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.