Texas 2021 - 87th Regular

Texas House Bill HB3425 Compare Versions

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

Old	New	Differences
1	1	87R9173 MM-D
2	2	By: Slawson H.B. No. 3425
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 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, subject to rules adopted under Subsection (o)
33	33	that exempt a person from the drug test.
34	34	(d) The first time a person is required to submit to a drug
35	35	test under this section and the drug test indicates the presence in
36	36	the person's body of marihuana, other than low-THC cannabis
37	37	prescribed as described by Subsection (c), or of a controlled
38	38	substance not prescribed as described by that subsection, the
39	39	person is ineligible for financial assistance benefits for a period
40	40	of six months. The denial of eligibility for financial assistance
41	41	benefits to a person under this subsection does not affect the
42	42	eligibility of the person's family for financial assistance
43	43	benefits.
44	44	(e) Except as provided in Subsection (f), the second time a
45	45	person is required to submit to a drug test under this section and
46	46	the drug test indicates the presence in the person's body of
47	47	marihuana, other than low-THC cannabis prescribed as described by
48	48	Subsection (c), or of a controlled substance not prescribed as
49	49	described by that subsection, the person is ineligible for
50	50	financial assistance benefits for a period of 12 months.
51	51	(f) A person who is denied eligibility for financial
52	52	assistance benefits for a second time because of the results of a
53	53	drug test conducted under this section may reapply for financial
54	54	assistance benefits six months after the date the person's period
55	55	of ineligibility began 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 (h)
59	59	regardless of whether the person is continuing to receive substance
60	60	abuse treatment, subject to rules adopted under Subsection (o) that
61	61	exempt a person from the drug test.
62	62	(g) The third time a person is required to submit to a drug
63	63	test under this section and the drug test indicates the presence in
64	64	the person's body of marihuana, other than low-THC cannabis
65	65	prescribed as described by Subsection (c), or of a controlled
66	66	substance not prescribed as described by that subsection, the
67	67	person is permanently ineligible for financial assistance
68	68	benefits.
69	69	(h) A person who is denied eligibility for financial
70	70	assistance benefits because of the results of a drug test conducted
71	71	under this section must submit to a drug test, without first
72	72	submitting to a marihuana and controlled substance use screening
73	73	assessment, at the time of any reapplication for financial
74	74	assistance benefits and on any application for the continuation of
75	75	those benefits, subject to rules adopted under Subsection (o) that
76	76	exempt a person from the drug test.
77	77	(i) A person who has been convicted of a felony drug offense
78	78	must submit to a drug test, without first submitting to a marihuana
79	79	and controlled substance use screening assessment, at the time of
80	80	an initial application for financial assistance benefits and on any
81	81	application for the continuation of those benefits, subject to
82	82	rules adopted under Subsection (o) that exempt a person from the
83	83	drug test.
84	84	(j) Before denying eligibility for financial assistance
85	85	benefits under this section, the commission must:
86	86	(1) notify the person who submitted to a drug test of
87	87	the results of the test and the commission's proposed determination
88	88	of ineligibility; and
89	89	(2) confirm the results of the drug test through a
90	90	second drug test or other appropriate method.
91	91	(k) The results of a drug test administered as provided by
92	92	Subsection (j)(2) to confirm the results of a previous drug test are
93	93	not considered for purposes of Subsection (e) or (g).
94	94	(l) The commission shall:
95	95	(1) use the most efficient and cost-effective
96	96	marihuana and controlled substance use screening assessment tool
97	97	that the commission can develop based on validated marihuana and
98	98	controlled substance use screening assessment tools; and
99	99	(2) pay the cost of any marihuana and controlled
100	100	substance use screening assessment or drug test administered under
101	101	this section out of the federal Temporary Assistance for Needy
102	102	Families block grant funds.
103	103	(m) The commission shall report to the Department of Family
104	104	and Protective Services for use in an investigation conducted under
105	105	Chapter 261, Family Code, if applicable, a person whose drug test
106	106	conducted under this section indicates the presence in the person's
107	107	body of marihuana, other than low-THC cannabis prescribed as
108	108	described by Subsection (c), or of a controlled substance not
109	109	prescribed as described by that subsection.
110	110	(n) If a parent or caretaker relative of a dependent child
111	111	is ineligible under Subsection (d), (e), or (g) to receive
112	112	financial assistance benefits on behalf of the child because of the
113	113	results of a drug test conducted under this section, the commission
114	114	shall designate a protective payee to receive financial assistance
115	115	benefits on behalf of the child. A person must submit to a
116	116	marihuana and controlled substance use screening assessment to
117	117	establish the person's eligibility to serve as a protective payee.
118	118	A person whose marihuana and controlled substance use screening
119	119	assessment indicates good cause to suspect the person of use of
120	120	marihuana, other than low-THC cannabis prescribed as described by
121	121	Subsection (c), or of a controlled substance not prescribed as
122	122	described by that subsection shall submit to a drug test to
123	123	establish the eligibility of the person to serve as a protective
124	124	payee, subject to rules adopted under Subsection (o) that exempt a
125	125	person from the drug test. A person whose drug test conducted under
126	126	this section indicates the presence in the person's body of
127	127	marihuana, other than low-THC cannabis prescribed as described by
128	128	Subsection (c), or of a controlled substance not prescribed as
129	129	described by that subsection is ineligible to serve as a protective
130	130	payee.
131	131	(o) The executive commissioner shall adopt rules
132	132	implementing this section, including rules that exempt a person
133	133	from having to submit to a drug test under this section if:
134	134	(1) there is no person who is authorized to administer
135	135	a drug test under this section in the county in which the person
136	136	resides; and
137	137	(2) submitting to a drug test outside the person's
138	138	county would impose an unreasonable hardship on the person.
139	139	SECTION 2. (a) Section 31.0321, Human Resources Code, as
140	140	added by this Act, applies to:
141	141	(1) an adult applicant, including an applicant
142	142	applying solely on behalf of a child, who initially applies for
143	143	financial assistance benefits under Chapter 31, Human Resources
144	144	Code, on or after the effective date of this Act;
145	145	(2) a minor parent who is the head of household who
146	146	initially applies for financial assistance benefits under Chapter
147	147	31, Human Resources Code, on or after the effective date of this
148	148	Act;
149	149	(3) an adult applicant, including an applicant
150	150	applying solely on behalf of a child, who applies for the
151	151	continuation of financial assistance benefits under Chapter 31,
152	152	Human Resources Code, on or after the effective date of this Act;
153	153	and
154	154	(4) a minor parent who is the head of household who
155	155	applies for the continuation of financial assistance benefits under
156	156	Chapter 31, Human Resources Code, on or after the effective date of
157	157	this Act.
158	158	(b) Except as provided by Subsections (a)(3) and (4) of this
159	159	section, an adult applicant, including an applicant applying solely
160	160	on behalf of a child, or a minor parent who is the head of household
161	161	who applied for financial assistance benefits under Chapter 31,
162	162	Human Resources Code, before the effective date of this Act is
163	163	governed by the law in effect when the person applied for financial
164	164	assistance benefits, and that law is continued in effect for that
165	165	purpose.
166	166	SECTION 3. If before implementing any provision of this Act
167	167	a state agency determines that a waiver or authorization from a
168	168	federal agency is necessary for implementation of that provision,
169	169	the agency affected by the provision shall request the waiver or
170	170	authorization and may delay implementing that provision until the
171	171	waiver or authorization is granted.
172	172	SECTION 4. This Act takes effect September 1, 2021.