Texas 2015 - 84th Regular

Texas House Bill HB352 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R1182 EES-D
2	2	By: King of Hemphill H.B. No. 352
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 benefits
8	8	under the Temporary Assistance for Needy Families (TANF) program.
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. (a)
13	13	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 (g) and (h):
19	19	(1) each adult applicant for financial assistance
20	20	benefits, including an applicant applying solely on behalf of a
21	21	child, who initially applies for those benefits or who applies for
22	22	the continuation of those benefits must submit to a marihuana and
23	23	controlled substance use screening assessment; and
24	24	(2) each minor parent who is the head of household must
25	25	submit to a marihuana and controlled substance use screening
26	26	assessment on the initial application for financial assistance
27	27	benefits and on any application for the continuation of those
28	28	benefits.
29	29	(c) A person whose marihuana and controlled substance use
30	30	screening assessment conducted under this section indicates good
31	31	cause to suspect the person of marihuana or controlled substance
32	32	use shall submit to a drug test.
33	33	(d) Except as provided in Subsection (f), a person whose
34	34	drug test conducted under this section 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 is ineligible for
37	37	financial assistance benefits, and is ineligible to receive those
38	38	benefits on behalf of the person's family, for a period of 12 months
39	39	beginning on the first day of the month after the month in which the
40	40	drug test was administered.
41	41	(e) Except as provided in Subsection (f), if, following a
42	42	12-month period of ineligibility under Subsection (d), a person
43	43	reapplies for financial assistance benefits and the results of a
44	44	drug test required by Subsection (g) indicate the presence in the
45	45	person's body of a controlled substance not prescribed for the
46	46	person by a health care practitioner or marihuana, the person is
47	47	ineligible for financial assistance benefits, and is ineligible to
48	48	receive those benefits on behalf of the person's family, for a
49	49	period of 36 months beginning on the first day of the month after
50	50	the month in which the drug test was administered.
51	51	(f) A person who is denied financial assistance benefits
52	52	because of the results of a drug test conducted under this section
53	53	may reapply for financial assistance benefits six months after the
54	54	first day of the month after the month in which the drug test was
55	55	administered if the person provides proof of the person's
56	56	successful completion of or current enrollment in a substance abuse
57	57	treatment program. A person reapplying for financial assistance
58	58	benefits must submit to a drug test as required by Subsection (g),
59	59	regardless of whether the person is continuing to receive substance
60	60	abuse treatment.
61	61	(g) A person who is denied financial assistance benefits
62	62	because of the results of a drug test conducted under this section
63	63	must submit to a drug test, without first submitting to a marihuana
64	64	and controlled substance use screening assessment, at the time of
65	65	any reapplication for financial assistance benefits and on any
66	66	application for the continuation of those benefits.
67	67	(h) A person who has been convicted of a felony drug offense
68	68	must submit to a drug test, without first submitting to a marihuana
69	69	and controlled substance use screening assessment, at the time of
70	70	an initial application for financial assistance benefits and on any
71	71	application for the continuation of those benefits.
72	72	(i) If a person is denied eligibility for financial
73	73	assistance benefits three times because of the results of a drug
74	74	test conducted under this section, the person is permanently
75	75	ineligible for those benefits and is permanently ineligible to
76	76	receive those benefits on behalf of the person's family.
77	77	(j) Before denying financial assistance benefits under this
78	78	section, the commission must:
79	79	(1) notify the person who submitted to a drug test of
80	80	the results of the test and the commission's proposed determination
81	81	of ineligibility; and
82	82	(2) confirm the results of the drug test through a
83	83	second drug test or other appropriate method.
84	84	(k) The results of a drug test administered as provided by
85	85	Subsection (j)(2) to confirm the results of a previous drug test are
86	86	not considered for purposes of Subsection (e) or (i).
87	87	(l) The denial of financial assistance benefits to an
88	88	applicant because of the results of a drug test conducted under this
89	89	section does not affect the eligibility of the person's child or
90	90	family members for those benefits.
91	91	(m) If a parent or caretaker relative of a dependent child
92	92	is ineligible to receive financial assistance benefits on behalf of
93	93	the child because of the results of a drug test conducted under this
94	94	section, the parent or caretaker relative, as applicable, shall
95	95	select a protective payee to receive financial assistance benefits
96	96	on behalf of the child. The parent or caretaker relative, as
97	97	applicable, may choose an immediate family member to serve as the
98	98	protective payee or, if an immediate family member is not available
99	99	or declines to serve as the protective payee, the person may choose
100	100	another person approved by the commission. A person must submit to
101	101	a marihuana and controlled substance use screening assessment to
102	102	establish the person's eligibility to serve as a protective payee.
103	103	A person whose marihuana and controlled substance use screening
104	104	assessment indicates good cause to suspect the person of marihuana
105	105	or controlled substance use shall submit to a drug test to establish
106	106	the eligibility of the person to serve as a protective payee. A
107	107	person whose drug test conducted under this section indicates the
108	108	presence in the person's body of a controlled substance not
109	109	prescribed for the person by a health care practitioner or
110	110	marihuana is ineligible to serve as a protective payee.
111	111	(n) The commission shall:
112	112	(1) use the most efficient and cost-effective
113	113	marihuana and controlled substance use screening assessment tool
114	114	that the commission and the Department of State Health Services can
115	115	develop based on validated marihuana and controlled substance use
116	116	screening assessment tools; and
117	117	(2) pay the cost of any marihuana and controlled
118	118	substance use screening assessment or drug test administered under
119	119	this section out of the federal Temporary Assistance for Needy
120	120	Families block grant funds.
121	121	(o) The commission shall report to the Department of Family
122	122	and Protective Services for use in an investigation conducted under
123	123	Chapter 261, Family Code, if applicable, a person whose drug test
124	124	conducted under this section indicates the presence in the person's
125	125	body of a controlled substance not prescribed for the person by a
126	126	health care practitioner or marihuana.
127	127	(p) The commission shall provide each person who is denied
128	128	financial assistance benefits as a result of a drug test conducted
129	129	under this section with a list of substance abuse treatment
130	130	providers located in the area where the person resides.
131	131	(q) Nothing in this section requires the commission or the
132	132	state to provide or pay for substance abuse treatment for a person
133	133	whose drug test conducted under this section indicates the presence
134	134	in the person's body of a controlled substance not prescribed for
135	135	the person by a health care practitioner or marihuana.
136	136	(r) The executive commissioner of the commission shall
137	137	adopt rules implementing this section.
138	138	SECTION 2. (a) Section 31.0321, Human Resources Code, as
139	139	added by this Act, applies to:
140	140	(1) an adult applicant, including an applicant
141	141	applying solely on behalf of a child, who initially applies for
142	142	financial assistance benefits under Chapter 31, Human Resources
143	143	Code, on or after the effective date of this Act;
144	144	(2) a minor parent who is the head of household who
145	145	initially applies for financial assistance benefits under Chapter
146	146	31, Human Resources Code, on or after the effective date of this
147	147	Act;
148	148	(3) an adult applicant, including an applicant
149	149	applying solely on behalf of a child, who applies for the
150	150	continuation of financial assistance benefits under Chapter 31,
151	151	Human Resources Code, on or after the effective date of this Act;
152	152	and
153	153	(4) a minor parent who is the head of household who
154	154	applies for the continuation of financial assistance benefits under
155	155	Chapter 31, Human Resources Code, on or after the effective date of
156	156	this Act.
157	157	(b) Except as provided by Subsections (a)(3) and (4) of this
158	158	section, an adult applicant, including an applicant applying solely
159	159	on behalf of a child, or a minor parent who is the head of household
160	160	who applied for financial assistance benefits under Chapter 31,
161	161	Human Resources Code, before the effective date of this Act is
162	162	governed by the law in effect when the person applied for financial
163	163	assistance benefits, and that law is continued in effect for that
164	164	purpose.
165	165	SECTION 3. If before implementing any provision of this Act
166	166	a state agency determines that a waiver or authorization from a
167	167	federal agency is necessary for implementation of that provision,
168	168	the agency affected by the provision shall request the waiver or
169	169	authorization and may delay implementing that provision until the
170	170	waiver or authorization is granted.
171	171	SECTION 4. This Act takes effect September 1, 2015.