86R10454 MM-D
By: Zedler H.B. No. 4269
A BILL TO BE ENTITLED
AN ACT
relating to the drug testing of certain persons seeking and
receiving financial assistance or supplemental nutrition
assistance benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. DRUG SCREENING AND TESTING OF CERTAIN TANF APPLICANTS
AND RECIPIENTS
SECTION 1.01. Subchapter B, Chapter 31, Human Resources
Code, is amended by adding Section 31.0321 to read as follows:
Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
In this section:
(1) "Commission" means the Health and Human Services
Commission.
(2) "Controlled substance" and "marihuana" have the
meanings assigned by Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (f) and (g):
(1) each adult applicant for financial assistance
benefits, including an applicant applying solely on behalf of a
child, who initially applies for those benefits or who applies for
the continuation of those benefits must submit to a marihuana and
controlled substance use screening assessment; and
(2) each minor parent who is the head of household must
submit to a marihuana and controlled substance use screening
assessment on the initial application for financial assistance
benefits and on any application for the continuation of those
benefits.
(c) A person whose marihuana and controlled substance use
screening assessment conducted under this section indicates good
cause to suspect the person of the use of marihuana, other than
low-THC cannabis authorized by Chapter 169, Occupations Code, or
use of a controlled substance not prescribed for the person by a
health care practitioner shall submit to a drug test to establish
the eligibility of the person and the person's family for financial
assistance benefits.
(d) Except as provided in Subsection (e), a person whose
drug test conducted under this section indicates the presence in
the person's body of marihuana, other than low-THC cannabis
authorized by Chapter 169, Occupations Code, or use of a controlled
substance not prescribed for the person by a health care
practitioner is ineligible for financial assistance benefits for
the person and the person's family for a period of 12 months
beginning on the first day of the month after the month in which the
drug test was administered.
(e) A person who is denied eligibility for financial
assistance benefits because of the results of a drug test conducted
under this section may reapply for financial assistance benefits
six months after the first day of the month after the month in which
the drug test was administered if the person provides proof of the
person's successful completion of or current enrollment in a
substance abuse treatment program. A person reapplying for
financial assistance benefits must submit to a drug test as
required by Subsection (f), regardless of whether the person is
continuing to receive substance abuse treatment.
(f) A person who is denied eligibility for financial
assistance benefits because of the results of a drug test conducted
under this section must submit to a drug test, without first
submitting to a marihuana and controlled substance use screening
assessment, at the time of any reapplication for financial
assistance benefits and on any application for the continuation of
those benefits.
(g) A person who has been convicted of a felony drug offense
must submit to a drug test, without first submitting to a marihuana
and controlled substance use screening assessment, at the time of
an initial application for financial assistance benefits and on any
application for the continuation of those benefits.
(h) If a person is denied eligibility for financial
assistance benefits three times because of the results of a drug
test conducted under this section, the person and the person's
family are permanently ineligible for those benefits.
(i) Before denying eligibility for financial assistance
benefits under this section, the commission must:
(1) notify the person who submitted to a drug test of
the results of the test and the commission's proposed determination
of ineligibility; and
(2) confirm the results of the drug test through a
second drug test or other appropriate method.
(j) The commission shall:
(1) use the most efficient and cost-effective
marihuana and controlled substance use screening assessment tool
that the commission and the Department of State Health Services can
develop based on validated marihuana and controlled substance use
screening assessment tools; and
(2) pay the cost of any marihuana and controlled
substance use screening assessment or drug test administered under
this section out of the federal Temporary Assistance for Needy
Families block grant funds.
(k) The commission shall report to the Department of Family
and Protective Services for use in an investigation conducted under
Chapter 261, Family Code, if applicable, a person whose drug test
conducted under this section indicates the presence in the person's
body of marihuana, other than low-THC cannabis authorized by
Chapter 169, Occupations Code, or a controlled substance not
prescribed for the person by a health care practitioner.
(l) The executive commissioner of the commission shall
adopt rules implementing this section.
SECTION 1.02. (a) Section 31.0321, Human Resources Code,
as added by this article, applies to:
(1) an adult applicant, including an applicant
applying solely on behalf of a child, who initially applies for
financial assistance benefits under Chapter 31, Human Resources
Code, on or after the effective date of this article;
(2) a minor parent who is the head of household who
initially applies for financial assistance benefits under Chapter
31, Human Resources Code, on or after the effective date of this
article;
(3) an adult applicant, including an applicant
applying solely on behalf of a child, who applies for the
continuation of financial assistance benefits under Chapter 31,
Human Resources Code, on or after the effective date of this
article; and
(4) a minor parent who is the head of household who
applies for the continuation of financial assistance benefits under
Chapter 31, Human Resources Code, on or after the effective date of
this article.
(b) Except as provided by Subsections (a)(3) and (4) of this
section, an adult applicant, including an applicant applying solely
on behalf of a child, and a minor parent who is the head of household
who applied for financial assistance benefits under Chapter 31,
Human Resources Code, before the effective date of this article are
governed by the law in effect when the person applied for financial
assistance benefits, and that law is continued in effect for that
purpose.
ARTICLE 2. DRUG SCREENING AND TESTING OF CERTAIN SNAP APPLICANTS
AND RECIPIENTS
SECTION 2.01. Subchapter A, Chapter 33, Human Resources
Code, is amended by adding Section 33.020 to read as follows:
Sec. 33.020. DRUG SCREENING AND TESTING; ELIGIBILITY. (a)
In this section, "controlled substance" and "marihuana" have the
meanings assigned by Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (f) and (g):
(1) each adult applicant for supplemental nutrition
assistance benefits, including an applicant applying solely on
behalf of a child, who initially applies for those benefits or who
applies for the continuation of those benefits must submit to a
marihuana and controlled substance use screening assessment; and
(2) each minor parent who is the head of household must
submit to a marihuana and controlled substance use screening
assessment on the initial application for supplemental nutrition
assistance benefits and on any application for the continuation of
those benefits.
(c) A person whose marihuana and controlled substance use
screening assessment conducted under this section indicates good
cause to suspect the person of the use of marihuana, other than
low-THC cannabis authorized by Chapter 169, Occupations Code, or
use of a controlled substance not prescribed for the person by a
health care practitioner shall submit to a drug test to establish
the eligibility of the person and the person's household for
supplemental nutrition assistance benefits.
(d) Except as provided in Subsection (e), a person whose
drug test conducted under this section indicates the presence in
the person's body of a controlled substance not prescribed for the
person by a health care practitioner or marihuana, other than
low-THC cannabis authorized by Chapter 169, Occupations Code, is
ineligible for supplemental nutrition assistance benefits for the
person and the person's household for a period of 12 months
beginning on the first day of the month after the month in which the
drug test was administered.
(e) A person who is denied eligibility for supplemental
nutrition assistance benefits because of the results of a drug test
conducted under this section may reapply for supplemental nutrition
assistance benefits six months after the first day of the month
after the month in which the drug test was administered if the
person provides proof of the person's successful completion of or
current enrollment in a substance abuse treatment program. A
person reapplying for supplemental nutrition assistance benefits
must submit to a drug test as required by Subsection (f), regardless
of whether the person is continuing to receive substance abuse
treatment.
(f) A person who is denied eligibility for supplemental
nutrition assistance benefits because of the results of a drug test
conducted under this section must submit to a drug test, without
first submitting to a marihuana and controlled substance use
screening assessment, at the time of any reapplication for
supplemental nutrition assistance benefits and on any application
for the continuation of those benefits.
(g) A person who has been convicted of a felony drug offense
must submit to a drug test, without first submitting to a marihuana
and controlled substance use screening assessment, at the time of
an initial application for supplemental nutrition assistance
benefits and on any application for the continuation of those
benefits.
(h) If a person is denied eligibility for supplemental
nutrition assistance benefits three times because of the results of
a drug test conducted under this section, the person and the
person's household are permanently ineligible for those benefits.
(i) Before denying eligibility for supplemental nutrition
assistance benefits under this section, the department must:
(1) notify the person who submitted to a drug test of
the results of the test and the department's proposed determination
of ineligibility; and
(2) confirm the results of the drug test through a
second drug test or other appropriate method.
(j) The department shall:
(1) use the most efficient and cost-effective
marihuana and controlled substance use screening assessment tool
that the department and the Department of State Health Services can
develop based on validated marihuana and controlled substance use
screening assessment tools; and
(2) pay the cost of any marihuana and controlled
substance use screening assessment or drug test administered under
this section.
(k) The department shall report to the Department of Family
and Protective Services for use in an investigation conducted under
Chapter 261, Family Code, if applicable, a person whose drug test
conducted under this section indicates the presence in the person's
body of marihuana, other than low-THC cannabis authorized by
Chapter 169, Occupations Code, or a controlled substance not
prescribed for the person by a health care practitioner.
(l) The executive commissioner shall adopt rules
implementing this section.
SECTION 2.02. (a) Section 33.020, Human Resources Code, as
added by this article, applies to:
(1) an adult applicant, including an applicant
applying solely on behalf of a child, who initially applies for
supplemental nutrition assistance benefits under Chapter 33, Human
Resources Code, on or after the effective date of this article;
(2) a minor parent who is the head of household who
initially applies for supplemental nutrition assistance benefits
under Chapter 33, Human Resources Code, on or after the effective
date of this article;
(3) an adult applicant, including an applicant
applying solely on behalf of a child, who applies for the
continuation of supplemental nutrition assistance benefits under
Chapter 33, Human Resources Code, on or after the effective date of
this article; and
(4) a minor parent who is the head of household who
applies for the continuation of supplemental nutrition assistance
benefits under Chapter 33, Human Resources Code, on or after the
effective date of this article.
(b) Except as provided by Subsections (a)(3) and (4) of this
section, an adult applicant, including an applicant applying solely
on behalf of a child, and a minor parent who is the head of household
who applied for supplemental nutrition assistance benefits under
Chapter 33, Human Resources Code, before the effective date of this
article are governed by the law in effect when the person applied
for supplemental nutrition assistance benefits, and that law is
continued in effect for that purpose.
ARTICLE 3. FEDERAL AUTHORIZATION AND EFFECTIVE DATE
SECTION 3.01. If before implementing any provision of this
Act a state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
SECTION 3.02. This Act takes effect September 1, 2019.