By Solomons H.B. No. 73
76R173 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to screening for criminal history and drug use of
1-3 applicants for public assistance benefits by health and human
1-4 services agencies.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1-7 amended by adding Sections 531.052 and 531.053 to read as follows:
1-8 Sec. 531.052. APPLICANT SCREENING FOR CRIMINAL HISTORY.
1-9 (a) A health and human services agency that administers a public
1-10 assistance program shall obtain from any law enforcement or
1-11 criminal justice agency all criminal history record information
1-12 that relates to an applicant for public assistance benefits
1-13 administered by that agency.
1-14 (b) An applicant who is the subject of an arrest warrant is
1-15 ineligible to receive public assistance benefits while the warrant
1-16 is outstanding.
1-17 (c) A health and human services agency shall adopt rules
1-18 implementing this section. The rules shall establish periods of
1-19 ineligibility resulting from adverse criminal history other than an
1-20 outstanding arrest warrant as appropriate for the type of public
1-21 assistance benefits administered.
1-22 (d) If a health and human services agency determines that an
1-23 applicant is ineligible to receive public assistance benefits
1-24 because of an outstanding arrest warrant or other adverse criminal
2-1 history, the agency shall notify the applicant of the agency's
2-2 determination.
2-3 (e) The notification required by Subsection (d) must also
2-4 indicate that the applicant is entitled to make a written request
2-5 for a public hearing before the agency concerning the accuracy of
2-6 the criminal history record information. An applicant must make a
2-7 written request for a hearing under this subsection not later than
2-8 the 21st day after the date on which the agency sent the notice
2-9 under Subsection (d).
2-10 Sec. 531.053. APPLICANT SCREENING FOR DRUG USE. (a) A
2-11 health and human services agency that administers a public
2-12 assistance program has the authority to adopt rules requiring drug
2-13 testing of applicants for public assistance benefits administered
2-14 by that agency. If adopted, the rules shall provide that an
2-15 applicant is ineligible for public assistance benefits if the
2-16 applicant's drug test indicates the presence in the applicant's
2-17 body of a controlled substance, as defined by Chapter 481, Health
2-18 and Safety Code, that is not prescribed for the applicant by a
2-19 physician. The rules may also provide that an applicant for public
2-20 assistance benefits must submit to random drug testing as a
2-21 condition of continued eligibility.
2-22 (b) If a health and human services agency determines that a
2-23 person is ineligible to receive public assistance benefits because
2-24 of a positive drug test, the agency shall notify the person of the
2-25 agency's determination.
2-26 (c) The notification required by Subsection (b) must also
2-27 indicate that the applicant is entitled to make a written request
3-1 for a public hearing before the agency concerning the results of
3-2 the drug test. An applicant must make a written request for a
3-3 hearing under this subsection not later than the 21st day after the
3-4 date on which the agency sent the notice under Subsection (b).
3-5 (d) A health and human services agency shall pay the cost of
3-6 a drug test required by a rule adopted by the agency under this
3-7 section.
3-8 SECTION 2. Subchapter F, Chapter 411, Government Code, is
3-9 amended by adding Section 411.1401 to read as follows:
3-10 Sec. 411.1401. ACCESS TO CRIMINAL HISTORY RECORD
3-11 INFORMATION: HEALTH AND HUMAN SERVICES AGENCIES. (a) In this
3-12 section, "health and human services agency" has the meaning
3-13 assigned by Section 531.001, Government Code.
3-14 (b) A health and human services agency is entitled to obtain
3-15 from the department criminal history record information maintained
3-16 by the department that relates to an applicant for public
3-17 assistance benefits administered by that agency.
3-18 (c) Criminal history record information obtained by an
3-19 agency under Subsection (b):
3-20 (1) may be used for any purpose related to the
3-21 agency's determination of the applicant's eligibility for public
3-22 assistance benefits; and
3-23 (2) may not be released or disclosed to any person
3-24 except in a hearing conducted by the agency, on court order, or
3-25 with the consent of the person to whom the information refers.
3-26 SECTION 3. If before implementing any provision of this Act
3-27 a state agency determines that a waiver or authorization from a
4-1 federal agency is necessary for implementation, the state agency
4-2 shall request the waiver or authorization and may delay
4-3 implementing that provision until the waiver or authorization is
4-4 granted.
4-5 SECTION 4. (a) This Act takes effect September 1, 1999.
4-6 (b) Sections 531.052 and 531.053, Government Code, as added
4-7 by this Act, apply to a person who applies for public assistance
4-8 benefits from a health and human services agency on or after the
4-9 effective date of this Act. A person who applied for public
4-10 assistance benefits from a health and human services agency before
4-11 the effective date of this Act is governed by the law in effect
4-12 when the person applied for the benefits, and that law is continued
4-13 in effect for that purpose.
4-14 SECTION 5. The importance of this legislation and the
4-15 crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended.