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A BILL TO BE ENTITLED
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AN ACT
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relating to the drug testing of certain persons seeking benefits |
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under the Temporary Assistance for Needy Families (TANF) program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 31, Human Resources Code, |
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is amended by adding Section 31.0321 to read as follows: |
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Sec. 31.0321. DRUG SCREENING AND TESTING; ELIGIBILITY. |
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(a) In this section, "controlled substance" and "marihuana" have |
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the meanings assigned by Chapter 481, Health and Safety Code. |
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(b) Except as provided in Subsections (h) and (i): |
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(1) each adult applicant for financial assistance |
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benefits, including an applicant applying solely on behalf of a |
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child, who initially applies for those benefits or who applies for |
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the continuation of those benefits must submit to a marihuana and |
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controlled substance use screening assessment; and |
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(2) each minor parent who is the head of household must |
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submit to a marihuana and controlled substance use screening |
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assessment on the initial application for financial assistance |
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benefits and on any application for the continuation of those |
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benefits. |
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(c) A person whose marihuana and controlled substance use |
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screening assessment conducted under this section indicates good |
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cause to suspect the person of use of marihuana, other than low-THC |
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cannabis prescribed for the person by a physician as authorized by |
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Chapter 169, Occupations Code, or use of a controlled substance not |
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prescribed for the person by a health care practitioner shall |
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submit to a drug test, subject to rules adopted under Subsection (o) |
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that exempt a person from the drug test. |
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(d) The first time a person is required to submit to a drug |
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test under this section and the drug test indicates the presence in |
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the person's body of marihuana, other than low-THC cannabis |
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prescribed as described by Subsection (c), or of a controlled |
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substance not prescribed as described by that subsection, the |
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person is ineligible for financial assistance benefits for a period |
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of six months. The denial of eligibility for financial assistance |
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benefits to a person under this subsection does not affect the |
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eligibility of the person's family for financial assistance |
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benefits. |
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(e) Except as provided in Subsection (f), the second time a |
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person is required to submit to a drug test under this section and |
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the drug test indicates the presence in the person's body of |
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marihuana, other than low-THC cannabis prescribed as described by |
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Subsection (c), or of a controlled substance not prescribed as |
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described by that subsection, the person is ineligible for |
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financial assistance benefits for a period of 12 months. |
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(f) A person who is denied eligibility for financial |
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assistance benefits for a second time because of the results of a |
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drug test conducted under this section may reapply for financial |
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assistance benefits six months after the date the person's period |
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of ineligibility began if the person provides proof of the person's |
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successful completion of or current enrollment in a substance abuse |
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treatment program. A person reapplying for financial assistance |
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benefits must submit to a drug test as required by Subsection (h) |
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regardless of whether the person is continuing to receive substance |
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abuse treatment, subject to rules adopted under Subsection (o) that |
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exempt a person from the drug test. |
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(g) The third time a person is required to submit to a drug |
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test under this section and the drug test indicates the presence in |
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the person's body of marihuana, other than low-THC cannabis |
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prescribed as described by Subsection (c), or of a controlled |
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substance not prescribed as described by that subsection, the |
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person is permanently ineligible for financial assistance |
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benefits. |
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(h) A person who is denied eligibility for financial |
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assistance benefits because of the results of a drug test conducted |
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under this section must submit to a drug test, without first |
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submitting to a marihuana and controlled substance use screening |
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assessment, at the time of any reapplication for financial |
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assistance benefits and on any application for the continuation of |
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those benefits, subject to rules adopted under Subsection (o) that |
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exempt a person from the drug test. |
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(i) A person who has been convicted of a felony drug offense |
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must submit to a drug test, without first submitting to a marihuana |
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and controlled substance use screening assessment, at the time of |
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an initial application for financial assistance benefits and on any |
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application for the continuation of those benefits, subject to |
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rules adopted under Subsection (o) that exempt a person from the |
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drug test. |
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(j) Before denying eligibility for financial assistance |
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benefits under this section, the commission must: |
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(1) notify the person who submitted to a drug test of |
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the results of the test and the commission's proposed determination |
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of ineligibility; and |
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(2) confirm the results of the drug test through a |
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second drug test or other appropriate method. |
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(k) The commission may only use the results of a drug test |
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administered as provided by Subsection (j)(2) to confirm the |
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results of a previous drug test and may not consider those results |
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independently as a basis for denying eligibility under Subsection |
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(d), (e), or (g). |
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(l) The commission shall: |
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(1) use the most efficient and cost-effective |
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marihuana and controlled substance use screening assessment tool |
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that the commission can develop based on validated marihuana and |
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controlled substance use screening assessment tools; and |
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(2) pay the cost of any marihuana and controlled |
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substance use screening assessment or drug test administered under |
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this section out of the federal Temporary Assistance for Needy |
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Families block grant funds. |
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(m) The commission shall report to the Department of Family |
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and Protective Services for use in an investigation conducted under |
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Chapter 261, Family Code, if applicable, a person whose drug test |
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conducted under this section indicates the presence in the person's |
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body of marihuana, other than low-THC cannabis prescribed as |
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described by Subsection (c), or of a controlled substance not |
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prescribed as described by that subsection. |
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(n) If a parent or caretaker relative of a dependent child |
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is ineligible under Subsection (d), (e), or (g) to receive |
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financial assistance benefits on behalf of the child because of the |
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results of a drug test conducted under this section, the commission |
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shall designate a protective payee to receive financial assistance |
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benefits on behalf of the child. A person must submit to a |
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marihuana and controlled substance use screening assessment to |
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establish the person's eligibility to serve as a protective payee. |
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A person whose marihuana and controlled substance use screening |
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assessment indicates good cause to suspect the person of use of |
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marihuana, other than low-THC cannabis prescribed as described by |
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Subsection (c), or of a controlled substance not prescribed as |
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described by that subsection shall submit to a drug test to |
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establish the eligibility of the person to serve as a protective |
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payee, subject to rules adopted under Subsection (o) that exempt a |
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person from the drug test. A person whose drug test conducted under |
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this section indicates the presence in the person's body of |
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marihuana, other than low-THC cannabis prescribed as described by |
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Subsection (c), or of a controlled substance not prescribed as |
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described by that subsection is ineligible to serve as a protective |
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payee. |
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(o) The executive commissioner shall adopt rules |
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implementing this section, including rules that exempt a person |
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from having to submit to a drug test under this section if: |
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(1) there is no person who is authorized to administer |
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a drug test under this section in the county in which the person |
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resides; and |
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(2) submitting to a drug test outside the person's |
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county would impose an unreasonable hardship on the person. |
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SECTION 2. (a) Section 31.0321, Human Resources Code, as |
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added by this Act, applies to: |
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(1) an adult applicant, including an applicant |
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applying solely on behalf of a child, who initially applies for |
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financial assistance benefits under Chapter 31, Human Resources |
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Code, on or after the effective date of this Act; |
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(2) a minor parent who is the head of household who |
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initially applies for financial assistance benefits under Chapter |
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31, Human Resources Code, on or after the effective date of this |
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Act; |
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(3) an adult applicant, including an applicant |
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applying solely on behalf of a child, who applies for the |
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continuation of financial assistance benefits under Chapter 31, |
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Human Resources Code, on or after the effective date of this Act; |
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and |
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(4) a minor parent who is the head of household who |
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applies for the continuation of financial assistance benefits under |
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Chapter 31, Human Resources Code, on or after the effective date of |
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this Act. |
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(b) Except as provided by Subsections (a)(3) and (4) of this |
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section, an adult applicant, including an applicant applying solely |
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on behalf of a child, or a minor parent who is the head of household |
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who applied for financial assistance benefits under Chapter 31, |
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Human Resources Code, before the effective date of this Act is |
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governed by the law in effect when the person applied for financial |
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assistance benefits, and that law is continued in effect for that |
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purpose. |
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SECTION 3. If before implementing any provision of this Act |
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a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 4. This Act takes effect September 1, 2023. |