89R12327 KKR-F
By: Cook S.B. No. 2760
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility for financial assistance of persons
following certain drug-related convictions.
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. ELIGIBILITY FOLLOWING CERTAIN DRUG-RELATED
CRIMINAL CONVICTIONS; ANNUAL REPORT. (a) In this section:
(1) "Chemical dependency" and "treatment facility"
have the meanings assigned by Section 462.001, Health and Safety
Code.
(2) "Chemical dependency treatment provider" means a
licensed physician, psychologist, professional counselor, or
chemical dependency counselor.
(b) As authorized by 21 U.S.C. Section 862a(d)(1)(A), and to
the extent provided by this section, 21 U.S.C. Section 862a(a)(1)
does not apply when determining the eligibility of a person for
financial assistance.
(c) A person who has been convicted of, and released on
parole or placed on community supervision for, any felony offense
that has as an element the possession, use, or distribution of a
controlled substance, as defined in 21 U.S.C. Section 802, is
eligible for financial assistance if:
(1) the person meets all other eligibility
requirements for financial assistance under this chapter; and
(2) submits to the commission, in the form and manner
prescribed by commission rules, written certification from a
licensed chemical dependency treatment provider that, based on the
provider's assessment of the person:
(A) the person does not require chemical
dependency treatment; or
(B) the provider recommends the person receive
chemical dependency treatment and the person:
(i) is actively participating in a
treatment program provided by a licensed treatment facility; or
(ii) successfully completed a treatment
program provided by a licensed treatment facility after the
assessment was conducted.
(d) The executive commissioner shall adopt rules necessary
to implement this section.
(e) Not later than December 1 of each year, the commission
shall prepare and submit to the legislature a written report on the
effect of implementing this section, including:
(1) the number of persons described by Subsection (c)
who were determined eligible for financial assistance under this
chapter during the preceding state fiscal year;
(2) for persons described by Subsection (c) who were
determined eligible for financial assistance under this chapter, an
analysis on the effect, if any, receiving the assistance had on the
persons' family stability and dependence on other public assistance
programs;
(3) any challenges the commission encountered in
implementing this section; and
(4) any recommendations for legislative or other
action.
SECTION 2. As soon as practicable after the effective date
of this Act, the Health and Human Services Commission shall:
(1) conduct outreach to potential recipients of
financial assistance under Chapter 31, Human Resources Code, to
inform the potential recipients about the change in eligibility
criteria under Section 31.0321(c), Human Resources Code, as added
by this Act; and
(2) collaborate with community organizations and
local governments that provide reentry services to persons
described by Section 31.0321(c), Human Resources Code, as added by
this Act, to provide information and assistance to those persons on
the availability of and the application process for financial
assistance benefits under Chapter 31, Human Resources Code.
SECTION 3. The changes in law made by this Act apply only to
an initial determination or redetermination of eligibility of a
person for financial assistance under Chapter 31, Human Resources
Code, made on or after the effective date of this Act.
SECTION 4. 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 5. This Act takes effect September 1, 2025.