83R2209 EES-D
By: Bohac H.B. No. 3171
A BILL TO BE ENTITLED
AN ACT
relating to the drug testing of certain persons seeking and
receiving financial assistance or supplemental nutrition
assistance benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
AND RECIPIENTS
SECTION 1.01. 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 or the child's eligibility
for the benefits. 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.
(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 and the
person's family for financial assistance benefits.
(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 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.
(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 and the person's family for the benefits.
(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's family for the benefits.
(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 and the person's
family are permanently ineligible for those 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:
(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.
(k) 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.
(l) The executive commissioner of the commission shall
adopt rules implementing this section.
SECTION 1.02. (a) Section 31.0321, Human Resources Code,
as added by this article, 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 article;
(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
article;
(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
article; 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 article.
(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 article 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.
ARTICLE 2. DRUG SCREENING AND TESTING OF CERTAIN SNAP APPLICANTS
AND RECIPIENTS
SECTION 2.01. Subchapter A, Chapter 33, Human Resources
Code, is amended by adding Section 33.018 to read as follows:
Sec. 33.018. DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
In this section, "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 supplemental nutrition 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 or
the child's eligibility for the benefits. 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
supplemental nutrition assistance benefits and on any application
for the continuation of those benefits to establish the minor's
eligibility for the benefits.
(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 and the
person's household for supplemental nutrition assistance benefits.
(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 supplemental
nutrition assistance benefits for the person and the person's
household 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 supplemental nutrition
assistance benefits because of the results of a drug test conducted
under this section may reapply for supplemental nutrition
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 supplemental nutrition 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 supplemental nutrition
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 supplemental nutrition assistance
benefits and on any application for the continuation of those
benefits to establish the eligibility of the person and the
person's household for the benefits.
(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 supplemental nutrition assistance benefits and on
any application for the continuation of those benefits to establish
the eligibility of the person's household for the benefits.
(h) If a person is denied eligibility for supplemental
nutrition assistance benefits three times because of the results of
a drug test conducted under this section, the person and the
person's household are permanently ineligible for those benefits.
(i) Before denying supplemental nutrition assistance
benefits under this section, the department must:
(1) notify the person who submitted to a drug test of
the results of the test and the department'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 department shall:
(1) use the most efficient and cost-effective
controlled substance use screening assessment tool that the
department 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.
(k) The department 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.
(l) The executive commissioner shall adopt rules
implementing this section.
SECTION 2.02. (a) Section 33.018, Human Resources Code, as
added by this article, applies to:
(1) an adult applicant, including an applicant
applying solely on behalf of a child, who initially applies for
supplemental nutrition assistance benefits under Chapter 33, Human
Resources Code, on or after the effective date of this article;
(2) a minor parent who is the head of household who
initially applies for supplemental nutrition assistance benefits
under Chapter 33, Human Resources Code, on or after the effective
date of this article;
(3) an adult applicant, including an applicant
applying solely on behalf of a child, who applies for the
continuation of supplemental nutrition assistance benefits under
Chapter 33, Human Resources Code, on or after the effective date of
this article; and
(4) a minor parent who is the head of household who
applies for the continuation of supplemental nutrition assistance
benefits under Chapter 33, Human Resources Code, on or after the
effective date of this article.
(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 supplemental nutrition assistance benefits under
Chapter 33, Human Resources Code, before the effective date of this
article are governed by the law in effect when the person applied
for supplemental nutrition assistance benefits, and that law is
continued in effect for that purpose.
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
SECTION 3.01. 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 3.02. This Act takes effect September 1, 2013.