Texas 2021 - 87th Regular

Texas House Bill HB423 Compare Versions

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

Old	New	Differences
1	1	87R1221 MM-F
2	2	By: King of Hemphill H.B. No. 423
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 authorized by Chapter 169, Occupations Code, or use of a
30	30	controlled substance not prescribed for the person by a health care
31	31	practitioner shall submit to a drug test.
32	32	(d) Except as provided in Subsections (f) and (g), a person
33	33	whose drug test conducted under this section indicates the presence
34	34	in the person's body of marihuana, other than low-THC cannabis as
35	35	described by Subsection (c), or of a controlled substance not
36	36	prescribed for the person as described by that subsection is
37	37	ineligible for financial assistance benefits, and is ineligible to
38	38	receive those benefits on behalf of the person's family, for a
39	39	period of 12 months beginning on the first day of the month after
40	40	the month in which the drug test was administered.
41	41	(e) Except as provided in Subsections (f) and (g), if,
42	42	following a 12-month period of ineligibility under Subsection (d),
43	43	a person reapplies for financial assistance benefits and the
44	44	results of a drug test required by Subsection (h) indicate the
45	45	presence in the person's body of marihuana, other than low-THC
46	46	cannabis as described by Subsection (c), or of a controlled
47	47	substance not prescribed as described by that subsection, the
48	48	person is ineligible for financial assistance benefits, and is
49	49	ineligible to receive those benefits on behalf of the person's
50	50	family, for a period of 36 months beginning on the first day of the
51	51	month after the month in which the drug test was administered.
52	52	(f) A person who is denied financial assistance benefits
53	53	because of the results of a drug test conducted under this section
54	54	may reapply for financial assistance benefits six months after the
55	55	first day of the month after the month in which the drug test was
56	56	administered if the person provides proof of the person's
57	57	successful completion of or current enrollment in a substance abuse
58	58	treatment program. A person reapplying for financial assistance
59	59	benefits must submit to a drug test as required by Subsection (h),
60	60	regardless of whether the person is continuing to receive substance
61	61	abuse treatment.
62	62	(g) A person's eligibility for financial assistance
63	63	benefits is not affected by the results of a drug test conducted
64	64	under Subsection (c) indicating the presence in the person's body
65	65	of marihuana, other than low-THC cannabis as described by
66	66	Subsection (c), or of a controlled substance not prescribed as
67	67	described by that subsection if, not later than the 10th day after
68	68	the date the person is notified of the results of the drug test, the
69	69	person enrolls in a substance abuse treatment program. In adopting
70	70	rules for the implementation of this section, the executive
71	71	commissioner shall include rules that require:
72	72	(1) a person who is subject to this subsection to
73	73	submit proof of continued enrollment in or successful completion of
74	74	a substance abuse treatment program in order to maintain the
75	75	person's eligibility for financial assistance benefits; and
76	76	(2) a substance abuse treatment program that is under
77	77	contract with or receives funding from the commission to give a
78	78	priority for services to an applicant who is a person subject to
79	79	this subsection.
80	80	(h) A person who is denied financial assistance benefits
81	81	because of the results of a drug test conducted under this section
82	82	must submit to a drug test, without first submitting to a marihuana
83	83	and controlled substance use screening assessment, at the time of
84	84	any reapplication for financial assistance benefits and on any
85	85	application for the continuation of those benefits.
86	86	(i) A person who has been convicted of a felony drug offense
87	87	must submit to a drug test, without first submitting to a marihuana
88	88	and controlled substance use screening assessment, at the time of
89	89	an initial application for financial assistance benefits and on any
90	90	application for the continuation of those benefits.
91	91	(j) If a person is denied eligibility for financial
92	92	assistance benefits three times because of the results of a drug
93	93	test conducted under this section, the person is permanently
94	94	ineligible for those benefits and is permanently ineligible to
95	95	receive those benefits on behalf of the person's family.
96	96	(k) Before denying financial assistance benefits under this
97	97	section, the commission must:
98	98	(1) notify the person who submitted to a drug test of
99	99	the results of the test and the commission's proposed determination
100	100	of ineligibility; and
101	101	(2) confirm the results of the drug test through a
102	102	second drug test or other appropriate method.
103	103	(l) The results of a drug test administered as provided by
104	104	Subsection (k)(2) to confirm the results of a previous drug test are
105	105	not considered for purposes of Subsection (e) or (g).
106	106	(m) The denial of financial assistance benefits to an
107	107	applicant because of the results of a drug test conducted under this
108	108	section does not affect the eligibility of the person's child or
109	109	family members for those benefits.
110	110	(n) If a parent or caretaker relative of a dependent child
111	111	is ineligible to receive financial assistance benefits on behalf of
112	112	the child because of the results of a drug test conducted under this
113	113	section, the parent or caretaker relative, as applicable, shall
114	114	select a protective payee to receive financial assistance benefits
115	115	on behalf of the child. The parent or caretaker relative, as
116	116	applicable, may choose an immediate family member to serve as the
117	117	protective payee or, if an immediate family member is not available
118	118	or declines to serve as the protective payee, the person may choose
119	119	another person approved by the commission. A person must submit to
120	120	a marihuana and controlled substance use screening assessment to
121	121	establish the person's eligibility to serve as a protective payee.
122	122	A person whose marihuana and controlled substance use screening
123	123	assessment indicates good cause to suspect the person of use of
124	124	marihuana, other than low-THC cannabis as described by Subsection
125	125	(c), or of use of a controlled substance not prescribed as described
126	126	by that subsection shall submit to a drug test to establish the
127	127	eligibility of the person to serve as a protective payee. A person
128	128	whose drug test conducted under this section indicates the presence
129	129	in the person's body of marihuana, other than low-THC cannabis as
130	130	described by Subsection (c), or of a controlled substance not
131	131	prescribed as described by that subsection is ineligible to serve
132	132	as a protective payee.
133	133	(o) The commission shall:
134	134	(1) use the most efficient and cost-effective
135	135	marihuana and controlled substance use screening assessment tool
136	136	that the commission and the Department of State Health Services can
137	137	develop based on validated marihuana and controlled substance use
138	138	screening assessment tools; and
139	139	(2) pay the cost of any marihuana and controlled
140	140	substance use screening assessment or drug test administered under
141	141	this section out of the federal Temporary Assistance for Needy
142	142	Families block grant funds.
143	143	(p) The commission shall provide each person who is denied
144	144	financial assistance benefits as a result of a drug test conducted
145	145	under this section with a list of substance abuse treatment
146	146	providers located in the area where the person resides.
147	147	(q) Nothing in this section requires the commission or the
148	148	state to provide or pay for substance abuse treatment for a person
149	149	whose drug test conducted under this section indicates the presence
150	150	in the person's body of marihuana, other than low-THC cannabis as
151	151	described by Subsection (c), or of a controlled substance not
152	152	prescribed as described by that subsection.
153	153	(r) The executive commissioner shall adopt rules
154	154	implementing this section.
155	155	SECTION 2. (a) Section 31.0321, Human Resources Code, as
156	156	added by this Act, applies to:
157	157	(1) an adult applicant, including an applicant
158	158	applying solely on behalf of a child, who initially applies for
159	159	financial assistance benefits under Chapter 31, Human Resources
160	160	Code, on or after the effective date of this Act;
161	161	(2) a minor parent who is the head of household who
162	162	initially applies for financial assistance benefits under Chapter
163	163	31, Human Resources Code, on or after the effective date of this
164	164	Act;
165	165	(3) an adult applicant, including an applicant
166	166	applying solely on behalf of a child, who applies for the
167	167	continuation of financial assistance benefits under Chapter 31,
168	168	Human Resources Code, on or after the effective date of this Act;
169	169	and
170	170	(4) a minor parent who is the head of household who
171	171	applies for the continuation of financial assistance benefits under
172	172	Chapter 31, Human Resources Code, on or after the effective date of
173	173	this Act.
174	174	(b) Except as provided by Subsections (a)(3) and (4) of this
175	175	section, an adult applicant, including an applicant applying solely
176	176	on behalf of a child, or a minor parent who is the head of household
177	177	who applied for financial assistance benefits under Chapter 31,
178	178	Human Resources Code, before the effective date of this Act is
179	179	governed by the law in effect when the person applied for financial
180	180	assistance benefits, and that law is continued in effect for that
181	181	purpose.
182	182	SECTION 3. If before implementing any provision of this Act
183	183	a state agency determines that a waiver or authorization from a
184	184	federal agency is necessary for implementation of that provision,
185	185	the agency affected by the provision shall request the waiver or
186	186	authorization and may delay implementing that provision until the
187	187	waiver or authorization is granted.
188	188	SECTION 4. This Act takes effect September 1, 2021.