Texas 2019 - 86th Regular

Texas House Bill HB4269 Compare Versions

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

Old	New	Differences
1	1	86R10454 MM-D
2	2	By: Zedler H.B. No. 4269
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 and
8	8	receiving financial assistance or supplemental nutrition
9	9	assistance benefits.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
12	12	AND RECIPIENTS
13	13	SECTION 1.01. Subchapter B, Chapter 31, Human Resources
14	14	Code, is amended by adding Section 31.0321 to read as follows:
15	15	Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
16	16	In this section:
17	17	(1) "Commission" means the Health and Human Services
18	18	Commission.
19	19	(2) "Controlled substance" and "marihuana" have the
20	20	meanings assigned by Chapter 481, Health and Safety Code.
21	21	(b) Except as provided in Subsections (f) and (g):
22	22	(1) each adult applicant for financial assistance
23	23	benefits, including an applicant applying solely on behalf of a
24	24	child, who initially applies for those benefits or who applies for
25	25	the continuation of those benefits must submit to a marihuana and
26	26	controlled substance use screening assessment; and
27	27	(2) each minor parent who is the head of household must
28	28	submit to a marihuana and controlled substance use screening
29	29	assessment on the initial application for financial assistance
30	30	benefits and on any application for the continuation of those
31	31	benefits.
32	32	(c) A person whose marihuana and controlled substance use
33	33	screening assessment conducted under this section indicates good
34	34	cause to suspect the person of the use of marihuana, other than
35	35	low-THC cannabis authorized by Chapter 169, Occupations Code, or
36	36	use of a controlled substance not prescribed for the person by a
37	37	health care practitioner shall submit to a drug test to establish
38	38	the eligibility of the person and the person's family for financial
39	39	assistance benefits.
40	40	(d) Except as provided in Subsection (e), a person whose
41	41	drug test conducted under this section indicates the presence in
42	42	the person's body of marihuana, other than low-THC cannabis
43	43	authorized by Chapter 169, Occupations Code, or use of a controlled
44	44	substance not prescribed for the person by a health care
45	45	practitioner is ineligible for financial assistance benefits for
46	46	the person and the person's family for a period of 12 months
47	47	beginning on the first day of the month after the month in which the
48	48	drug test was administered.
49	49	(e) A person who is denied eligibility for financial
50	50	assistance benefits because of the results of a drug test conducted
51	51	under this section may reapply for financial assistance benefits
52	52	six months after the first day of the month after the month in which
53	53	the drug test was administered if the person provides proof of the
54	54	person's successful completion of or current enrollment in a
55	55	substance abuse treatment program. A person reapplying for
56	56	financial assistance benefits must submit to a drug test as
57	57	required by Subsection (f), regardless of whether the person is
58	58	continuing to receive substance abuse treatment.
59	59	(f) A person who is denied eligibility for financial
60	60	assistance benefits because of the results of a drug test conducted
61	61	under this section must submit to a drug test, without first
62	62	submitting to a marihuana and controlled substance use screening
63	63	assessment, at the time of any reapplication for financial
64	64	assistance benefits and on any application for the continuation of
65	65	those benefits.
66	66	(g) A person who has been convicted of a felony drug offense
67	67	must submit to a drug test, without first submitting to a marihuana
68	68	and controlled substance use screening assessment, at the time of
69	69	an initial application for financial assistance benefits and on any
70	70	application for the continuation of those benefits.
71	71	(h) If a person is denied eligibility for financial
72	72	assistance benefits three times because of the results of a drug
73	73	test conducted under this section, the person and the person's
74	74	family are permanently ineligible for those benefits.
75	75	(i) Before denying eligibility for financial assistance
76	76	benefits under this section, the commission must:
77	77	(1) notify the person who submitted to a drug test of
78	78	the results of the test and the commission's proposed determination
79	79	of ineligibility; and
80	80	(2) confirm the results of the drug test through a
81	81	second drug test or other appropriate method.
82	82	(j) The commission shall:
83	83	(1) use the most efficient and cost-effective
84	84	marihuana and controlled substance use screening assessment tool
85	85	that the commission and the Department of State Health Services can
86	86	develop based on validated marihuana and controlled substance use
87	87	screening assessment tools; and
88	88	(2) pay the cost of any marihuana and controlled
89	89	substance use screening assessment or drug test administered under
90	90	this section out of the federal Temporary Assistance for Needy
91	91	Families block grant funds.
92	92	(k) The commission shall report to the Department of Family
93	93	and Protective Services for use in an investigation conducted under
94	94	Chapter 261, Family Code, if applicable, a person whose drug test
95	95	conducted under this section indicates the presence in the person's
96	96	body of marihuana, other than low-THC cannabis authorized by
97	97	Chapter 169, Occupations Code, or a controlled substance not
98	98	prescribed for the person by a health care practitioner.
99	99	(l) The executive commissioner of the commission shall
100	100	adopt rules implementing this section.
101	101	SECTION 1.02. (a) Section 31.0321, Human Resources Code,
102	102	as added by this article, applies to:
103	103	(1) an adult applicant, including an applicant
104	104	applying solely on behalf of a child, who initially applies for
105	105	financial assistance benefits under Chapter 31, Human Resources
106	106	Code, on or after the effective date of this article;
107	107	(2) a minor parent who is the head of household who
108	108	initially applies for financial assistance benefits under Chapter
109	109	31, Human Resources Code, on or after the effective date of this
110	110	article;
111	111	(3) an adult applicant, including an applicant
112	112	applying solely on behalf of a child, who applies for the
113	113	continuation of financial assistance benefits under Chapter 31,
114	114	Human Resources Code, on or after the effective date of this
115	115	article; and
116	116	(4) a minor parent who is the head of household who
117	117	applies for the continuation of financial assistance benefits under
118	118	Chapter 31, Human Resources Code, on or after the effective date of
119	119	this article.
120	120	(b) Except as provided by Subsections (a)(3) and (4) of this
121	121	section, an adult applicant, including an applicant applying solely
122	122	on behalf of a child, and a minor parent who is the head of household
123	123	who applied for financial assistance benefits under Chapter 31,
124	124	Human Resources Code, before the effective date of this article are
125	125	governed by the law in effect when the person applied for financial
126	126	assistance benefits, and that law is continued in effect for that
127	127	purpose.
128	128	ARTICLE 2. DRUG SCREENING AND TESTING OF CERTAIN SNAP APPLICANTS
129	129	AND RECIPIENTS
130	130	SECTION 2.01. Subchapter A, Chapter 33, Human Resources
131	131	Code, is amended by adding Section 33.020 to read as follows:
132	132	Sec. 33.020. DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
133	133	In this section, "controlled substance" and "marihuana" have the
134	134	meanings assigned by Chapter 481, Health and Safety Code.
135	135	(b) Except as provided in Subsections (f) and (g):
136	136	(1) each adult applicant for supplemental nutrition
137	137	assistance benefits, including an applicant applying solely on
138	138	behalf of a child, who initially applies for those benefits or who
139	139	applies for the continuation of those benefits must submit to a
140	140	marihuana and controlled substance use screening assessment; and
141	141	(2) each minor parent who is the head of household must
142	142	submit to a marihuana and controlled substance use screening
143	143	assessment on the initial application for supplemental nutrition
144	144	assistance benefits and on any application for the continuation of
145	145	those benefits.
146	146	(c) A person whose marihuana and controlled substance use
147	147	screening assessment conducted under this section indicates good
148	148	cause to suspect the person of the use of marihuana, other than
149	149	low-THC cannabis authorized by Chapter 169, Occupations Code, or
150	150	use of a controlled substance not prescribed for the person by a
151	151	health care practitioner shall submit to a drug test to establish
152	152	the eligibility of the person and the person's household for
153	153	supplemental nutrition assistance benefits.
154	154	(d) Except as provided in Subsection (e), a person whose
155	155	drug test conducted under this section indicates the presence in
156	156	the person's body of a controlled substance not prescribed for the
157	157	person by a health care practitioner or marihuana, other than
158	158	low-THC cannabis authorized by Chapter 169, Occupations Code, is
159	159	ineligible for supplemental nutrition assistance benefits for the
160	160	person and the person's household for a period of 12 months
161	161	beginning on the first day of the month after the month in which the
162	162	drug test was administered.
163	163	(e) A person who is denied eligibility for supplemental
164	164	nutrition assistance benefits because of the results of a drug test
165	165	conducted under this section may reapply for supplemental nutrition
166	166	assistance benefits six months after the first day of the month
167	167	after the month in which the drug test was administered if the
168	168	person provides proof of the person's successful completion of or
169	169	current enrollment in a substance abuse treatment program. A
170	170	person reapplying for supplemental nutrition assistance benefits
171	171	must submit to a drug test as required by Subsection (f), regardless
172	172	of whether the person is continuing to receive substance abuse
173	173	treatment.
174	174	(f) A person who is denied eligibility for supplemental
175	175	nutrition assistance benefits because of the results of a drug test
176	176	conducted under this section must submit to a drug test, without
177	177	first submitting to a marihuana and controlled substance use
178	178	screening assessment, at the time of any reapplication for
179	179	supplemental nutrition assistance benefits and on any application
180	180	for the continuation of those benefits.
181	181	(g) A person who has been convicted of a felony drug offense
182	182	must submit to a drug test, without first submitting to a marihuana
183	183	and controlled substance use screening assessment, at the time of
184	184	an initial application for supplemental nutrition assistance
185	185	benefits and on any application for the continuation of those
186	186	benefits.
187	187	(h) If a person is denied eligibility for supplemental
188	188	nutrition assistance benefits three times because of the results of
189	189	a drug test conducted under this section, the person and the
190	190	person's household are permanently ineligible for those benefits.
191	191	(i) Before denying eligibility for supplemental nutrition
192	192	assistance benefits under this section, the department must:
193	193	(1) notify the person who submitted to a drug test of
194	194	the results of the test and the department's proposed determination
195	195	of ineligibility; and
196	196	(2) confirm the results of the drug test through a
197	197	second drug test or other appropriate method.
198	198	(j) The department shall:
199	199	(1) use the most efficient and cost-effective
200	200	marihuana and controlled substance use screening assessment tool
201	201	that the department and the Department of State Health Services can
202	202	develop based on validated marihuana and controlled substance use
203	203	screening assessment tools; and
204	204	(2) pay the cost of any marihuana and controlled
205	205	substance use screening assessment or drug test administered under
206	206	this section.
207	207	(k) The department shall report to the Department of Family
208	208	and Protective Services for use in an investigation conducted under
209	209	Chapter 261, Family Code, if applicable, a person whose drug test
210	210	conducted under this section indicates the presence in the person's
211	211	body of marihuana, other than low-THC cannabis authorized by
212	212	Chapter 169, Occupations Code, or a controlled substance not
213	213	prescribed for the person by a health care practitioner.
214	214	(l) The executive commissioner shall adopt rules
215	215	implementing this section.
216	216	SECTION 2.02. (a) Section 33.020, Human Resources Code, as
217	217	added by this article, applies to:
218	218	(1) an adult applicant, including an applicant
219	219	applying solely on behalf of a child, who initially applies for
220	220	supplemental nutrition assistance benefits under Chapter 33, Human
221	221	Resources Code, on or after the effective date of this article;
222	222	(2) a minor parent who is the head of household who
223	223	initially applies for supplemental nutrition assistance benefits
224	224	under Chapter 33, Human Resources Code, on or after the effective
225	225	date of this article;
226	226	(3) an adult applicant, including an applicant
227	227	applying solely on behalf of a child, who applies for the
228	228	continuation of supplemental nutrition assistance benefits under
229	229	Chapter 33, Human Resources Code, on or after the effective date of
230	230	this article; and
231	231	(4) a minor parent who is the head of household who
232	232	applies for the continuation of supplemental nutrition assistance
233	233	benefits under Chapter 33, Human Resources Code, on or after the
234	234	effective date of this article.
235	235	(b) Except as provided by Subsections (a)(3) and (4) of this
236	236	section, an adult applicant, including an applicant applying solely
237	237	on behalf of a child, and a minor parent who is the head of household
238	238	who applied for supplemental nutrition assistance benefits under
239	239	Chapter 33, Human Resources Code, before the effective date of this
240	240	article are governed by the law in effect when the person applied
241	241	for supplemental nutrition assistance benefits, and that law is
242	242	continued in effect for that purpose.
243	243	ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
244	244	SECTION 3.01. If before implementing any provision of this
245	245	Act a state agency determines that a waiver or authorization from a
246	246	federal agency is necessary for implementation of that provision,
247	247	the agency affected by the provision shall request the waiver or
248	248	authorization and may delay implementing that provision until the
249	249	waiver or authorization is granted.
250	250	SECTION 3.02. This Act takes effect September 1, 2019.