| 1 | 1 | | 89R12327 KKR-F |
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| 2 | 2 | | By: Cook S.B. No. 2760 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the eligibility for financial assistance of persons |
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| 10 | 10 | | following certain drug-related convictions. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
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| 13 | 13 | | is amended by adding Section 31.0321 to read as follows: |
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| 14 | 14 | | Sec. 31.0321. ELIGIBILITY FOLLOWING CERTAIN DRUG-RELATED |
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| 15 | 15 | | CRIMINAL CONVICTIONS; ANNUAL REPORT. (a) In this section: |
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| 16 | 16 | | (1) "Chemical dependency" and "treatment facility" |
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| 17 | 17 | | have the meanings assigned by Section 462.001, Health and Safety |
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| 18 | 18 | | Code. |
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| 19 | 19 | | (2) "Chemical dependency treatment provider" means a |
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| 20 | 20 | | licensed physician, psychologist, professional counselor, or |
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| 21 | 21 | | chemical dependency counselor. |
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| 22 | 22 | | (b) As authorized by 21 U.S.C. Section 862a(d)(1)(A), and to |
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| 23 | 23 | | the extent provided by this section, 21 U.S.C. Section 862a(a)(1) |
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| 24 | 24 | | does not apply when determining the eligibility of a person for |
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| 25 | 25 | | financial assistance. |
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| 26 | 26 | | (c) A person who has been convicted of, and released on |
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| 27 | 27 | | parole or placed on community supervision for, any felony offense |
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| 28 | 28 | | that has as an element the possession, use, or distribution of a |
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| 29 | 29 | | controlled substance, as defined in 21 U.S.C. Section 802, is |
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| 30 | 30 | | eligible for financial assistance if: |
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| 31 | 31 | | (1) the person meets all other eligibility |
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| 32 | 32 | | requirements for financial assistance under this chapter; and |
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| 33 | 33 | | (2) submits to the commission, in the form and manner |
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| 34 | 34 | | prescribed by commission rules, written certification from a |
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| 35 | 35 | | licensed chemical dependency treatment provider that, based on the |
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| 36 | 36 | | provider's assessment of the person: |
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| 37 | 37 | | (A) the person does not require chemical |
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| 38 | 38 | | dependency treatment; or |
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| 39 | 39 | | (B) the provider recommends the person receive |
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| 40 | 40 | | chemical dependency treatment and the person: |
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| 41 | 41 | | (i) is actively participating in a |
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| 42 | 42 | | treatment program provided by a licensed treatment facility; or |
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| 43 | 43 | | (ii) successfully completed a treatment |
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| 44 | 44 | | program provided by a licensed treatment facility after the |
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| 45 | 45 | | assessment was conducted. |
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| 46 | 46 | | (d) The executive commissioner shall adopt rules necessary |
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| 47 | 47 | | to implement this section. |
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| 48 | 48 | | (e) Not later than December 1 of each year, the commission |
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| 49 | 49 | | shall prepare and submit to the legislature a written report on the |
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| 50 | 50 | | effect of implementing this section, including: |
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| 51 | 51 | | (1) the number of persons described by Subsection (c) |
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| 52 | 52 | | who were determined eligible for financial assistance under this |
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| 53 | 53 | | chapter during the preceding state fiscal year; |
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| 54 | 54 | | (2) for persons described by Subsection (c) who were |
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| 55 | 55 | | determined eligible for financial assistance under this chapter, an |
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| 56 | 56 | | analysis on the effect, if any, receiving the assistance had on the |
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| 57 | 57 | | persons' family stability and dependence on other public assistance |
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| 58 | 58 | | programs; |
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| 59 | 59 | | (3) any challenges the commission encountered in |
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| 60 | 60 | | implementing this section; and |
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| 61 | 61 | | (4) any recommendations for legislative or other |
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| 62 | 62 | | action. |
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| 63 | 63 | | SECTION 2. As soon as practicable after the effective date |
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| 64 | 64 | | of this Act, the Health and Human Services Commission shall: |
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| 65 | 65 | | (1) conduct outreach to potential recipients of |
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| 66 | 66 | | financial assistance under Chapter 31, Human Resources Code, to |
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| 67 | 67 | | inform the potential recipients about the change in eligibility |
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| 68 | 68 | | criteria under Section 31.0321(c), Human Resources Code, as added |
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| 69 | 69 | | by this Act; and |
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| 70 | 70 | | (2) collaborate with community organizations and |
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| 71 | 71 | | local governments that provide reentry services to persons |
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| 72 | 72 | | described by Section 31.0321(c), Human Resources Code, as added by |
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| 73 | 73 | | this Act, to provide information and assistance to those persons on |
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| 74 | 74 | | the availability of and the application process for financial |
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| 75 | 75 | | assistance benefits under Chapter 31, Human Resources Code. |
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| 76 | 76 | | SECTION 3. The changes in law made by this Act apply only to |
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| 77 | 77 | | an initial determination or redetermination of eligibility of a |
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| 78 | 78 | | person for financial assistance under Chapter 31, Human Resources |
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| 79 | 79 | | Code, made on or after the effective date of this Act. |
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| 80 | 80 | | SECTION 4. If before implementing any provision of this Act |
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| 81 | 81 | | a state agency determines that a waiver or authorization from a |
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| 82 | 82 | | federal agency is necessary for implementation of that provision, |
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| 83 | 83 | | the agency affected by the provision shall request the waiver or |
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| 84 | 84 | | authorization and may delay implementing that provision until the |
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| 85 | 85 | | waiver or authorization is granted. |
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| 86 | 86 | | SECTION 5. This Act takes effect September 1, 2025. |
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