83R2042 EES-D
By: Laubenberg H.B. No. 249
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" has the meaning assigned by
Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (f) and (g), 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 controlled substance use screening
assessment to establish the applicant's eligibility for the
benefits and the applicant's eligibility to receive the benefits on
behalf of the child. In addition, each minor parent who is the head
of household must submit to a controlled substance use screening
assessment on the initial application for financial assistance
benefits and on any application for the continuation of those
benefits to establish the minor's eligibility for the benefits and
the minor's eligibility to receive the benefits on behalf of the
minor's child.
(c) A person whose controlled substance use screening
assessment conducted under this section indicates good cause to
suspect the person of controlled substance use shall submit to a
drug test to establish the eligibility of the person for financial
assistance benefits and the eligibility of the person to receive
those benefits on behalf of the person's family.
(d) Except as provided in Subsection (e), 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 for financial
assistance benefits, and is ineligible to receive those benefits on
behalf of 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.
(e) 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 (f),
regardless of whether the person is continuing to receive substance
abuse treatment.
(f) 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, without first submitting to a 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 to establish the
eligibility of the person for the benefits and the eligibility of
the person to receive the benefits on behalf of the person's family.
(g) A person who has been convicted of a felony drug offense
must submit to a drug test, without first submitting to a 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 to establish the
eligibility of the person to receive the benefits on behalf of the
person's family.
(h) If a person is denied eligibility for financial
assistance benefits three times because of the results of a drug
test conducted under this section, the person is permanently
ineligible for those benefits and is permanently ineligible to
receive those benefits on behalf of the person's family.
(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 denial of financial assistance benefits to an
applicant because of the results of a drug test conducted under this
section does not affect the eligibility of the person's child or
family members for those benefits.
(k) If a parent or caretaker relative of a dependent child
is ineligible to receive financial assistance benefits on behalf of
the child because of the results of a drug test conducted under this
section, the parent or caretaker relative, as applicable, shall
select a protective payee to receive financial assistance benefits
on behalf of the child. The parent or caretaker relative, as
applicable, may choose an immediate family member to serve as the
protective payee or, if an immediate family member is not available
or declines to serve as the protective payee, the person may choose
another person approved by the commission. 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.
(l) The commission shall:
(1) use the most efficient and cost-effective
controlled substance use screening assessment tool that the
commission and the Department of State Health Services can develop
based on validated controlled substance use screening assessment
tools; and
(2) pay the cost of any 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.
(n) The executive commissioner of the commission shall
adopt rules implementing this section.
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 Subsections (a)(3) and (4) 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.