87R1221 MM-F
By: King of Hemphill H.B. No. 423
A BILL TO BE ENTITLED
AN ACT
relating to the drug testing of certain persons seeking benefits
under the Temporary Assistance for Needy Families (TANF) program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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, "controlled substance" and "marihuana" have the
meanings assigned by Chapter 481, Health and Safety Code.
(b) Except as provided in Subsections (h) and (i):
(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 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.
(d) Except as provided in Subsections (f) and (g), a person
whose drug test conducted under this section indicates the presence
in the person's body of marihuana, other than low-THC cannabis as
described by Subsection (c), or of a controlled substance not
prescribed for the person as described by that subsection is
ineligible for financial assistance benefits, and is ineligible to
receive those benefits on behalf of 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) Except as provided in Subsections (f) and (g), if,
following a 12-month period of ineligibility under Subsection (d),
a person reapplies for financial assistance benefits and the
results of a drug test required by Subsection (h) indicate the
presence in the person's body of marihuana, other than low-THC
cannabis as described by Subsection (c), or of a controlled
substance not prescribed as described by that subsection, the
person is ineligible for financial assistance benefits, and is
ineligible to receive those benefits on behalf of the person's
family, for a period of 36 months beginning on the first day of the
month after the month in which the drug test was administered.
(f) A person who is denied 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 (h),
regardless of whether the person is continuing to receive substance
abuse treatment.
(g) A person's eligibility for financial assistance
benefits is not affected by the results of a drug test conducted
under Subsection (c) indicating the presence in the person's body
of marihuana, other than low-THC cannabis as described by
Subsection (c), or of a controlled substance not prescribed as
described by that subsection if, not later than the 10th day after
the date the person is notified of the results of the drug test, the
person enrolls in a substance abuse treatment program. In adopting
rules for the implementation of this section, the executive
commissioner shall include rules that require:
(1) a person who is subject to this subsection to
submit proof of continued enrollment in or successful completion of
a substance abuse treatment program in order to maintain the
person's eligibility for financial assistance benefits; and
(2) a substance abuse treatment program that is under
contract with or receives funding from the commission to give a
priority for services to an applicant who is a person subject to
this subsection.
(h) A person who is denied 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.
(i) 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.
(j) 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 is permanently
ineligible for those benefits and is permanently ineligible to
receive those benefits on behalf of the person's family.
(k) Before denying 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.
(l) The results of a drug test administered as provided by
Subsection (k)(2) to confirm the results of a previous drug test are
not considered for purposes of Subsection (e) or (g).
(m) The denial of financial assistance benefits to an
applicant because of the results of a drug test conducted under this
section does not affect the eligibility of the person's child or
family members for those benefits.
(n) If a parent or caretaker relative of a dependent child
is ineligible to receive financial assistance benefits on behalf of
the child because of the results of a drug test conducted under this
section, the parent or caretaker relative, as applicable, shall
select a protective payee to receive financial assistance benefits
on behalf of the child. The parent or caretaker relative, as
applicable, may choose an immediate family member to serve as the
protective payee or, if an immediate family member is not available
or declines to serve as the protective payee, the person may choose
another person approved by the commission. A person must submit to
a marihuana and controlled substance use screening assessment to
establish the person's eligibility to serve as a protective payee.
A person whose marihuana and controlled substance use screening
assessment indicates good cause to suspect the person of use of
marihuana, other than low-THC cannabis as described by Subsection
(c), or of use of a controlled substance not prescribed as described
by that subsection shall submit to a drug test to establish the
eligibility of the person to serve as a protective payee. A person
whose drug test conducted under this section indicates the presence
in the person's body of marihuana, other than low-THC cannabis as
described by Subsection (c), or of a controlled substance not
prescribed as described by that subsection is ineligible to serve
as a protective payee.
(o) 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.
(p) The commission shall provide each person who is denied
financial assistance benefits as a result of a drug test conducted
under this section with a list of substance abuse treatment
providers located in the area where the person resides.
(q) Nothing in this section requires the commission or the
state to provide or pay for substance abuse treatment for a person
whose drug test conducted under this section indicates the presence
in the person's body of marihuana, other than low-THC cannabis as
described by Subsection (c), or of a controlled substance not
prescribed as described by that subsection.
(r) The executive commissioner shall adopt rules
implementing this section.
SECTION 2. (a) Section 31.0321, Human Resources Code, as
added by this Act, 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 Act;
(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
Act;
(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 Act;
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 Act.
(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, or 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 Act is
governed by the law in effect when the person applied for financial
assistance benefits, and that law is continued in effect for that
purpose.
SECTION 3. 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 4. This Act takes effect September 1, 2021.