Texas 2013 - 83rd Regular

Texas Senate Bill SB11 Compare Versions

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1	1	By: Nelson, et al. S.B. No. 11
2	2	(Price)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the drug testing of certain persons seeking financial
8	8	assistance benefits.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter B, Chapter 31, Human Resources Code,
11	11	is amended by adding Section 31.0321 to read as follows:
12	12	Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY.
13	13	(a) In this section:
14	14	(1) "Commission" means the Health and Human Services
15	15	Commission.
16	16	(2) "Controlled substance" and "marihuana" have the
17	17	meanings assigned by Chapter 481, Health and Safety Code.
18	18	(b) Except as provided in Subsections (h) and (i), each
19	19	adult applicant for financial assistance benefits, including an
20	20	applicant applying solely on behalf of a child, who initially
21	21	applies for those benefits or who applies for the continuation of
22	22	those benefits must submit to a marihuana and controlled substance
23	23	use screening assessment. In addition, each minor parent who is the
24	24	head of household must submit to a marihuana and controlled
25	25	substance use screening assessment on the initial application for
26	26	financial assistance benefits and on any application for the
27	27	continuation of those benefits.
28	28	(c) A person whose marihuana and controlled substance use
29	29	screening assessment conducted under this section indicates good
30	30	cause to suspect the person of marihuana or controlled substance
31	31	use shall submit to a drug test, subject to rules adopted under
32	32	Subsection (o) that exempt the person from the drug test.
33	33	(d) The first time a person is required to submit to a drug
34	34	test under this section and the drug test indicates the presence in
35	35	the person's body of a controlled substance not prescribed for the
36	36	person by a health care practitioner or marihuana, the person is
37	37	ineligible for financial assistance benefits for a period of six
38	38	months. The denial of eligibility for financial assistance
39	39	benefits to a person under this subsection does not affect the
40	40	eligibility of the person's family for financial assistance
41	41	benefits.
42	42	(e) Except as provided in Subsection (f), the second time a
43	43	person is required to submit to a drug test under this section and
44	44	the drug test indicates the presence in the person's body of a
45	45	controlled substance not prescribed for the person by a health care
46	46	practitioner or marihuana, the person is ineligible for financial
47	47	assistance benefits for a period of 12 months.
48	48	(f) A person who is denied eligibility for financial
49	49	assistance benefits for a second time because of the results of a
50	50	drug test conducted under this section may reapply for financial
51	51	assistance benefits six months after the date the person's period
52	52	of ineligibility began if the person provides proof of the person's
53	53	successful completion of or current enrollment in a substance abuse
54	54	treatment program. A person reapplying for financial assistance
55	55	benefits must submit to a drug test as required by Subsection (h)
56	56	regardless of whether the person is continuing to receive substance
57	57	abuse treatment, subject to rules adopted under Subsection (o) that
58	58	exempt the person from the drug test.
59	59	(g) The third time a person is required to submit to a drug
60	60	test under this section and the drug test indicates the presence in
61	61	the person's body of a controlled substance not prescribed for the
62	62	person by a health care practitioner or marihuana, the person is
63	63	permanently ineligible for financial assistance benefits.
64	64	(h) A person who is denied eligibility for financial
65	65	assistance benefits because of the results of a drug test conducted
66	66	under this section must submit to a drug test, without first
67	67	submitting to a marihuana and controlled substance use screening
68	68	assessment, at the time of any reapplication for financial
69	69	assistance benefits and on any application for the continuation of
70	70	those benefits, subject to rules adopted under Subsection (o) that
71	71	exempt the person from the drug test.
72	72	(i) A person who has been convicted of a felony drug offense
73	73	must submit to a drug test, without first submitting to a marihuana
74	74	and controlled substance use screening assessment, at the time of
75	75	an initial application for financial assistance benefits and on any
76	76	application for the continuation of those benefits, subject to
77	77	rules adopted under Subsection (o) that exempt the person from the
78	78	drug test.
79	79	(j) Before denying eligibility for financial assistance
80	80	benefits under this section, the commission must:
81	81	(1) notify the person who submitted to a drug test of
82	82	the results of the test and the commission's proposed determination
83	83	of ineligibility; and
84	84	(2) confirm the results of the drug test through a
85	85	second drug test or other appropriate method.
86	86	(k) The results of a drug test administered as provided by
87	87	Subsection (j)(2) to confirm the results of a previous drug test are
88	88	not considered for purposes of Subsection (e) or (g).
89	89	(l) The commission shall:
90	90	(1) use the most efficient and cost-effective
91	91	marihuana and controlled substance use screening assessment tool
92	92	that the commission and the Department of State Health Services can
93	93	develop based on validated marihuana and controlled substance use
94	94	screening assessment tools; and
95	95	(2) pay the cost of any marihuana and controlled
96	96	substance use screening assessment or drug test administered under
97	97	this section out of the federal Temporary Assistance for Needy
98	98	Families block grant funds.
99	99	(m) The commission shall report to the Department of Family
100	100	and Protective Services for use in an investigation conducted under
101	101	Chapter 261, Family Code, if applicable, a person whose drug test
102	102	conducted under this section indicates the presence in the person's
103	103	body of a controlled substance not prescribed for the person by a
104	104	health care practitioner or marihuana.
105	105	(n) If a parent or caretaker relative of a dependent child
106	106	is ineligible under Subsection (e) or (g) to receive financial
107	107	assistance benefits on behalf of the child because of the results of
108	108	a drug test conducted under this section, the commission shall
109	109	designate a protective payee to receive financial assistance
110	110	benefits on behalf of the child. A person must submit to a
111	111	controlled substance use screening assessment to establish the
112	112	person's eligibility to serve as a protective payee. A person whose
113	113	controlled substance use screening assessment indicates good cause
114	114	to suspect the person of controlled substance use shall submit to a
115	115	drug test to establish the eligibility of the person to serve as a
116	116	protective payee. A person whose drug test conducted under this
117	117	section indicates the presence in the person's body of a controlled
118	118	substance not prescribed for the person by a health care
119	119	practitioner is ineligible to serve as a protective payee.
120	120	(o) The executive commissioner of the commission shall
121	121	adopt rules implementing this section, including rules that exempt
122	122	a person from having to submit to a drug test under this section if:
123	123	(1) there is no person who is authorized to administer
124	124	a drug test under this section in the county in which the person
125	125	resides; and
126	126	(2) submitting to a drug test outside the person's
127	127	county would impose an unreasonable hardship on the person.
128	128	SECTION 2. (a) Section 31.0321, Human Resources Code, as
129	129	added by this Act, applies to:
130	130	(1) an adult applicant, including an applicant
131	131	applying solely on behalf of a child, who initially applies for
132	132	financial assistance benefits under Chapter 31, Human Resources
133	133	Code, on or after the effective date of this Act;
134	134	(2) a minor parent who is the head of household who
135	135	initially applies for financial assistance benefits under Chapter
136	136	31, Human Resources Code, on or after the effective date of this
137	137	Act;
138	138	(3) an adult applicant, including an applicant
139	139	applying solely on behalf of a child, who applies for the
140	140	continuation of financial assistance benefits under Chapter 31,
141	141	Human Resources Code, on or after the effective date of this Act;
142	142	and
143	143	(4) a minor parent who is the head of household who
144	144	applies for the continuation of financial assistance benefits under
145	145	Chapter 31, Human Resources Code, on or after the effective date of
146	146	this Act.
147	147	(b) Except as provided by Subdivisions (3) and (4),
148	148	Subsection (a) of this section, an adult applicant, including an
149	149	applicant applying solely on behalf of a child, and a minor parent
150	150	who is the head of household who applied for financial assistance
151	151	benefits under Chapter 31, Human Resources Code, before the
152	152	effective date of this Act are governed by the law in effect when
153	153	the person applied for financial assistance benefits, and that law
154	154	is continued in effect for that purpose.
155	155	SECTION 3. If before implementing any provision of this Act
156	156	a state agency determines that a waiver or authorization from a
157	157	federal agency is necessary for implementation of that provision,
158	158	the agency affected by the provision shall request the waiver or
159	159	authorization and may delay implementing that provision until the
160	160	waiver or authorization is granted.
161	161	SECTION 4. This Act takes effect September 1, 2013.