant under this section does not affect the eligibility of the
person's child or other household members for financial assistance
benefits.
(g) The commission shall prepare and submit an annual report
to the legislature that contains information on:
(1) the number of persons required to submit to a drug
test under this section;
(2) the number of persons who actually submitted to a
drug test under this section; and
(3) the number of persons denied financial assistance
benefits because of the results of a drug test required under this
section.
(h) The report required under Subsection (g):
(1) may be submitted electronically; and
(2) must be made available to the public on the
commission's Internet website.
(i) The executive commissioner of the commission shall
adopt rules implementing this section.
SECTION 2. Section 31.0321, Human Resources Code, as added
by this Act, applies only to an application for an initial
determination of eligibility for financial assistance benefits
under Chapter 31, Human Resources Code, submitted on or after the
effective date of this Act. An application for an initial
determination of eligibility for financial assistance benefits
submitted before the effective date of this Act, and any
application for a redetermination of that eligibility submitted
before, on, or after the effective date of this Act, is governed by
the law in effect immediately before the effective date of this Act,
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.