Texas 2017 - 85th Regular

Texas House Bill HB775 Compare Versions

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

Old	New	Differences
1	1	85R4593 EES-D
2	2	By: Fallon H.B. No. 775
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.
13	13	(a) In this section, "controlled substance" and "marihuana" have
14	14	the meanings assigned by Chapter 481, Health and Safety Code.
15	15	(b) Except as provided in Subsections (h) and (i):
16	16	(1) each adult applicant for financial assistance
17	17	benefits, including an applicant applying solely on behalf of a
18	18	child, who initially applies for those benefits or who applies for
19	19	the continuation of those benefits must submit to a marihuana and
20	20	controlled substance use screening assessment; and
21	21	(2) each minor parent who is the head of household must
22	22	submit to a marihuana and controlled substance use screening
23	23	assessment on the initial application for financial assistance
24	24	benefits and on any application for the continuation of those
25	25	benefits.
26	26	(c) A person whose marihuana and controlled substance use
27	27	screening assessment conducted under this section indicates good
28	28	cause to suspect the person of marihuana or controlled substance
29	29	use shall submit to a drug test, subject to rules adopted under
30	30	Subsection (o) that exempt a person from the drug test.
31	31	(d) The first time a person is required to submit to a drug
32	32	test under this section and the drug test indicates the presence in
33	33	the person's body of a controlled substance not prescribed for the
34	34	person by a health care practitioner or marihuana, the person is
35	35	ineligible for financial assistance benefits for a period of six
36	36	months. The denial of eligibility for financial assistance
37	37	benefits to a person under this subsection does not affect the
38	38	eligibility of the person's family for financial assistance
39	39	benefits.
40	40	(e) Except as provided in Subsection (f), the second time a
41	41	person is required to submit to a drug test under this section and
42	42	the drug test indicates the presence in the person's body of a
43	43	controlled substance not prescribed for the person by a health care
44	44	practitioner or marihuana, the person is ineligible for financial
45	45	assistance benefits for a period of 12 months.
46	46	(f) A person who is denied eligibility for financial
47	47	assistance benefits for a second time because of the results of a
48	48	drug test conducted under this section may reapply for financial
49	49	assistance benefits six months after the date the person's period
50	50	of ineligibility began if the person provides proof of the person's
51	51	successful completion of or current enrollment in a substance abuse
52	52	treatment program. A person reapplying for financial assistance
53	53	benefits must submit to a drug test as required by Subsection (h)
54	54	regardless of whether the person is continuing to receive substance
55	55	abuse treatment, subject to rules adopted under Subsection (o) that
56	56	exempt a person from the drug test.
57	57	(g) The third time a person is required to submit to a drug
58	58	test under this section and the drug test indicates the presence in
59	59	the person's body of a controlled substance not prescribed for the
60	60	person by a health care practitioner or marihuana, the person is
61	61	permanently ineligible for financial assistance benefits.
62	62	(h) A person who is denied eligibility for financial
63	63	assistance benefits because of the results of a drug test conducted
64	64	under this section must submit to a drug test, without first
65	65	submitting to a marihuana and controlled substance use screening
66	66	assessment, at the time of any reapplication for financial
67	67	assistance benefits and on any application for the continuation of
68	68	those benefits, subject to rules adopted under Subsection (o) that
69	69	exempt a person from the drug test.
70	70	(i) A person who has been convicted of a felony drug offense
71	71	must submit to a drug test, without first submitting to a marihuana
72	72	and controlled substance use screening assessment, at the time of
73	73	an initial application for financial assistance benefits and on any
74	74	application for the continuation of those benefits, subject to
75	75	rules adopted under Subsection (o) that exempt a person from the
76	76	drug test.
77	77	(j) Before denying eligibility for financial assistance
78	78	benefits under this 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 (g).
87	87	(l) The commission shall:
88	88	(1) use the most efficient and cost-effective
89	89	marihuana and controlled substance use screening assessment tool
90	90	that the commission and the Department of State Health Services can
91	91	develop based on validated marihuana and controlled substance use
92	92	screening assessment tools; and
93	93	(2) pay the cost of any marihuana and controlled
94	94	substance use screening assessment or drug test administered under
95	95	this section out of the federal Temporary Assistance for Needy
96	96	Families block grant funds.
97	97	(m) The commission shall report to the Department of Family
98	98	and Protective Services for use in an investigation conducted under
99	99	Chapter 261, Family Code, if applicable, a person whose drug test
100	100	conducted under this section indicates the presence in the person's
101	101	body of a controlled substance not prescribed for the person by a
102	102	health care practitioner or marihuana.
103	103	(n) If a parent or caretaker relative of a dependent child
104	104	is ineligible under Subsection (d), (e), or (g) to receive
105	105	financial assistance benefits on behalf of the child because of the
106	106	results of a drug test conducted under this section, the commission
107	107	shall designate a protective payee to receive financial assistance
108	108	benefits on behalf of the child. A person must submit to a
109	109	marihuana and controlled substance use screening assessment to
110	110	establish the person's eligibility to serve as a protective payee.
111	111	A person whose marihuana and controlled substance use screening
112	112	assessment indicates good cause to suspect the person of marihuana
113	113	or controlled substance use shall submit to a drug test to establish
114	114	the eligibility of the person to serve as a protective payee. A
115	115	person whose drug test conducted under this section indicates the
116	116	presence in the person's body of a controlled substance not
117	117	prescribed for the person by a health care practitioner or
118	118	marihuana is ineligible to serve as a protective payee.
119	119	(o) The executive commissioner shall adopt rules
120	120	implementing this section, including rules that exempt a person
121	121	from having to submit to a drug test under this section if:
122	122	(1) there is no person who is authorized to administer
123	123	a drug test under this section in the county in which the person
124	124	resides; and
125	125	(2) submitting to a drug test outside the person's
126	126	county would impose an unreasonable hardship on the person.
127	127	SECTION 2. (a) Section 31.0321, Human Resources Code, as
128	128	added by this Act, applies to:
129	129	(1) an adult applicant, including an applicant
130	130	applying solely on behalf of a child, who initially applies for
131	131	financial assistance benefits under Chapter 31, Human Resources
132	132	Code, on or after the effective date of this Act;
133	133	(2) a minor parent who is the head of household who
134	134	initially applies for financial assistance benefits under Chapter
135	135	31, Human Resources Code, on or after the effective date of this
136	136	Act;
137	137	(3) an adult applicant, including an applicant
138	138	applying solely on behalf of a child, who applies for the
139	139	continuation of financial assistance benefits under Chapter 31,
140	140	Human Resources Code, on or after the effective date of this Act;
141	141	and
142	142	(4) a minor parent who is the head of household who
143	143	applies for the continuation of financial assistance benefits under
144	144	Chapter 31, Human Resources Code, on or after the effective date of
145	145	this Act.
146	146	(b) Except as provided by Subsections (a)(3) and (4) of this
147	147	section, an adult applicant, including an applicant applying solely
148	148	on behalf of a child, or a minor parent who is the head of household
149	149	who applied for financial assistance benefits under Chapter 31,
150	150	Human Resources Code, before the effective date of this Act is
151	151	governed by the law in effect when the person applied for financial
152	152	assistance benefits, and that law is continued in effect for that
153	153	purpose.
154	154	SECTION 3. If before implementing any provision of this Act
155	155	a state agency determines that a waiver or authorization from a
156	156	federal agency is necessary for implementation of that provision,
157	157	the agency affected by the provision shall request the waiver or
158	158	authorization and may delay implementing that provision until the
159	159	waiver or authorization is granted.
160	160	SECTION 4. This Act takes effect September 1, 2017.