Texas 2025 - 89th Regular

Texas House Bill HB2958 Compare Versions

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

Old	New	Differences
1	1	89R5362 LRM-D
2	2	By: Slawson H.B. No. 2958
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the drug testing of certain persons seeking benefits
10	10	under the Temporary Assistance for Needy Families (TANF) program.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subchapter B, Chapter 31, Human Resources Code,
13	13	is amended by adding Section 31.0321 to read as follows:
14	14	Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY.
15	15	(a) In this section, "controlled substance" and "marihuana" have
16	16	the meanings assigned by Section 481.002, Health and Safety Code.
17	17	(b) Except as provided in Subsections (h) and (i):
18	18	(1) each adult applicant for financial assistance
19	19	benefits, including an applicant applying solely on behalf of a
20	20	child, who initially applies for those benefits or who applies for
21	21	the continuation of those benefits must submit to a marihuana and
22	22	controlled substance use screening assessment; and
23	23	(2) each minor parent who is the head of household must
24	24	submit to a marihuana and controlled substance use screening
25	25	assessment on the initial application for financial assistance
26	26	benefits and on any application for the continuation of those
27	27	benefits.
28	28	(c) A person whose marihuana and controlled substance use
29	29	screening assessment conducted under this section indicates good
30	30	cause to suspect the person of use of marihuana, other than low-THC
31	31	cannabis prescribed for the person by a physician as authorized by
32	32	Chapter 169, Occupations Code, or use of a controlled substance not
33	33	prescribed for the person by a health care practitioner shall
34	34	submit to a drug test, subject to rules adopted under Subsection (o)
35	35	that exempt a person from the drug test.
36	36	(d) The first time a person is required to submit to a drug
37	37	test under this section and the drug test indicates the presence in
38	38	the person's body of marihuana, other than low-THC cannabis
39	39	prescribed as described by Subsection (c), or of a controlled
40	40	substance not prescribed as described by that subsection, the
41	41	person is ineligible for financial assistance benefits for a period
42	42	of six months. The denial of eligibility for financial assistance
43	43	benefits to a person under this subsection does not affect the
44	44	eligibility of the person's family for financial assistance
45	45	benefits.
46	46	(e) Except as provided in Subsection (f), the second time a
47	47	person is required to submit to a drug test under this section and
48	48	the drug test indicates the presence in the person's body of
49	49	marihuana, other than low-THC cannabis prescribed as described by
50	50	Subsection (c), or of a controlled substance not prescribed as
51	51	described by that subsection, the person is ineligible for
52	52	financial assistance benefits for a period of 12 months.
53	53	(f) A person who is denied eligibility for financial
54	54	assistance benefits for a second time because of the results of a
55	55	drug test conducted under this section may reapply for financial
56	56	assistance benefits six months after the date the person's period
57	57	of ineligibility began if the person provides proof of the person's
58	58	successful completion of or current enrollment in a substance abuse
59	59	treatment program. A person reapplying for financial assistance
60	60	benefits must submit to a drug test as required by Subsection (h)
61	61	regardless of whether the person is continuing to receive substance
62	62	abuse treatment, subject to rules adopted under Subsection (o) that
63	63	exempt a person from the drug test.
64	64	(g) The third time a person is required to submit to a drug
65	65	test under this section and the drug test indicates the presence in
66	66	the person's body of marihuana, other than low-THC cannabis
67	67	prescribed as described by Subsection (c), or of a controlled
68	68	substance not prescribed as described by that subsection, the
69	69	person is permanently ineligible for financial assistance
70	70	benefits.
71	71	(h) A person who is denied eligibility for financial
72	72	assistance benefits because of the results of a drug test conducted
73	73	under this section must submit to a drug test, without first
74	74	submitting to a marihuana and controlled substance use screening
75	75	assessment, at the time of any reapplication for financial
76	76	assistance benefits and on any application for the continuation of
77	77	those benefits, subject to rules adopted under Subsection (o) that
78	78	exempt a person from the drug test.
79	79	(i) A person who has been convicted of a felony drug offense
80	80	must submit to a drug test, without first submitting to a marihuana
81	81	and controlled substance use screening assessment, at the time of
82	82	an initial application for financial assistance benefits and on any
83	83	application for the continuation of those benefits, subject to
84	84	rules adopted under Subsection (o) that exempt a person from the
85	85	drug test.
86	86	(j) Before denying eligibility for financial assistance
87	87	benefits under this section, the commission must:
88	88	(1) notify the person who submitted to a drug test of
89	89	the results of the test and the commission's proposed determination
90	90	of ineligibility; and
91	91	(2) confirm the results of the drug test through a
92	92	second drug test or other appropriate method.
93	93	(k) The commission may only use the results of a drug test
94	94	administered as provided by Subsection (j)(2) to confirm the
95	95	results of a previous drug test and may not consider those results
96	96	independently as a basis for denying eligibility under Subsection
97	97	(d), (e), or (g).
98	98	(l) The commission shall:
99	99	(1) use the most efficient and cost-effective
100	100	marihuana and controlled substance use screening assessment tool
101	101	that the commission can develop based on validated marihuana and
102	102	controlled substance use screening assessment tools; and
103	103	(2) pay the cost of any marihuana and controlled
104	104	substance use screening assessment or drug test administered under
105	105	this section out of the federal Temporary Assistance for Needy
106	106	Families block grant funds.
107	107	(m) The commission shall report to the Department of Family
108	108	and Protective Services for use in an investigation conducted under
109	109	Chapter 261, Family Code, if applicable, a person whose drug test
110	110	conducted under this section indicates the presence in the person's
111	111	body of marihuana, other than low-THC cannabis prescribed as
112	112	described by Subsection (c), or of a controlled substance not
113	113	prescribed as described by that subsection.
114	114	(n) If a parent or caretaker relative of a dependent child
115	115	is ineligible under Subsection (d), (e), or (g) to receive
116	116	financial assistance benefits on behalf of the child because of the
117	117	results of a drug test conducted under this section, the commission
118	118	shall designate a protective payee to receive financial assistance
119	119	benefits on behalf of the child. A person must submit to a
120	120	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 prescribed as described by
125	125	Subsection (c), or of a controlled substance not prescribed as
126	126	described by that subsection shall submit to a drug test to
127	127	establish the eligibility of the person to serve as a protective
128	128	payee, subject to rules adopted under Subsection (o) that exempt a
129	129	person from the drug test. A person whose drug test conducted under
130	130	this section indicates the presence in the person's body of
131	131	marihuana, other than low-THC cannabis prescribed as described by
132	132	Subsection (c), or of a controlled substance not prescribed as
133	133	described by that subsection is ineligible to serve as a protective
134	134	payee.
135	135	(o) The executive commissioner shall adopt rules
136	136	implementing this section, including rules that exempt a person
137	137	from having to submit to a drug test under this section if:
138	138	(1) there is no person who is authorized to administer
139	139	a drug test under this section in the county in which the person
140	140	resides; and
141	141	(2) submitting to a drug test outside the person's
142	142	county would impose an unreasonable hardship on the person.
143	143	SECTION 2. (a) Section 31.0321, Human Resources Code, as
144	144	added by this Act, applies to:
145	145	(1) an adult applicant, including an applicant
146	146	applying solely on behalf of a child, who initially applies for
147	147	financial assistance benefits under Chapter 31, Human Resources
148	148	Code, on or after the effective date of this Act;
149	149	(2) a minor parent who is the head of household who
150	150	initially applies for financial assistance benefits under Chapter
151	151	31, Human Resources Code, on or after the effective date of this
152	152	Act;
153	153	(3) an adult applicant, including an applicant
154	154	applying solely on behalf of a child, who applies for the
155	155	continuation of financial assistance benefits under Chapter 31,
156	156	Human Resources Code, on or after the effective date of this Act;
157	157	and
158	158	(4) a minor parent who is the head of household who
159	159	applies for the continuation of financial assistance benefits under
160	160	Chapter 31, Human Resources Code, on or after the effective date of
161	161	this Act.
162	162	(b) Except as provided by Subsections (a)(3) and (4) of this
163	163	section, an adult applicant, including an applicant applying solely
164	164	on behalf of a child, or a minor parent who is the head of household
165	165	who applied for financial assistance benefits under Chapter 31,
166	166	Human Resources Code, before the effective date of this Act is
167	167	governed by the law in effect when the person applied for financial
168	168	assistance benefits, and that law is continued in effect for that
169	169	purpose.
170	170	SECTION 3. If before implementing any provision of this Act
171	171	a state agency determines that a waiver or authorization from a
172	172	federal agency is necessary for implementation of that provision,
173	173	the agency affected by the provision shall request the waiver or
174	174	authorization and may delay implementing that provision until the
175	175	waiver or authorization is granted.
176	176	SECTION 4. This Act takes effect September 1, 2025.