SRC-ARR S.B. 51 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 51
76R1189 KKA-DBy: Nelson
Health Services
3/7/1999
As Filed


DIGEST 

Currently, other states are requiring mandatory drug testing for drug
offenders to be eligible to receive welfare benefits. Increased focus on
moving families from welfare to work, time limits on the receipt of
benefits, and the requirement to meet federal work participation rates has
increased the emphasis by other states on early identification and removal
of potential barriers to employment. S.B. 51 requires applicants of
financial assistance to state whether or not they have been convicted of
certain drug-related offenses within the past five years and to submit to
drug testing. 

PURPOSE

As proposed, S.B. 51 establishes drug testing for certain persons seeking
TANF benefits. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Department of Human Services  in
SECTION 1 (Sec 31.0038 (h), Human Resources Code) of  this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 31A, Human Resources Code, by adding Section
31.0038, as follows: 

Sec. 31.0038. DRUG-RELATED CONVICTIONS AND DRUG TESTING. Defines
"controlled substance."  Requires an applicant for financial assistance to
state whether or not he or she has been convicted of an offense under
Chapter 481, Health and Safety Code. Requires an applicant  who has been
convicted of an offense to submit to a drug test to be eligible for
financial assistance.  Requires the Texas Department of Human Services   to
provide for drug testing of each applicant.  Provides that an applicant
whose drug test indicates a controlled substance not prescribed is
ineligible for financial assistance. Provides that an applicant whose drug
test does not indicate controlled substances is not ineligible for
financial assistance because of a conviction must submit to random drug
testing while receiving benefits.  Provides that a person who fails the
drug test is  ineligible for financial assistance until one year after the
test.  Requires a person denied eligibility and who reapplies to submit to
additional drug testing after the expiration of the ineligibility period.
Authorizes the department to notify the person of the results, confirm the
results with a second test and provide the person with an opportunity for a
public hearing concerning the results of the drug test. Requires the
department to adopt rules. 

SECTION 2. Requires a state agency to request the waiver and may delay
implementing the provision until the waiver is granted, if the agency
determines the waiver from a federal agency is necessary. 

SECTION 3. Effective date September 1, 1999.  
           Makes application of this Act prospective.

SECTION 4. Emergency clause.