83R2792 EES-D
By: Riddle H.B. No. 1582
A BILL TO BE ENTITLED
AN ACT
relating to the drug screening and testing of certain persons
seeking and receiving financial assistance benefits and the
application requirements for those benefits; creating an offense.
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 (g) and (h), each
adult applicant for financial assistance benefits, including an
applicant applying solely on behalf of a child, is subject to and,
if selected, must submit to a random, unannounced marihuana and
controlled substance use screening assessment to establish the
applicant's or the child's eligibility for the benefits. In
addition, each minor parent who is the head of household is subject
to and, if selected, must submit to a random, unannounced marihuana
and controlled substance use screening assessment to establish the
minor's eligibility for the benefits.
(c) Each adult recipient of financial assistance benefits,
including a recipient receiving benefits solely on behalf of a
child, is subject to at any time during the eligibility period and,
if selected, must submit to a random, unannounced marihuana and
controlled substance use screening assessment to maintain the
recipient's or the child's eligibility for the benefits. In
addition, each minor parent who is the head of household is subject
to at any time during the eligibility period and, if selected, must
submit to a random, unannounced marihuana and controlled substance
use screening assessment to maintain the minor's eligibility for
the benefits.
(d) 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 to establish or maintain the
eligibility of the person and the person's family for financial
assistance benefits.
(e) Except as provided in Subsection (f), 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 the person and the person's
family for a period of 12 months beginning on the first day of the
month after the month in which the drug test was administered.
(f) 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 six months after the
first day of the month after the month in which the drug test was
administered 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 (g),
regardless of whether the person is continuing to receive substance
abuse treatment.
(g) A person who is denied financial assistance benefits
because of the results of a drug test conducted under this section
must submit to a drug test at the time of any reapplication for
financial assistance benefits and on any application for the
continuation of those benefits to establish the eligibility of the
person and the person's family for the benefits.
(h) A person who has been convicted of a felony drug offense
must submit to a drug test at the time of an initial application for
financial assistance benefits and on any application for the
continuation of those benefits to establish the eligibility of the
person's family for the benefits.
(i) Before denying 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.
(j) The commission shall 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.
(k) The executive commissioner of the commission shall
adopt rules implementing this section.
SECTION 2. Subchapter B, Chapter 31, Human Resources Code,
is amended by adding Section 31.0327 to read as follows:
Sec. 31.0327. REQUIRED AFFIDAVIT ON APPLICATION; CRIMINAL
OFFENSE. (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 for financial assistance benefits,
including an applicant applying solely on behalf of a child, must
submit to the commission, in the form and manner prescribed by the
commission, an affidavit executed by the person stating that the
person is not at the time of the application using, and will not use
during any period for which the person, or a child on whose behalf
the person applies for financial assistance benefits, receives
financial assistance benefits under this chapter, a controlled
substance not prescribed for the person by a health care
practitioner or marihuana.
(c) A person commits an offense if the person uses a
controlled substance not prescribed for the person by a health care
practitioner or marihuana in violation of the person's sworn
statement in an affidavit required under Subsection (b).
(d) An offense under this section is a Class B misdemeanor.
(e) If conduct constituting an offense under this section
also constitutes an offense under another provision of law,
including a provision in the Penal Code, the person may be
prosecuted under both provisions.
SECTION 3. (a) Section 31.0321, Human Resources Code, as
added by this Act, applies to an adult who applies for or receives
financial assistance benefits under Chapter 31, Human Resources
Code, including an adult who applies for or receives those benefits
solely on behalf of a child, on or after the effective date of this
Act.
(b) Section 31.0321, Human Resources Code, as added by this
Act, applies to a minor parent who is the head of household and who
applies for or receives financial assistance benefits under Chapter
31, Human Resources Code, on or after the effective date of this
Act.
SECTION 4. (a) Except as provided by Subsection (b) of this
section, Section 31.0327, Human Resources Code, as added by this
Act, applies only on an initial application of a person for
financial assistance benefits under Chapter 31, Human Resources
Code, made on or after the effective date of this Act.
(b) Section 31.0327, Human Resources Code, as added by this
Act, applies on the first application of a person receiving
financial assistance benefits under Chapter 31, Human Resources
Code, on the effective date of this Act for continuation of those
benefits that is made on or after the effective date of this Act.
SECTION 5. 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 6. This Act takes effect September 1, 2013.