By: Nelson, et al. S.B. No. 11
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" and "marihuana" have the
meanings assigned by Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (h) and (i), 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 marihuana and controlled substance
use screening assessment. In addition, each minor parent who is the
head of household must submit to a marihuana and controlled
substance use screening assessment on the initial application for
financial assistance benefits and on any application for the
continuation of those benefits.
(c) 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, subject to rules adopted under
Subsection (o) that exempt the person from the drug test.
(d) The first time a person is required to submit to a drug
test under this section and the drug test indicates the presence in
the person's body of a controlled substance not prescribed for the
person by a health care practitioner or marihuana, the person is
ineligible for financial assistance benefits for a period of six
months. The denial of eligibility for financial assistance
benefits to a person under this subsection does not affect the
eligibility of the person's family for financial assistance
benefits.
(e) Except as provided in Subsection (f), the second time a
person is required to submit to a drug test under this section and
the drug test indicates the presence in the person's body of a
controlled substance not prescribed for the person by a health care
practitioner or marihuana, the person is ineligible for financial
assistance benefits for a period of 12 months.
(f) A person who is denied eligibility for financial
assistance benefits for a second time because of the results of a
drug test conducted under this section may reapply for financial
assistance benefits six months after the date the person's period
of ineligibility began 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 (h)
regardless of whether the person is continuing to receive substance
abuse treatment, subject to rules adopted under Subsection (o) that
exempt the person from the drug test.
(g) The third time a person is required to submit to a drug
test under this section and the drug test indicates the presence in
the person's body of a controlled substance not prescribed for the
person by a health care practitioner or marihuana, the person is
permanently ineligible for financial assistance benefits.
(h) A person who is denied eligibility for 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 marihuana and 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, subject to rules adopted under Subsection (o) that
exempt the person from the drug test.
(i) A person who has been convicted of a felony drug offense
must submit to a drug test, without first submitting to a marihuana
and 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, subject to
rules adopted under Subsection (o) that exempt the person from the
drug test.
(j) Before denying eligibility for 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.
(k) The results of a drug test administered as provided by
Subsection (j)(2) to confirm the results of a previous drug test are
not considered for purposes of Subsection (e) or (g).
(l) The commission shall:
(1) 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; and
(2) pay the cost of any marihuana and 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 or marihuana.
(n) If a parent or caretaker relative of a dependent child
is ineligible under Subsection (e) or (g) to receive financial
assistance benefits on behalf of the child because of the results of
a drug test conducted under this section, the commission shall
designate a protective payee to receive financial assistance
benefits on behalf of the child. 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.
(o) The executive commissioner of the commission shall
adopt rules implementing this section, including rules that exempt
a person from having to submit to a drug test under this section if:
(1) there is no person who is authorized to administer
a drug test under this section in the county in which the person
resides; and
(2) submitting to a drug test outside the person's
county would impose an unreasonable hardship on the person.
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 Subdivisions (3) and (4),
Subsection (a) 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.