Texas 2019 - 86th Regular

Texas House Bill HB320 Compare Versions

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

Old	New	Differences
1	1	86R95 EES-F
2	2	By: King of Hemphill H.B. No. 320
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, "controlled substance" and "marihuana" have the
14	14	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 use of marihuana, other than low-THC
29	29	cannabis prescribed for the person by a physician as authorized by
30	30	Chapter 169, Occupations Code, or use of a controlled substance not
31	31	prescribed for the person by a health care practitioner shall
32	32	submit to a drug test.
33	33	(d) Except as provided in Subsections (f) and (g), a person
34	34	whose drug test conducted under this section indicates the presence
35	35	in the person's body of marihuana, other than low-THC cannabis
36	36	prescribed as described by Subsection (c), or of a controlled
37	37	substance not prescribed for the person as described by that
38	38	subsection is ineligible for financial assistance benefits, and is
39	39	ineligible to receive those benefits on behalf of the person's
40	40	family, for a period of 12 months beginning on the first day of the
41	41	month after the month in which the drug test was administered.
42	42	(e) Except as provided in Subsections (f) and (g), if,
43	43	following a 12-month period of ineligibility under Subsection (d),
44	44	a person reapplies for financial assistance benefits and the
45	45	results of a drug test required by Subsection (h) indicate the
46	46	presence in the person's body of marihuana, other than low-THC
47	47	cannabis prescribed as described by Subsection (c), or of a
48	48	controlled substance not prescribed as described by that
49	49	subsection, the person is ineligible for financial assistance
50	50	benefits, and is ineligible to receive those benefits on behalf of
51	51	the person's family, for a period of 36 months beginning on the
52	52	first day of the month after the month in which the drug test was
53	53	administered.
54	54	(f) A person who is denied financial assistance benefits
55	55	because of the results of a drug test conducted under this section
56	56	may reapply for financial assistance benefits six months after the
57	57	first day of the month after the month in which the drug test was
58	58	administered if the person provides proof of the person's
59	59	successful completion of or current enrollment in a substance abuse
60	60	treatment program. A person reapplying for financial assistance
61	61	benefits must submit to a drug test as required by Subsection (h),
62	62	regardless of whether the person is continuing to receive substance
63	63	abuse treatment.
64	64	(g) A person's eligibility for financial assistance
65	65	benefits is not affected by the results of a drug test conducted
66	66	under Subsection (c) indicating the presence in the person's body
67	67	of marihuana, other than low-THC cannabis prescribed as described
68	68	by Subsection (c), or of a controlled substance not prescribed as
69	69	described by that subsection if, not later than the 10th day after
70	70	the date the person is notified of the results of the drug test, the
71	71	person enrolls in a substance abuse treatment program. In adopting
72	72	rules for the implementation of this section, the executive
73	73	commissioner shall include rules that require a person who is
74	74	subject to this subsection to submit proof of continued enrollment
75	75	in or successful completion of a substance abuse treatment program
76	76	in order to maintain the person's eligibility for financial
77	77	assistance benefits.
78	78	(h) A person who is denied financial assistance benefits
79	79	because of the results of a drug test conducted under this section
80	80	must submit to a drug test, without first submitting to a marihuana
81	81	and controlled substance use screening assessment, at the time of
82	82	any reapplication for financial assistance benefits and on any
83	83	application for the continuation of those benefits.
84	84	(i) A person who has been convicted of a felony drug offense
85	85	must submit to a drug test, without first submitting to a marihuana
86	86	and controlled substance use screening assessment, at the time of
87	87	an initial application for financial assistance benefits and on any
88	88	application for the continuation of those benefits.
89	89	(j) If a person is denied eligibility for financial
90	90	assistance benefits three times because of the results of a drug
91	91	test conducted under this section, the person is permanently
92	92	ineligible for those benefits and is permanently ineligible to
93	93	receive those benefits on behalf of the person's family.
94	94	(k) Before denying financial assistance benefits under this
95	95	section, the commission must:
96	96	(1) notify the person who submitted to a drug test of
97	97	the results of the test and the commission's proposed determination
98	98	of ineligibility; and
99	99	(2) confirm the results of the drug test through a
100	100	second drug test or other appropriate method.
101	101	(l) The results of a drug test administered as provided by
102	102	Subsection (k)(2) to confirm the results of a previous drug test are
103	103	not considered for purposes of Subsection (e), (g), or (j).
104	104	(m) The denial of financial assistance benefits to an
105	105	applicant because of the results of a drug test conducted under this
106	106	section does not affect the eligibility of the person's child or
107	107	family members for those benefits.
108	108	(n) If a parent or caretaker relative of a dependent child
109	109	is ineligible to receive financial assistance benefits on behalf of
110	110	the child because of the results of a drug test conducted under this
111	111	section, the parent or caretaker relative, as applicable, shall
112	112	select a protective payee to receive financial assistance benefits
113	113	on behalf of the child. The parent or caretaker relative, as
114	114	applicable, may choose an immediate family member to serve as the
115	115	protective payee or, if an immediate family member is not available
116	116	or declines to serve as the protective payee, the person may choose
117	117	another person approved by the commission. A person must submit to
118	118	a marihuana and controlled substance use screening assessment to
119	119	establish the person's eligibility to serve as a protective payee.
120	120	A person whose marihuana and controlled substance use screening
121	121	assessment indicates good cause to suspect the person of use of
122	122	marihuana, other than low-THC cannabis prescribed as described by
123	123	Subsection (c), or of use of a controlled substance not prescribed
124	124	as described by that subsection shall submit to a drug test to
125	125	establish the eligibility of the person to serve as a protective
126	126	payee. A person whose drug test conducted under this section
127	127	indicates the presence in the person's body of marihuana, other
128	128	than low-THC cannabis prescribed as described by Subsection (c), or
129	129	of a controlled substance not prescribed as described by that
130	130	subsection is ineligible to serve as a protective payee.
131	131	(o) The commission shall:
132	132	(1) use the most efficient and cost-effective
133	133	marihuana and controlled substance use screening assessment tool
134	134	that the commission and the Department of State Health Services can
135	135	develop based on validated marihuana and controlled substance use
136	136	screening assessment tools; and
137	137	(2) pay the cost of any marihuana and controlled
138	138	substance use screening assessment or drug test administered under
139	139	this section out of the federal Temporary Assistance for Needy
140	140	Families block grant funds.
141	141	(p) The commission shall report to the Department of Family
142	142	and Protective Services for use in an investigation conducted under
143	143	Chapter 261, Family Code, if applicable, a person whose drug test
144	144	conducted under this section indicates the presence in the person's
145	145	body of marihuana, other than low-THC cannabis prescribed as
146	146	described by Subsection (c), or of a controlled substance not
147	147	prescribed as described by that subsection.
148	148	(q) The commission shall provide each person who is denied
149	149	financial assistance benefits as a result of a drug test conducted
150	150	under this section with a list of substance abuse treatment
151	151	providers located in the area where the person resides.
152	152	(r) Nothing in this section requires the commission or the
153	153	state to provide or pay for substance abuse treatment for a person
154	154	whose drug test conducted under this section indicates the presence
155	155	in the person's body of marihuana, other than low-THC cannabis
156	156	prescribed as described by Subsection (c), or of a controlled
157	157	substance not prescribed as described by that subsection.
158	158	(s) The executive commissioner shall adopt rules
159	159	implementing this section.
160	160	SECTION 2. (a) Section 31.0321, Human Resources Code, as
161	161	added by this Act, applies to:
162	162	(1) an adult applicant, including an applicant
163	163	applying solely on behalf of a child, who initially applies for
164	164	financial assistance benefits under Chapter 31, Human Resources
165	165	Code, on or after the effective date of this Act;
166	166	(2) a minor parent who is the head of household who
167	167	initially applies for financial assistance benefits under Chapter
168	168	31, Human Resources Code, on or after the effective date of this
169	169	Act;
170	170	(3) an adult applicant, including an applicant
171	171	applying solely on behalf of a child, who applies for the
172	172	continuation of financial assistance benefits under Chapter 31,
173	173	Human Resources Code, on or after the effective date of this Act;
174	174	and
175	175	(4) a minor parent who is the head of household who
176	176	applies for the continuation of financial assistance benefits under
177	177	Chapter 31, Human Resources Code, on or after the effective date of
178	178	this Act.
179	179	(b) Except as provided by Subsections (a)(3) and (4) of this
180	180	section, an adult applicant, including an applicant applying solely
181	181	on behalf of a child, or a minor parent who is the head of household
182	182	who applied for financial assistance benefits under Chapter 31,
183	183	Human Resources Code, before the effective date of this Act is
184	184	governed by the law in effect when the person applied for financial
185	185	assistance benefits, and that law is continued in effect for that
186	186	purpose.
187	187	SECTION 3. If before implementing any provision of this Act
188	188	a state agency determines that a waiver or authorization from a
189	189	federal agency is necessary for implementation of that provision,
190	190	the agency affected by the provision shall request the waiver or
191	191	authorization and may delay implementing that provision until the
192	192	waiver or authorization is granted.
193	193	SECTION 4. This Act takes effect September 1, 2019.